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Terms of Use

Erdman Sites

By accessing any of Erdman Company’s (“ERDMAN“) Internet pages, including, without limitation, www.erdman.com, mobile websites, ERDMAN’S social media sites and any other digital services or properties operated or used by ERDMAN (collectively, “ERDMAN Sites“), you agree to comply with and be bound by these Terms of Use (“Terms of Use“) and ERDMAN’S Privacy Policy.  If you disagree with the Terms of Use and ERDMAN’S Privacy Policy, then you must immediately stop accessing the ERDMAN Sites.

1. This is a Contract

These Terms of Use are a contract between you and ERDMAN regarding your access to the ERDMAN Sites. By using the ERDMAN Sites, you agree to and accept the Terms of Use.

2. State Architecture and Engineering Licensure

Various state laws require that the practice of architecture or engineering be conducted by or through entities owned or controlled by appropriate professionals.  ERDMAN or its employees or agents control, own or operate various entities (some with names other than “ERDMAN”) that are intended to comply with these requirements.  Please contact ERDMAN’s General Counsel (banderson@erdman.com) if you have any questions about these entities. 

3. ERDMAN Content

The ERDMAN Sites include, without limitation, the following (collectively, the (“ERDMAN Content”): (i) ERDMAN’s trademarks, service marks, logos, trade dress and trade names and other proprietary information (collectively, the “ERDMAN Marks“); (ii) information, data, materials, code, databases, products, services, software, text, images, photographs, audio, video, artwork; and (iii) design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of content in or available through the Erdman Sites.  ERDMAN owns the ERDMAN Content.  The ERDMAN Content is protected in all media now existing or hereafter developed, by applicable law, including, without limitation, laws governing copyright, trade secret, patent, and trademark. Your reproduction, transmission, distribution, sale, publication, broadcast, circulation, or dissemination of any ERDMAN Content is forbidden and is not included in the License.  You may not alter, delete, obscure any copyright or other notices in the ERDMAN Content.

4. License Grant

If you agree to and comply with these Terms of Use, then you are granted a revocable, limited, non-exclusive, non-assignable, non-transferrable, temporary “License” to access the ERDMAN Sites. ERDMAN may terminate the License for any or no reason. The License is the only right you have with regard to the Erdman Sites. Rights not granted in the License are reserved to ERDMAN.

5. License Restrictions

The License does not include any right to copy, change, translate, create derivative works from, distribute, sell, display, remove or alter any notices or labels from, lease, sublicense, decompile, or reverse engineer the ERDMAN Sites or any ERDMAN Content.  The License does not include any right to the following: (i) use of the ERDMAN Sites for any illegal activity; (ii) interference with the ERDMAN Sites including, without limitation, via transmission of a computer virus or other malicious code, worm, trap door, back door, timer, clock, Trojan horse, denial of service attack or other limiting routine, instruction or design; or (iii) interference with any other person’s use and enjoyment of the ERDMAN Sites.

6. Amendment

ERDMAN may revise these Terms of Use at any time in its sole discretion by posting revised Terms of Use to the ERDMAN Sites. Your use of the ERDMAN Sites means you accept the Terms of Use posted on the ERDMAN Sites at the time of your access.

7. ERDMAN Privacy Policy

For information about ERDMAN’s data protection and use and protection of your personal information, please see the ERDMAN Privacy Policy.

8. Your Login Information

Access to certain features or areas of the ERDMAN Sites may only be available with registration or login. If you are required to register and select a unique login and password (“Your Login Information“), then you are exclusively responsible to keep Your Login Information confidential. ERDMAN is not liable for any damage, claim, or other cost caused by or related to the theft, misappropriation, disclosure, or unauthorized use of Your Login Information. You must contact ERDMAN immediately if you believe that Your Login Information has been misappropriated or if you want to deactivate Your Login Information.

9. Your Obligations

You will abide by all applicable local, state, national, and international laws and regulations when using the ERDMAN Sites. You will not interfere with others’ use and enjoyment of the ERDMAN Sites. You are exclusively responsible for any liabilities, fines, penalties, or forfeitures arising from your violation of any laws. You must provide true and complete information when submitting information or materials via the ERDMAN Sites. If you submit false or incomplete information, then ERDMAN can terminate your License.

10. Unacceptable Use

You will not use the ERDMAN Sites to upload, download, post, email, transmit or otherwise make available any content, including through any attachments thereto, that are, in ERDMAN’s sole discretion, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or racially, ethnically or otherwise objectionable.  

11. No Warranty Regarding Confidentiality of Your Information

Except as required by law, ERDMAN does not warrant or guarantee the confidentiality or security of any communication or other material transmitted to or from the ERDMAN Sites.

12. Warranties Disclaimed and Exclusive Remedy

The ERDMAN Sites and ERDMAN Content are provided “as is” and “as available.”  ERDMAN, its affiliated entities, subsidiaries, employees, officers, agents, or licensors (collectively, “ERDMAN Parties“) disclaim all express or implied representations or warranties of any kind related to the ERDMAN Sites and ERDMAN Content, including without limitation, any representation that the ERDMAN Sites or ERDMAN Content are complete, accurate, or non-infringing or that access to the ERDMAN Sites shall be uninterrupted, timely, secure, or error free.  The ERDMAN Parties disclaim all warranties, express or implied, to the fullest extent permitted by law including, without limitation, any warranty of merchantability or fitness for a particular purpose. Your exclusive remedy with regard to any claimed damages resulting from the ERDMAN Sites or ERDMAN Content is to cease using the ERDMAN Sites and ERDMAN Content.

13. No Obligation to Update

ERDMAN has no obligation to correct or update the ERDMAN Sites or the ERDMAN Content. 

14. No Professional Advice and Disclaimer as to Accuracy of Information

The information contained in the ERDMAN Sites and ERDMAN Content are for informational purposes only and may or may not reflect the most current professional architectural or engineering requirements.

15. Third Party Information

The ERDMAN Sites may include materials from third parties. ERDMAN makes no representation or warranty with respect to the non-infringement, accuracy, completeness, or reliability of third-party materials.

16. Exclusion of and Limitation of Liability

You agree that none of the ERDMAN Parties shall be liable to you for compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising from your use of or inability to use the ERDMAN Sites or ERDMAN Content.

17. Severability

If any provision in these Terms of Use is voided (or otherwise declared unlawful) by a court of law, then the remaining provisions of these Terms of Use shall remain in effect. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages.

18. Indemnification

To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the ERDMAN Parties from and against all claims, damages, fines, litigation costs, losses, damages or attorney fees, to the extent arising from or in any way related to your access or use of the ERDMAN Sites and/or ERDMAN Content in violation with applicable law or these Terms of Use.

19. Term and Termination

These Terms of Use take effect when you begin accessing or using the ERDMAN Sites. ERDMAN reserves the right, with or without notice, at any time, and for any or no reason to deny you access to the ERDMAN Sites or to any portion thereof, and to terminate your License. Your License terminates automatically if you fail to comply, in ERDMAN’S sole judgment or discretion, with these Terms of Use. 

20. Arbitration

Any controversy or claim (“Claim“) you have arising out of or relating to these Terms of Use shall exclusively be resolved by an impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its then current rules for the resolution of commercial disputes. A Claim does not mean or include any class action or an action related to construction, architecture, engineering or any other business of ERDMAN. The arbitration shall be held in Madison, Wisconsin. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitrator’s award shall be final and binding. The arbitrator shall have no authority to proceed with any arbitration based on a class or other representative basis. Any claim or controversy as to the enforceability of this arbitration provision’s restriction on your right to participate in or pursue a class action or classwide arbitration shall be brought only in the United States District Court for the Western District of Wisconsin or any state court in Dane County, Wisconsin.

21. Venue

Wisconsin courts and the United States District Court for the Western District of Wisconsin shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of these courts and you will not object to this jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY CLAIM.

22. Governing Law

These Terms of Use and all matters regarding the License and your use of the ERDMAN Sites are governed by, construed in accordance with, and enforced under Wisconsin law, without regard to choice of law principles.

23. Complete Agreement

These Terms of Use, together with any revision, any Additional Terms or Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the relating to the ERDMAN Sites and its use by you, and supersedes any previous written or oral communication regarding use of the ERDMAN Sites.

24. Statute of Limitations

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the ERDMAN Sites must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.

25. Access Outside of United States

ERDMAN disclaims any representation or warranty that the ERDMAN Sites or ERDMAN Content are accessible, functional outside of the United States.

26. Social Media Non-Endorsement

ERDMAN provides opportunities for user interaction within its ERDMAN Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, and Instagram. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. ERDMAN is not responsible for content or links posted by others.

27. Contact Information

If you have any questions or concerns regarding these Terms of Use or the ERDMAN Sites, please visit our Contact Us page.

© 2021 ERDMAN Company | Last Edited on 2021-04-15

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