Web Site and Electronic Data Management System Terms and Conditions of Use
This Website is provided by CityBlue Technologies, LLC and shall be used for informational purposes only. The site contains content such as data, text, photographs, graphics, messages, and other materials ("Content"). CityBlue Technologies, LLC controls and operates its website from the United States of America and makes no representation that this Website is appropriate or available for use in all locations. In the event You do not agree to these terms and conditions, You, your company or agents are required by CityBlue Technologies, LLC not to use the Website, EDS or download Materials from the Website.
This Website and EDS including all Materials present (excluding any applicable third-party materials), is the property of CityBlue Technologies, LLC and is copyrighted and protected by U.S. and international copyright laws. You hereby agree to comply with all copyright laws in Your use of this Website and to prevent any unauthorized copying of Materials. CityBlue Technologies, LLC does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
Except as expressly authorized by CityBlue Technologies, LLC you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software CityBlue Technologies, LLC discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership
CityBlue Technologies, LLC Trademarks both registered and unregistered means all names, marks, brands, logos, designs, trade dress, slogans and other designations CityBlue Technologies, LLC uses in connection with its products and services. You may not remove or alter any Trademarks, or co-brand your own products or material with CityBlue Technologies, LLC Trademarks, without CityBlue Technologies, LLC prior written consent. You agree not to incorporate any CityBlue Technologies, LLC Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for any use.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights. Permission is granted to display, copy, distribute and download Content owned by CityBlue Technologies, LLC on this Website provided that: the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; no reproduction of any part of the site may be sold or distributed for commercial gain, nor shall it be modified or incorporated in any other work, publication or site, whether in hard copy or electronic format, including postings to any other site; such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Section. Upon termination, you must immediately destroy any downloaded and/or printed Content.
In the event that any unapproved entity is found to have downloaded the materials on this website for commercial gain; resale, redistribution, reposting, or any subscription based model, that entity agrees without recourse to pay a minimum fee of $150.00 (one hundred and fifty dollars) per download and an additional fee of $1.00 (one dollar) per drawing download, $1.00 (one dollar) per specification download, $1.00 (one dollar) per addenda download drawing or specification. An invoice detailing the project, quantity, date and time of the downloads and a total of the transaction. The amount due is due immediately upon receipt. Failure to pay within terms will result in the then current late fee and interest fees as set by the corporation
Use of the Website
In consideration of Your use of the Website, You agree to: provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); maintain the security of your password and identification; and accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. You agree that You will not use the Website to: transmit spam, bulk or unsolicited communications or attempt to use any data contained within the EDS or website for commercial gain.
By agreeing to this agreement, you understand that in order to be placed on a plan holders list for any project you must acquire a plan set either electronically using the download button feature or by placing an order for a hard copy set.
We may provide links to third-party Websites, and some of the content appearing to be on this Site is in fact supplied by third parties. CityBlue Technologies, LLC any of its agents or agencies is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CityBlue Technologies, LLC will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You may not create hyperlinks to this Site which portray CityBlue Technologies, LLC in a false or misleading light and You may not use any "framing" or similar techniques to enclose any portion of this Site.
THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The information and materials contained in this site, including text, graphics, links or other items - are provided "as is," "as available" and “with all faults” basis. CityBlue Technologies, LLC does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials. CityBlue Technologies, LLC makes no representations, warranties, conditions or guarantees as to the usefulness, quality, suitability, accuracy or completeness of the website and EDS. CityBlue Technologies, LLC makes no warranty or representation that the website will be uninterrupted, timely or error free. CityBlue Technologies, LLC make no warranty as to the results that may be obtained from use of the site or as to the accuracy, reliability or contents of any information, service or product provided through the site or the EDS. All risk for any damage to your computer system or loss of data resulting from obtaining content from the website or EDS, including any damages resulting from computer viruses, lies with you.
Limitation of Liability and Agreement to Indemnify
In NO event will CityBlue Technologies, LLC be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CityBlue Technologies, LLC or representatives thereof, are advised of the possibility of such damages, losses or expenses. Hyperlinks to other internet resources are at your own risk; the content, accuracy, opinions expressed, and other links provided by these resources are not investigated, verified, monitored, or endorsed by CityBlue Technologies, LLC.
CityBlue Technologies, LLC is not undertaking to perform construction, architectural, engineering, accounting, legal or other professional advice or services. The drawings and plans (the "Plans") offered for sale on this Site are offered by their respective owners or licensees only CityBlue Technologies, LLC PROVIDES THE PLANS WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND DISCLAIMS ANY LIABILITY RELATING TO THE ACCURACY OR INACCURACY, RELIABILITY, OR CONTENTS OF THE PLANS.
The website may contain inaccuracies and typographical and clerical errors. CityBlue Technologies, LLC expressly disclaims any obligation to update this website or any of the materials on this website. CityBlue Technologies, LLC does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. CityBlue Technologies, LLC reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the website. CityBlue Technologies, LLC may make any other changes to the website, the materials and the products, programs, services or prices (if any) described in the website at any time without notice. The information on this site has been included in good faith and is for general purposes only.
Confidentiality of Information
You may obtain direct access via the Website to certain confidential information of CityBlue Technologies, LLC including without limitation technical, contractual, product, program, pricing, marketing and other information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. The title to Confidential Information remains with CityBlue Technologies, LLC. Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or CityBlue Technologies, LLC written request, You must cease use of Confidential Information and return or destroy it.
The delivery of products displayed will only be in the United States. While we make all efforts to ensure that all product information is up-to-date and accurate, prices may be subject to change without notice. CityBlue Technologies, LLC . does not guarantee the accuracy and currency of site information regarding price and availability of products and services. All prices are in US dollars. CityBlue Technologies, LLC has attempted to precisely display the color and other features of products sold by it. Viewing the same however will be dependent on Your monitor settings. We cannot guarantee accuracy of the same.
CityBlue Technologies, LLC will attempt to deliver all the e-mail that is addressed to Your e-mail address. However, the nature of e-mail is such that CityBlue Technologies, LLC cannot guarantee delivery of such e-mail. It is your sole responsibility to maintain registration data, current email address, email accuracy and deliverability of any email to your respective email address.
Modification of Services; Amendment of Terms
CityBlue Technologies, LLC may provide notice to You via email, regular mail, or posting notices or links to notices on the Website and EDS System. CityBlue Technologies, LLC reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or Your use of or access to them, with or without notice. CityBlue Technologies, LLC may also delete, or bar access to or use of, all related Information and files. CityBlue Technologies, LLC will not be liable to You or any third-party for any modification, suspension, or termination of the Services, or loss of related information. CityBlue Technologies, LLC may amend these Terms at any time by posting the amended terms on this Website.
Governing Law; Jurisdiction
These Terms shall be construed according to Illinois state law, without regard to conflicts of laws. Any dispute arising under or relating to these Terms, the Contents, the use of the Site, or products or services purchased using this Site, shall be resolved exclusively by the state and federal courts of the State of Illinois. Your use of the Site constitutes Your consent to the jurisdiction and venue of said courts with respect to any such dispute. In the event any one or more of the provisions contained in this Agreement or any application thereof finally shall be declared by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality or enforceability of the remaining provisions of this Agreement or any application thereof shall not in any way be affected or impaired, except that, in such an event, this Agreement shall be amended in such respects as are necessary to provide the party adversely affected by such declaration with the benefit of its expectation to the maximum extent legally permitted.
These Terms are the entire agreement between You and CityBlue Technologies, LLC relating to the Site or its Contents. Any other agreements between You and CityBlue Technologies, LLC are superseded and have no force or effect