LEGAL NOTICE AND AGREEMENT

legal notice

This AEPlans, Ltd. (“AEPlans”) Legal Notice and Agreement sets out the terms and conditions under which AEPlans makes information and products available on this web site (www.aeplans.com). For purposes of this Legal Notice and  Agreement, use of the term “User” refers to any person or entity using this web site for any purpose whatsoever including, but not limited to, the posting of information, the viewing, uploading, downloading, printing or re-distribution of any images, data or documents in any manner whatsoever.  The term “User” includes, but is not limited to, architects, engineers, designers, reprographers, distributors and re-distributors, printers, submitters, contractors, subcontractors, consultants and suppliers.  By accessing this site, the “User” agrees to all the terms and conditions set forth in this Legal Notice and Agreement, hereinafter referred to as “Notice.”  AEPlans reserves the right to change the terms and conditions, the products, services, prices and programs mentioned on this site at any time, at its sole discretion and without notice. AEPlans reserves the right to seek all remedies available to it by law and in equity for any violation of the terms and conditions contained herein.  All rights not expressly granted herein are herein reserved.

copyright information

The information and materials appearing on this web site, including without limitation any and all web site text, web site layout and design features, project listings, and menus, are protected by U.S. and International copyright Laws. Ownership of said information and materials (“the AEPlans Copyrighted Information”) lies exclusively with AEPlans and its affiliates, and except as specifically permitted, no portion of this web site or the AEPlans Copyrighted Information may be distributed or reproduced by any means, or in any form, without AEPlan's prior written permission.

COPYRIGHT NOTICE:

© 2007 AEPlans, Ltd., 5208 South 2nd Avenue, Suite 200, Everett, Washington 98203, USA. All rights reserved.

The copyrights in any and all plans, drawings, specifications, and related design information (“Project Plans”) that may be accessed through this web site are owned by the original author, creator, architect, engineer, submitter, or drafter of the work (“Submitter”), as the case may be, and may only be reproduced pursuant to the terms and conditions of this Notice.  The original Submitters of the Project Plans have made said Project Plans available to Users of the AEPlans web site pursuant to this Agreement and with the understanding that said Project Plans will be used solely to facilitate the bidding process. AEPlans assumes no responsibility for the reproduction, distribution, or use of Project Plans other than in accordance with the terms and conditions of this Agreement and this Notice.

In the event that User fails to honor the rights of the owner(s) of the Project Plans or copies or facilitates the copying of said Project Plans for reasons unrelated to bidding or construction, User shall be directly liable to the Submitter(s) or owners of the Project Plans and shall defend, cover, hold harmless, and indemnify AEPlans from any claim, demand, or cause of action of or to third parties, arising out of such conduct. User shall also defend, cover, hold harmless, and indemnify AEPlans from any claim, demand, or action of or to third parties, in the event that User fails to honor any other intellectual property rights owned by third parties.

The MaxView software and accompanying documentation available to download from this site are protected by U.S. and International copyright laws.  Use of the software is governed by the terms of the End User License Agreement, which accompanies such software. If no End User License Agreement accompanies the download, the terms of the license agreement that accompanied the original product being updated will govern. User will not be able to use, download, or install any software unless User agrees to the terms of the End User License Agreement or any other license agreement as may be indicated in the respective software notices provided with the software.

use of web site information

Access, viewing, printing and distribution of project information on this web site, including but not limited to plans and specifications, is specifically permitted subject to the following terms and conditions:

1. User shall comply with all laws, regulations and customary practices of the jurisdiction in which User resides or conducts business (“the Project Jurisdiction”). User shall also comply with any and all requirements imposed by the Submitter of the Project Plans, including, but not limited to, any licensing requirements.
2. Access codes, including user names and passwords, are for the benefit of the original recipient of the access codes, shall be kept strictly confidential, and shall not be disclosed to anyone without the expressed written consent of AEPlans.  The Submitter may, however, give a job access code to prospective bidders to enable access to the private plan site for the purpose of viewing and printing.
3. Project Plans provided through this web site contain materials owned by the Submitter, which are protected under U.S. Copyright Law Title 17, United States Code, and International law. The delivery of Project Plans, or related information to User or any third party recipient (“Third Party Recipient”) in any way from this site constitutes a non-exclusive limited license to use said Project Plans or related information only for the specific purpose of preparing a bid or proposal pursuant to a request to bid on the projects represented by the Project Plans or related information.
4. By agreeing to the terms and conditions of this Notice, User acknowledges that AEPlans does not offer or provide professional architectural, design, construction, engineering, or other services requiring professional certification, and in no way warrants or represents to public or private users the viability, quality, or soundness of any Project Plans or other project information that may be accessed through this web site. If User requires design, construction, engineering, or other professional assistance, the services of a competent professional person should be sought.
5. AEPlans shall not be liable for the quality, soundness, or viability of any information appearing on this web site; provided, however, that for Project Plans that are verified using the “authentication” feature on this web site, AEPlans warrants and represents that such information is a true and complete copy of the original or amended Project Plans posted on the web site by the Submitter.
6. The User is responsible for consulting the Submitter and the AEPlans web site for any updates, revisions, addenda, or amendments to the original Project Plans that may reflect any changes in the design or specification following the preparation date of the original Project Plans. The User acknowledges that he/she is responsible for obtaining and viewing all project plan documents. User agrees to hold AEPlans, the Plan Documents Submitter and the Project Owner harmless and to indemnify AEPlans, the Plan Document Submitter and the Project Owner from any claims, whatsoever, resulting from User's failure to obtain and view all project plan documents, including updates, revisions, addenda or amendments to the original Project Plans.
7. For purposes of this Notice, the term “Project Plans” does not include logos, graphics, sounds or images on this web site, which may only be reproduced or distributed with the express written consent of AEPlans.

warranties and disclaimers; liability limitations

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN THE USER AND AEPLANS, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

AEPLANS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

IN NO EVENT SHALL AEPLANS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, NCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) COSTS OF REPLACEMENT GOODS, (3) LOSS OF USE, DATA, OR PROFITS, (4) DELAYS OR BUSINESS INTERRUPTIONS, (5) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF PROJECT PLANS OR INFORMATION OR THE PERFORMANCE OF THIS WEB SITE, WHETHER OR NOT AEPLANS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

USER ACKNOWLEDGES THAT AEPLANS IS ACTING SOLELY AS A CONDUIT TO FACILITATE DISTRIBUTION OF THE PROJECT PLANS AND RELATED INFORMATION BETWEEN THE SUBMITTER AND THE USER AS WELL AS BETWEEN THE USER AND THIRD PARTY RECIPIENTS OF THE PROJECT PLANS.

SOME STATES AND COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY IN THESE JURISDICTIONS.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, AEPLANS MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

products and services availability

This web site can be accessed from countries around the world and may contain references to AEPlans services, programs, and products that have not been announced in your country. These references do not imply that AEPlans intends to announce such services, programs, or products in your country.

submissions

Submitters of Project Plans are provided with origination software for the purposes of assembling and uploading Project Plans to this web site. Project Plans may be listed in a public or private area of the web site and it is the sole responsibility of the Submitter to ensure that such submissions are directed to the correct area of display and that private plan area access codes are distributed only to appropriate Users or Third Party Recipients. AEPlans shall not be liable for any errors, omissions, delays, personnel, software, equipment or communications failures in accepting, posting or subsequently making available any Project Plans or related information.  Any liability to the Submitter shall be limited to the amount of the fee charged for the service.

By sending Project Plans or related information to this AEPlans web site, the Submitter agrees to grant AEPlans an unrestricted, irrevocable license to display, copy and distribute said Project Plans and related information on the web site according to rules and practices which may vary from time to time according to AEPlans’ sole discretion.

Submitter also agrees that AEPlans is free to use any Project Plans, ideas, concepts, or techniques that Submitter sends to AEPlans for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such Project Plans, ideas, concepts, or techniques.

AEPlans may, but is not obligated to, review or monitor areas on this web site where Users may transmit or post communications, including bulletin boards, chat rooms, and user forums. AEPlans is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

The User is prohibited from posting or transmitting to or from this web site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, AEPlans will have no liability related to the content of any such communications.

re-distribution

Project Plans, synopses thereof, and related information may be re-distributed, or re-printed for the benefit of Third Party Recipients; provided that any re-distribution or re-printing is conducted solely for purpose of facilitating the consideration of a project bid by the Third Party Recipient. However, where the “Controlled Secure Document Re-Distribution” notice appears in conjunction with the display of any Project Plans, synopses, or related information, said Project Plans, synopses, or related information shall be re-distributed or re-printed by User only in accordance with the following Controlled Secure Document Re-Distribution Rules (“Rules”).

controlled secure document re-distribution rules

The following Rules shall govern the re-distribution or re-printing of any Project Plans, synopses, or related information that have been classified as Controlled Secure Documents, as evidenced by the appearance of a “Controlled Secure Document Re-Distribution” notice.

1. User will diligently maintain records of the name and contact information of any Third Party Recipient to whom User has distributed Project Plans, synopses, or related information and make such records available to AEPlans and/or the Submitter within one business day of any request for such information.
2. User will make any such Third Party Recipients aware that any further re-distribution of Project Plans, synopses, or related information is strictly prohibited.
3. User will maintain any document authentication codes and digital signatures that the Submitter may have embedded or caused to be placed in the Project Plans, synopses, or related documents so that (a) any Third Party Recipient will be able to verify the authenticity and origin of the Project Plans, synopses, or related documents, and (b) the Submitter will be able to examine the Project Plans, synopses, or related documents at any time to determine their authenticity and origin.
4. User will relay to any Third Party Recipients (of the re-distributed documents) notification of any addenda that the Submitter may have posted on the AEPlans web site immediately upon receiving notice of the posting of such addenda on the AEPlans web site User shall make such addenda available to Third Party Recipients promptly upon request.
5. User shall submit to an audit of the conditions set forth in these Rules by AEPlans and/or the Submitter if so requested in the future.

linking to AEPlans web site

AEPlans shall permit Users to link to AEPlan's web site subject to the linker’s compliance with the following terms and conditions:

A site that links to AEPlan's web site:

1. May link to, but not replicate, content contained in AEPlan's site;
2. Must not create a border environment or browser around content contained in AEPlan's site;
3. Must not present misleading or false information about AEPlan's services or products;
4. Must not misrepresent AEPlan's relationship with the linker;
5. Must not imply that AEPlans is endorsing or sponsoring the linker or the linker's services or products;
6. Must not use any AEPlans Copyrighted information, or any AEPlans trademarks, logos, or trade dress without prior written permission from AEPlans;
7. Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for all ages;
8. Must not contain materials that would violate any laws;
9. Must agree that the link may be removed at any time upon AEPlan's request pursuant to AEPlan's reserved rights to rescind its consent to allow the link.

third-party web sites

AEPlan's web site provides links to third-party web sites, which are not under the control of AEPlans. AEPlans makes no representations about third-party web sites. When User accesses a non-AEPlans web site, User acknowledges that User does so at User’s own risk. AEPlans is not responsible for the reliability of any data, opinions, advice, or statements made on third-party sites. AEPlans provides these links merely as a convenience. The inclusion of such links does not imply that AEPlans endorses, recommends, or accepts any responsibility for the content of such sites.

third-party products and services

The AEPlans web site contains mention of third-party products and services for informational purposes. AEPlans makes no recommendations or endorsements about third-party products and services. References to third-party services and products are provided by AEPlans "as is” without warranty of any kind, either express or implied.

governing law and jurisdiction

User agrees that all matters relating to User’s access to, or use of, this web site shall be governed by the laws of the state of Washington.

AEPlans makes no representation that the Project Plans or other information appearing on this web site are appropriate or available for use in all countries, and prohibits accessing materials from territories where its contents are illegal. Users who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

export control laws

Software available on the AEPlans web site is subject to United States export controls. No software from this site may be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, or any other country to which the United States has embargoed goods; or (2) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders.

By downloading or using software from this site, User agrees to the foregoing and all applicable export control laws.  User also warrants that User is not under the control of, located in, or a resident or national of any such country or on any such list.

The information on export laws provided herein is not necessarily complete. For more information on export laws, please refer to 15 C.F.R. §736, 738, 744, 746, or telephone the United States Commerce Department, Bureau of Export Administration at (408) 998-7402, (202) 482-2440, or (202) 482-4811.

United States Government rights

All AEPlans products and publications are commercial in nature. The software, publications, and software documentation available on this web site are "Commercial Items", as that term is defined in 48 C.F.R.§2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are defined in 48 C.F.R. §252.227-7014(a)(5) and 48 C.F.R. §252.227-7014(a)(1), and used in 48 C.F.R. §12.212 and 48 C.F.R. 227.7202, as applicable. Pursuant to 48 C.F.R. §12.212, 48 C.F.R.§252.227-7015, 48 C.F.R. §227.7202 through 227.7202-4, 48 C.F.R. §52.227-19, and other relevant sections of the Code of Federal Regulations, as applicable, AEPlan's publications, commercial computer software, and commercial computer software documentation are distributed and licensed to United States Government end users with only those rights as granted to all other end users, according to the terms and conditions contained in the license agreements that accompany the products and software documentation, and the terms and conditions herein.

notice of civil/criminal penalties

Introducing or attempting to introduce any electronic information into this database with the intention of altering, deleting or removing information contained herein that is not associated with your company or the company you legally represent is a violation of both state and federal law. Additionally, accessing the information without authorization, or exceeding your level of authorized access to the information, is also a violation of both state and federal law. The above described acts may subject you to civil monetary damages, criminal penalties, or both.