This User Agreement contains terms and conditions for the subscriber's or Portal Sponsor's use of Integrated Digital Technologies' "www.ContractorsPlanRoom.com" or idtplans.com website (hereinafter referred to as "website"); use of the website constitutes the customer's (hereinafter referred to as "subscriber") acceptance of these terms and conditions. For a subscription fee, free trial subscription registration or other consideration, and provided that the subscriber fully complies with this User Agreement, Integrated Digital Technologies, LLC (hereinafter referred to as "IDT") grants to the subscriber a non-exclusive, non-transferable, and limited right of access to and display of the www.ContractorsPlanRoom.com or www.idtplans.com website.
I. Subscription Conditions and Service Fees
Project information databases and other key features of the website are accessible or available only through the purchase of a subscription, use of a trial subscription or through an approved alliance with a Portal Sponsor.
A. If by paid subscription, subscriber agrees to pay, using a valid credit card which IDT accepts or other acceptable means of payment, subscription charges, service fees, other charges, and applicable taxes incurred by the subscriber for subscription-related services. IDT reserves the right to modify subscription charges, service fees, other charges, or to introduce new fee schedules upon notice posted ten (10) days in advance of the application of said charges or fees on it's website, by e-mail, or conventional mail to registered subscribers.
B. If by paid subscription, IDT will automatically charge the subscriber's account for the periodic renewal of the subscription; such charge will be the current published (or otherwise agreed upon) rates for the term of the subscription. In the event IDT is unable to charge the registered (credit card) account, or if the billing account becomes delinquent, IDT reserves the right to suspend or terminate the subscription.
C. In addition to paid subscription charges, any subscriber is responsible for costs associated with connecting to the internet and website which are not included as part of the subscription service. These fees may include, but are not limited to telephone access lines (including long-distance charges, when applicable), and Internet Service Provider (ISP) fees.
D. For purpose of identification and billing [if required], the subscriber agrees to provide IDT with accurate, current, and complete registration information; this information includes company name, contact name, address, telephone number(s), fax number, e-mail address, and applicable payment data (i.e. credit card number and expiration date). Failure to comply with this provision, or falsification of any data may result in refusal, suspension, or termination of subscription rights.
E. The subscriber agrees to update subscription registration data promptly in the event of any known or suspected unauthorized use of the subscription, or of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of the subscriber's credit card information or password. In the event of this breach of security, the subscriber remains liable for subscription-related costs until registration data is modified or restored. If the registered credit card expires, is canceled, lost, or subject to use without the subscriber's authorization, or if the subscription is subject to use without the subscriber's authorization, contact IDT immediately (520-319-0988) to amend registration data.
F. The subscriber acknowledges and warrants to IDT that the subscriber is at least eighteen (18) years of age and has the legal right and ability to enter into this User Agreement and to use the website in accord with it's terms and conditions. Further, the subscriber agrees not to assign, transfer or sublicense rights (except those rights as a Portal Sponsor) as a subscriber to the website services, and agrees to be financially responsible for all usage or activity associated with the subscriber's account.
G. As part of the registration process, the subscriber will select or be provided a password. This password is for the subscriber's individual use only, the individual subscriber is solely responsible for maintaining the confidentiality of any password used to access the IDT website subscription services, is responsible for any subscription-related costs, and agrees that IDT will have no obligations with regard thereto.
II. Internet Communications Forum
Certain features available at the website require, or provide for, communications or exchange of information via e-mail, fax, telephone, and/or mailings between IDT, subscribers, and/or Portal Clients (i.e. Project Alerts, Classified Ads, Contact Information, Directories, etc.), the subscriber agrees and acknowledges:
A. Subscriber expressly agrees to the receipt of e-mail or fax notifications from IDT for the purpose of normal and customary business-related communications; it is assumed that by subscribing and listing contact information, the subscriber expects contact that is germane to the content of the website and purpose of the listing.. Subscriber further agrees not to use the e-mail features or contact information available on the website to send unsolicited communications, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another internet or marketing service which in any way involves the use of the website, or any information contained on the website, or any equipment owned or operated by IDT in connection with the website; a message is unsolicited if it is sent to a recipient who has not requested or otherwise invited the message. For purposes of this provision, merely making one's contact information or e-mail address accessible shall not constitute a request or invitation to receive messages.
B. Reliance upon any information displayed or distributed through the website is at the subscriber's sole risk. IDT reserves the right, in its sole discretion and without notice, to correct any errors or omissions, or to deny access to the website to anyone at any time. IDT is not responsible for any information or materials posted by subscribers or Portal Clients to the website, but reserves the right to remove material or information deemed inappropriate, unsuitable, or incorrect. Prior to purchasing any third party products or services described on the website, the subscriber is strongly advised to verify pricing and other pertinent information; IDT shall not have any liability arising from purchases of third party goods or services based upon the information provided on the website.
C. The website may contain links or pointers to other sites on the internet which may be maintained by parties not associated with IDT. Such links do not constitute an endorsement by IDT of any third-party site or of any materials contained therein. IDT does not control, and is not responsible for, the accuracy, privacy, or integrity of such third-party sites or any information, content, products or services available from such third-party sites.
The subscriber hereby agrees to indemnify, defend, and hold harmless IDT from and against any and all liability and costs incurred in connection with any claim arising out of any breach or alleged breach of any of the subscribers' obligations herein. The subscriber shall cooperate as fully as reasonably required in the defense of any claim. IDT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the subscriber and the subscriber shall not in any event settle any matter without the written consent of IDT.
IV. Copyright and Trademarks
The website design and structure, including without limitation logos, images, software, text, database function, and subscription services are the property of IDT which retains all rights, title, and interest in said content. Except as provided by the subscription services, the subscriber may not download, remove watermarks, alter, display, reproduce, create works from, transmit, sell, distribute, or in any way exploit the website or any portion thereof without prior written consent from IDT. The subscriber agrees not to interrupt, or attempt to interrupt, the operation of the website in any way. The project database contains drawings, plans, and/or specifications which are sourced from the architectural community and the design remains the property of the architect or the developer that commissioned the architect. IDT does not own, nor have responsibility for the content of the drawings, plans, or specifications.
V. Disclaimer of Warranty
EXCEPT AND UNLESS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL FUNCTION, CONTENT, SOFTWARE, SUBSCRIPTION SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE OR ACCESSED) ARE PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IDT MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY IDT. IDT DOES NOT WARRANT THAT THE FUNCTIONS AT THE SITE OR THE SUBSCRIPTION SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SUBSCRIPTION SERVICES WILL MEET ANY PARTICULAR CRITERIA FOR PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING COMMUNICATIONS OR THE SERVER(S) ON WHICH THE SITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDT DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH INTERNET BROWSERS OTHER THAN MICROSOFT'S INTERNET EXPLORER©. VI. Limitation of Liability THE SUBSCRIBER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM USE OF DATABASE FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL IDT, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR IDT, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR SUBSCRIPTION SERVICES, EVEN IF IDT OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF IDT IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY THE SUBSCRIBER FOR ACCESS AND USE OF THE SUBSCRIPTION OR RELATED SERVICES. THE SUBSCRIBER HEREBY RELEASES IDT FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND/OR CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU SUBSCRIBER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IDT IS NOT ENGAGED IN LEGAL, FINANCIAL, OR OTHER COMPARABLE PROFESSIONAL BUSINESS SERVICES.
In addition to any other rights of the parties set forth, either the subscriber or IDT may cancel or terminate this User Agreement at any time in accord with the subscription instructions. IDT also reserves the right to restrict, suspend or terminate access to subscription services in whole or in part, without notice, with respect to any breach or threatened breach by the subscriber of any portion of this User Agreement. If IDT terminates this User Agreement based on a breach of any portion of this User Agreement, IDT reserves the right to refuse to provide a subscription or any subscription services to the subscriber in the future.
A. IDT has the right to modify the User Agreement and any policies affecting the website. Any modification is effective immediately upon posting to the website, or via e-mail, or via conventional mail. Continued use of the website following notice of any modification to the User Agreement shall be conclusively deemed an acceptance of all such modification(s). The subscriber's only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of IDT in providing the website, including without limitation (1) any change in the structure or design, or (2) any change in the amount or type of fees associated with the subscription services, is to cancel the subscription.
B. IDT has the right to modify, suspend or discontinue the website or any portion thereof at any time, including the availability of any area of the website, including without limitation the subscription services. IDT may also impose limits on certain features and services or restrict access to parts or all of the IDT Site without notice or liability. IX. General. This User Agreement constitutes the entire agreement between the subscriber and IDT with respect to the website and subscription related services and supersedes any and all prior agreements between the subscriber and IDT. Failure by IDT to enforce any provision of this User Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this User Agreement shall be governed by the laws of the state of Arizona. The subscriber consents irrevocably to personal jurisdiction in the federal or state courts located in Pima County, Arizona for any action arising out of or relating to your use of the website or subscription services. The federal and state courts of Pima County, Arizona shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this User Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.