TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THE SERVICES. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE ONCE YOU CLICK THE “I AGREE” BUTTON ON THE PURCHASE SITE.
ACCEPTANCE OF TERMS
This Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others who may interact or interface with Technical Resources Consultants Inc, also known as TRC, (“we”, “us”, “our” or “TRC”) and our subsidiaries and affiliates, in association with the use of TRC websites and applications, including www.specseducation.online, (collectively, the “Site”), and TRC’s Services and Offerings, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES
The Site is an e-commerce website that provides educational tools, materials, video instruction, resources, and quizzes designed to improve knowledge of construction specifications, and guide specifications designed for use by construction professionals to provide guidance in the creation of construction specifications which document owner requirements and design decisions for a construction project (collectively, the “Services”). Your use of the Site is subject to the TOS. Any and all visitors to the Site shall be deemed as “users” of the Services provided for the purpose of this TOS.
Each user acknowledges and agrees that the Services provided are made available through the Site, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Technical Resources Consultants Inc. We may offer additional Services and/or products, or update, modify, or revise any current content and Services, and this TOS shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services. We reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user, acknowledge, accept and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, you should frequently review this TOS to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised, or modified terms, you must immediately stop using the provided Services.
Furthermore, you understand, acknowledge, and agree that we cannot promise or guarantee specific results from using the Services available on the Site and the Services are provided “AS IS” and we have no responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.
INTENDED PURPOSE
You agree that the Services are not a substitute for professional judgement or independent research or study and that they are intended only to assist you with its design, analysis, estimation, and testing and are not a substitute for your own independent design, analysis, estimation, and testing, or other activities including those with respect to product stress, safety, and utility. By your using the Services ngs you agree to and acknowledge responsibility for the supervision, management, and control of the Services and the results of using the Services within your specific construction project, and that the Services provided by the Site may not achieve the results you desire. The Services are designed to serve as a general reference guide and not intended to replace professional advice, training, or expertise
PRIVACY POLICY
Every user’s registration data and various other personal information are strictly protected by the TRC Online Privacy Policy (see the full Privacy Policy at www.trc-consultants.com). As a user, you herein consent to the collection and use of information you provide to us, including the transfer of information within the United States and/or other countries for storage, processing or use by TRC and/or our subsidiaries and affiliates and consent to receiving communications from TRC with respect to updates to Services and Offerings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network, you hereby agree to comply with all local rules relating to online conduct and use of content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology, or any other technical data through the use of our Services to any export-prohibited country;
c) agree not to use the Site or the Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
USER CONTENT
You hereby grant a perpetual, non-exclusive, worldwide, sublicensable, fully paid, royalty free right and license permitting TRC and its sublicensees to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display all materials, including without limitation, drawings, text, specifications, designs, photos, audio, video, and/or graphics you provide or make available to TRC (collectively “User Content”).
The above license shall include the right for TRC and its sublicensees to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display User Content, whether in whole or in part, and the incorporation of any User Content into other works in any arrangement or medium current used or later developed.
You hereby represent and warrant that you have all rights necessary to grant the above licenses and permissions.
INDEMNITY
Except and to the extent required by applicable law, you agree to indemnify and hold TRC and its owners, subsidiaries, affiliates, officers, directors, agents, attorneys, employees, partners, licensors and other representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of, or in connection with, (i) User Content, (ii) your use or access of the Services, (iii) your connection to the Services, (iv) your violation of these Terms or applicable law, (v) your violation of any rights of another, and (vi) any taxes arising in connection with your purchase or use of the Services in any jurisdiction, domestic or otherwise, including, without limitation, sales and use tax.
OWNERSHIP OF CONTENT
By accepting these Terms, you agree that all content presented and available to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and European Union, and is the sole property of TRC or its subsidiaries and affiliates. MASTERFORMAT® numbers and titles are used under license from Construction Specifications Institute, Inc. (http://www.csiresources.org).
Furthermore you agree not to replicate, duplicate, distribute, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to TRC’s Site or Services.
Trademarks or service marks are property of their respective owners. Nothing in these Terms grant you any right to use any trademark, service mark, logo, and/ or the name of TRC or its subsidiaries or affiliates.
Limitation of Right Granted: TRC reserves all rights not expressly granted herein.
MODIFICATIONS
Technical Resources Consultants Inc shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Technical Resources Consultants Inc shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
LINKS/THIRD PARTY CONTENT
We and certain third parties may provide links to other websites or may otherwise include references to information, products or services made available by unaffiliated third parties. The inclusion of such a link or reference is provided as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied You acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or services made available on or through any such site or resource
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that TRC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers are protected by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by TRC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or create any plagiaristic works which are based on our Services (e.g. Content or Software), in whole or part.
Technical Resources Consultants Inc herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of purchased products as part of the Services on our Site or our Software on a single computer, as long as you do not, and shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise, transfer any such right in the Software, Services. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by us for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF TECHNICAL RESOURCES CONSULTANTS INC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. TECHNICAL RESOURCES CONSULTANTS INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
b) TECHNICAL RESOURCES CONSULTANTS INC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) THE SITE, SERVICES OR OFFERINGS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES OR OFFERINGS WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF THE SITE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING, AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM TRC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOMS IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Site, Services and Offerings shall be limited to the amount you paid to us.
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT TECHNICAL RESOURCES CONSULTANTS INC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Technical Resources Consultants Inc (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD-PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Technical Resources Consultants Inc may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand, and agree that all of the Technical Resources Consultants Inc trademarks, copyright, trade name, service marks, and other Technical Resources Consultants Inc logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Technical Resources Consultants Inc. You herein agree not to display and/or use in any manner the Technical Resources Consultants Inc logo or marks without obtaining Technical Resources Consultants Inc’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Technical Resources Consultants Inc will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Technical Resources Consultants Inc may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Technical Resources Consultants Inc Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Technical Resources Consultants Inc
Attn: Copyright Agent
1314 S Grand Blvd, Suite 2, #280
Spokane, Washington 99202
Telephone: 509.456.6525
Email: sherry@trc-consultants.com
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement and understanding between the parties concerning the subject matter hereof and superseding any prior version of this TOS between the parties with respect thereto. These Terms may not be altered, supplemented, or amended by the use of any other document(s). Any interpretation shall be interpreted so as to not conflict with any language attached to the Services and Offerings of the Site.
It is at the mutual agreement of both you and Technical Resources Consultants Inc with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Technical Resources Consultants Inc, shall be filed within the courts having jurisdiction within the County of Spokane, Washington, or the U.S. District Court located in said state. You and Technical Resources Consultants Inc agrees to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Technical Resources Consultants Inc fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 2 year(s) after said claim or cause of action arose or shall be forever barred.
NOTICES
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to sherry@trc-consultants.com if by email, or to our address as follows:
Mailing Address:
Technical Resources Consultants Inc
1314 S Grand Blvd, Suite 2, #280
Spokane, Washington 99202
Telephone: 509.456.6525
Email: sherry@trc-consultants.com
Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by U.S. mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; or (5) on the delivery date if transmitted by confirmed.
