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TERMS AND CONDITIONS (HEREINAFTER REFERRED TO AS THE "TERMS AND CONDITIONS")
OF AECREPRO. COM (HEREINAFTER REFERRED TO AS THE "SITE") SET FORTH BELOW.
These Terms and Conditions were modified last on May 6, 2002. Terms and Conditions 1. General. Centipede Corporation doing business as A-E-C Reprographics, a New York corporation (hereinafter referred to as "A-E-C Repro"), maintains this Site to provide a document reproduction and distribution service. 2. Modification of Terms. A-E-C Repro shall have the right, at any time and without prior notice, to revise these Terms and Conditions with respect to your access to or use of this Site. Such revisions shall be effective immediately upon the posting of the revised Terms and Conditions on this Site. Any access or use of this Site by you after such posting of the revised Terms and Conditions shall constitute and be deemed to be your acceptance to such revised Terms and Conditions. 3. Site Content. The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. A-E-C Repro may change, delete, or update any posted information or materials at any time and without prior notice. 4. Copyrights. a. In providing any copyrighted document to A-E-C Repro for reproduction and/or distribution, you represent to A-E-C Repro that you are the copyright owner of such document or, in the alternative, that you have the express written permission of the copyright owner that A-E-C Repro may reproduce and/or distribute such document. A-E-C Repro has the right to refuse any order for the reproduction and/or distribution of any and all documents. b. In obtaining any documents from A-E-C Repro through your use of this Site, you acknowledge that such documents may contain copyrighted materials owned by the owner, architect, contractor, engineer or others, protected under U.S. Copyright law, Title 17, United States Code and, as such, any reproduction, alteration or reuse of any such documents without the express written permission of the copyright owner may be prohibited by law. c. Further, you acknowledge that any document obtained through your use of this Site may contain errors or may be out of date. Neither the owner, architect, or contractor are obligated to provide corrected or updated documents. Thus, A-E-C Repro has no control over the accuracy of any documents obtained through your use of this Site. 5. Venue Only. This Site is a venue where
owners, architects, contractors and others can post notice in connection with
construction projects, order the reproduction and distribution of documents
to certain parties in connection with construction projects, and/or purchase
documents in connection with construction projects. A-E-C Repro is not involved
in the actual transaction between any owner, architect, contractor or other
party with respect to any construction project for which notices are posted
and/or documents are obtained through this Site, including, but not limited
to, the acceptance of bids from any party in connection with any construction
project. Unless otherwise noted, the trademarks, logos, and service marks used on this Site are owned by A-E-C Repro or third parties that have licensed their use to A-E-C Repro. You may print and download material solely in connection with your use of the services and/or goods provided through this Site. You agree to protect all copyright and other proprietary rights of A-E-C Repro and/or its licensors in materials downloaded from this Site and to comply with reasonable written requests made by A-E-C Repro to protect A-E-C Repro and its licensors' copyright and other proprietary rights in such materials. In downloading materials from this Site, you agree not to change or delete any proprietary notices, trademarks and the like from any materials provided therein. Any other copying, redistribution, publication or retransmission of any material is strictly prohibited without the express written consent of A-E-C Repro. 7. Linked Third Party Sites. Links to other Internet
sites operated by third parties do not constitute sponsorship, endorsement,
or approval by A-E-C Repro of the content, policies, or practices of such linked
sites. Linked sites are not operated, controlled, or maintained by A-E-C Repro
and A-E-C Repro is not responsible for the availability, content, policies, or
practices of linked sites. Links to other sites are provided for your convenience
only, and you access them at your own risk. You agree to pay all charges incurred in connection with your username and password (including any applicable taxes) at the rates in effect when the charges were incurred. A-E-C Repro may change the fees and charges in effect, or add new charges, by posting new fees or additional fees on this Site. In addition, you agree to pay New York sales tax if you are a resident of New York State or you are a corporation doing business in the New York State. All charges incurred in connection with your username and password will be billed either to the user account that you have established with A-E-C Repro or to the credit card that you designate at the time of your purchase. A-E-C Repro SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR USER ACCOUNT OR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU. 9. Privacy Statement. 10. Submissions. Other than the information which is subject to the provisions of Section 9, any communication or material that you transmit to this Site by electronic mail or otherwise, including any questions, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by A-E-C Repro for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, A-E-C Repro is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication. 11. DISCLAIMER OF WARRANTY. A-E-C Repro.com has not reviewed the websites linked to this Site and is not responsible for the contents of any off-site pages or any other websites linked to this Site. A-E-C Repro is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by A-E-C Repro. Your linking to any other off-site page is at your own risk. 12. LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES WILL A-E-C Repro BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THIS SITE OR ANY LINKED SITE OR ITS CONTENTS, OR (II) ANY ERRORS OR INACCURACIES CONTAINED IN ANY INFORMATION POSTED ON THIS SITE AND ANY DOCUMENTS OBTAINED FROM A-E-C Repro THROUGH YOUR USE OF THIS SITE OR ANY LINKED SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF A-E-C Repro IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not allow the limitation of liability for consequential or incidental damages. 13. LIMITATION ON REMEDY. YOU AGREE THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST A-E-C Repro OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE OR DOCUMENTS OBTAINED FROM A-E-C Repro THROUGH YOUR USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID TO A-E-C Repro FOR YOUR USE OF THIS SITE AND FOR THE REPRODUCTION AND DISTRIBUTION OF DOCUMENTS FOR THAT CONSTRUCTION PROJECT. 14. Indemnification. You agree to defend, indemnify, and hold harmless A-E-C Repro and its directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs, including but not limited to attorneys' fees and court costs, arising out of or relating to your breach of these Terms and Conditions or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and Conditions and your use of this Site. 15. Termination. A-E-C Repro shall have the right to terminate this Site, any goods or services offered through this Site, or your right to access or use this Site or obtain any document through use of this Site at any time and without prior notice. In the event that A-E-C Repro terminates this Site prior to the completion of a construction project, A-E-C Repro shall provide to the party who posted such construction project a CD-ROM containing all information related to that construction project at A-E-C Repro's current posted rates based upon the quantity of such project information. 16. Miscellaneous. b. No waiver by A-E-C Repro of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. c. If any provision of these Terms or Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any other provision of the Terms and Conditions. d. A-E-C Repro shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks. e. Access to or use of this Site shall not be construed as A-E-C Repro's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. f. This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York. g. In any matter connected with this Site or these Terms and Conditions, the parties hereto consent exclusively to personal jurisdiction in the United States District Court for the Southern District of New York, or if that court lacks subject matter jurisdiction, in the courts of the State of New York. h. A-E-C Repro may, for its own promotional and advertising purposes, use and publish information about you using this Site. i. You may not assign your rights or obligations under these Terms and Conditions without the prior written consent of A-E-C Repro. j. Your use of this Site does not create any partnership or employer-employee relationship between you and A-E-C Repro. k. These Terms and Conditions are intended only for the relationship between you and A-E-C Repro. No provisions in these Terms and Conditions shall be construed to create any third party beneficiary rights in any third party. |