Currently, you will be able to access all portions of this website (other than vendor-only pages) by using a master user name and password. In the near future, we will be requiring users to register with the site, and will limit access to certain webpages to registered users only. By using the master user name and password or, when available, by registering as a user, you accept and agree to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not register for or use SurveyorCentral.com.
Site Access And Responsibility For Use: Currently, you will be able to use all public pages of the SurveyorCentral.com website; however, in the near future we will restrict full use of the website to registered users; at that time you may register with us by completing an online registration form, which will include your submission of certain personal information. Although all webpages available to users are currently provided at no charge, we retain the right to charge users for use of various portions of this website in the future. You will not be charged for use of this website until we receive your assent to such charges; however, your use of the website may be limited should you choose not to pay for access to certain portions of the website.
The person and/or entity that is directly bound by these Terms & Conditions is the one identified as the Registrant on the registration form. Any person who completes registration on behalf of an entity must have, and by completing the form represents that he or she does have, authority to bind the organization to these Terms & Conditions.
Prohibited Uses: No party may use the SurveyorCentral.com website for anything other than a lawful and legitimate business purpose. Certain prohibited uses of the Message Boards and Ask the Expert portions of our community webpages are set forth later in these Terms & Conditions and incorporated herein by reference. Any party that engages in a prohibited use of this website may have its registration revoked and may be barred from any future use of the site. Any content introduced to the site as a result of or which constitutes an impermissible use, as determined in the sole discretion of SurveyorCentral.com or its agents, may be removed from the site. Parties that engage in a prohibited use of the site will be liable to SurveyorCentral.com and its agents for damages they may incur as a result, including but not limited to reasonable attorneys' fees incurred as a result of such prohibited use and as necessary to enforce SurveyorCentral.com's rights under this provision.
Purchases: Disclaimer of Endorsement: This Internet site contains hypertext links to information created and maintained by other public and private organizations. These links are provided for your convenience. SurveyorCentral.com does not control or guarantee the accuracy, relevance, timeliness or completeness of this outside information. Further, the inclusion of links to particular items in hypertext are not intended to reflect their importance, nor are they intended to endorse any views expressed or products or service offered on these outside sites, or the organizations sponsoring the sites.
Rules Regarding Community: SurveyorCentral.com currently has two bulletin boards, Message Boards and Ask the Experts. The following conduct constitutes prohibited use of these bulletin boards and any future bulletin boards which may be offered by SurveyorCentral.com:
- harassing, threatening, embarrassing or causing distress or discomfort upon another person or entity;
- transmitting via SurveyorCentral.com bulletin boards any information, data, text, files, links, software, communication or other materials ("Content") that SurveyorCentral.com or its agents considers to be false, fraudulent, lewd, pornographic, violent, insulting, threatening, malicious, unlawful, harmful, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise offensive or objectionable, or any material that is irrelevant to a legitimate use of the site;
- impersonating any person, including but not limited to a bulletin board leader, guide or host;
- posting or transmitting any unsolicited advertising, promotional materials, or any other forms of solicitation in SurveyorCentral.com bulletin boards;
- introducing viruses, worms or other programming routines that are intended to disrupt or interfere with the intended operation of the SurveyorCentral.com site;
- inserting links to other sites of whatever character;
- intentionally or unintentionally violating any applicable local, state, national or international law, including but not limited to any regulations having the force of law, while using or accessing SurveyorCentral.com bulletin boards or in connection with your use of SurveyorCentral.com bulletin boards, in any manner;
- promoting any unlawful activity or purpose, including any activity that could give rise to criminal or civil liability;
- altering any data or information supplied by another user of the site unless authorized to do so by the user;
- invading the privacy or violating any personal or proprietary right of any person or entity;
- infringing the intellectual property rights or similar rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any person or entity; and
- attempting to buy, sell, trade or list property or services through SurveyorCentral.com bulletin boards.
It is your responsibility to evaluate, and you will bear the risk associated with reliance upon, the accuracy, completeness or usefulness of any information posted on the bulletin boards of this website. The comments and advice posted in SurveyorCentral.com's bulletin boards are for informational purposes only and are not intended to replace consultation with a member of the land surveying industry. Bulletin board postings do not necessarily represent the professional advice or opinions of SurveyorCentral.com staff or agents. The results of the actions you take based on the advice you find in our community are your responsibility. We are not responsible for any mishaps that occur as a result of your reliance upon information posted on the bulletin boards of this website. SurveyorCentral.com shall have the right, but not the responsibility, to remove content that is deemed, in SurveyorCentral.com's or its agent's sole discretion, to be harmful, offensive, or otherwise in violation of these Rules and Terms & Conditions. SurveyorCentral.com may elect at its sole discretion to monitor some, all, or no areas of SurveyorCentral.com's bulletin boards for adherence to these Rules and Terms & Conditions.
By using this website and/or posting materials, you agree to indemnify SurveyorCentral.com, its officers, directors, employees, successors, assigns, agents, distributors, and affiliates and hold each of them harmless for any and all claims, damages, losses, and causes of action (including attorneys' fees) arising out of or relating to your breach or alleged breach of these Terms & Conditions or for any content that is provided by you or through your user I.D. and/or password. You agree to cooperate as fully and reasonably required by SurveyorCentral.com in the defense of any action described above. SurveyorCentral.com reserves the right to assume the exclusive defense and control of any action subject to indemnification by you.
Copyright And Trademark Notices: The entire content of this website is copyrighted by SurveyorCentral.com, unless otherwise noted. Copyrighted material of others is used only with their express permission. You may not reproduce, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any materials from this website without the prior written permission of SurveyorCentral.com. However, you may download or make one copy of the materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the materials are left intact. Any modification of the materials, or any portion thereof, or use of the materials for any other purpose constitutes an infringement of SurveyorCentral.com's copyrights and other proprietary rights. Use of these materials on any other website or other networked computer environment is prohibited without prior written permission from SurveyorCentral.com.
By submitting material to SurveyorCentral.com bulletin boards, a participant asserts that the material is his or her own, is licensed to be uploaded and downloaded by other participants in accordance with these Terms & Conditions, is in the public domain, and is free of copyright or other restrictions.
Trademarks and service marks of SurveyorCentral.com or any of its affiliates or other entities may not be used without the permission of the owner of such marks, except as provided by law.
All title to, ownership of and rights in any of the software used to operate the SurveyorCentral.com site, including any enhancements, improvements, additions to or works derived therefrom, do and shall belong to SurveyorCentral.com or any of its affiliates, unless specifically provided otherwise in a written agreement to which SurveyorCentral.com or any of its affiliates are a party.
Down Time: SurveyorCentral.com and its affiliates take all commercially reasonable measures to ensure that this website is available without interruption, except for any scheduled down time needed to help maintain effective operation of the site. However, difficulties with hardware, software and equipment and services supplied by others may result in service interruptions. In such cases, SurveyorCentral.com will take those measures that it deems reasonable to accommodate the interests of its users. In no event will SurveyorCentral.com or any of its affiliates be liable to any party for any loss, cost or damage that results from any period of down time suffered by the SurveyorCentral.com website.
International Transactions. Sales of certain products or services on this website to persons residing outside of the United States of America may be prohibited by Federal law; each user hereby covenants and warrants that the sale of goods or services by SurveyorCentral.com or a third party vendor to the user does not violate the laws of the United States of America, and agrees to indemnify SurveyorCentral.com and any applicable third party vendor and hold them harmless from any fines that may be imposed or damages that may be incurred (including attorneys' fees) as a result of any unlawful sale. Further, to the extent SurveyorCentral.com or any third party vendor learns of an illegal sale or transaction, each of them retains the right to cancel the transaction prior to its consummation.
THIS WEBSITE CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. SURVEYORCENTRAL.COM DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK. THE MATERIALS ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SURVEYORCENTRAL.COM MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY MATERIALS ON THE WEBSITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
NEITHER SURVEYORCENTRAL.COM, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, DISTRIBUTORS OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL, OR PUNITIVE), LIABILITY, CLAIM, OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THIS WEBSITE.
Modifications: These Terms & Conditions may be modified only by SurveyorCentral.com at any time, without notice, and any such modification shall be effective immediately upon posting. By accessing and using this website, you agree to periodically review these Terms & Conditions and be bound by any modifications or amendments to these Terms & Conditions. If you do not agree to any changes in these Terms & Conditions as they may occur, please arrange to terminate your registration with SurveyorCentral.com immediately (i) by notifying SurveyorCentral.com of your unwillingness to accept the changes to the Terms & Conditions; and (ii) by discontinuing your use of SurveyorCentral.com. Your continued use of SurveyorCentral.com will signify your acceptance of any change in the Terms & Conditions set forth herein.
Governing Law: This website is controlled by SurveyorCentral.com from its headquarters in Charleston, West Virginia. These Terms & Conditions shall be governed, construed, and enforced in accordance with the laws of the State of West Virginia, excluding its conflict of laws provisions. By using this website, you consent to the jurisdiction and venue of any of the state and federal courts located in Charleston, West Virginia, and agree to waive any defenses based on venue, the inconvenience of the forum, the lack of personal jurisdiction, and the adequacy of service of process in any suit or action brought in accordance with this section.
No waiver: SurveyorCentral.com's failure to exercise or enforce any of its rights under these Terms & Conditions will not constitute a waiver of such right in any single or future instance.
Integration: As regards the subject matter hereof, these Terms & Conditions constitute the entire agreement between SurveyorCentral.com and any and all of its users, and supersede any control over any prior or contemporaneous oral, written or electronic communications and proposals.
Severability: If any of the terms or conditions set forth herein are deemed invalid by a court of competent jurisdiction, the remaining terms shall remain in full force and effect in that jurisdiction and the terms invalidated by said court shall be enforced in that jurisdiction to the extent permissible by law.
Notices: Any notice required to be delivered under these Terms & Conditions shall be delivered via e-mail. For notice to the registered user, the e-mail shall be directed to the e-mail address of the most current registration information. Notices directed to SurveyorCentral.com shall be directed to: SurveyorCentral.com, Attention: Customer Service, 108 1/2 Capitol Street, Suite 300, Charleston, West Virginia 25301.
User Representations: User represents and warrants that (a) it will not use the Asera eService in any manner which is in violation of any law or governmental regulations; (b) the User data will not violate or infringe the rights of others including, without limitation, any patent, copyright, trademark, trade dress, trade secret, privacy; and (c) the User data will not violate or infringe the rights of others including, without limitation, any privacy right, right of publicity or any other right of any person or entity or contain any material which is unlawful, hateful, obscene, libelous, threatening or defamatory.
Indemnification by User: User will defend and hold SurveyorCentral.com and its licensors harmless from claims of third parties arising from User's use of the Asera eService, excluding (i) claims of infringement of the Asera eService; and (ii) claims for bodily injury or damages to tangible personal property proximately caused by SurveyorCentral.com's negligence or misconduct.
THE SERVICE IS PROVIDED "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW WITH RESPECT TO THE SERVICE, AND ANY THIRD PARTY PRODUCTS OR SERVICES CUSTOMER LICENSES OR DISTRIBUTES THROUGH THIS SERVICE.
Limitation of Liability: IN NO EVENT WILL SURVEYORCENTRAL.COM OR ITS SUPPLIERS BE LIABLE FOR ANY BUSINESS INTERRUPTION, OR LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THIS SERVICE OR THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SURVEYORCENTRAL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SURVEYORCENTRAL.COM'S OR ITS SUPPLIERS' LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $100. Some states do not allow the exclusion of incidental or consequential damages, and therefore certain provisions of this Sections may not apply to users located in those states.