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The Agreement was last updated April 12, 2011
All use of the McGraw-Hill Construction Online Web pages and any information and content included therein (the "MHC Site") is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button," and using the MHC Site, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" or "User" refer to the person who completed the registration process.
McGraw-Hill Construction ("MHC") reserves the right to change the terms of this Agreement. Changes will be posted on the MHC Site at http://www.construction.com/terms-of-use.asp. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of the MHC Site following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
The MHC Site contains two types of content:
1. The "MHC Site's Own Content" means information entered into the MHC Site by employees and authorized representatives of MHC.
2. "Other Content" means any other information entered into the MHC Site by Users or other persons.
Use of the MHC Site
MHC hereby grants you a non-exclusive, non-transferable license to access and use the MHC Site for the fees and under the terms described in this Agreement. Only one person at a time may access the MHC Site using the User's screen name and password without the prior consent of MHC. The User may, free of charge and on an occasional basis, make up to 10 copies in paper form of an individual article appearing in the MHC Site for non-commercial use provided the User includes all copyright and other proprietary rights notices that appeared on the original and includes a notice indicating that the MHC Site is the source of the material. For all other hard copy uses, or to buy an e-print or a reprint of a specific article or video appearing on the MHC Site, please contact Erica Montgomery: (800) 494-9051 x142; email: firstname.lastname@example.org for information or instructions. Fees are determined by the extent of use. The User may not disseminate any portion of the MHC Site through electronic means, including mail lists or electronic bulletin boards, without the prior consent of MHC. Add news from the MHC Site to your Web site for FREE with our headline feed by visiting http://construction.com/NewsCenter/RSS/default.asp. Obtain consent for special arrangements regarding electronic distribution by contacting Scott Lewis: (212) 904-3507; email: Scott_Lewis@mcgraw-hill.com.
Except as expressly permitted in this Agreement, the MHC Site may not be reproduced, transmitted, or distributed without MHC's prior written permission. The User may not commingle any portion of the MHC Site with any other information and shall not edit, modify, or alter any portion of the MHC Site. All of the MHC Site's Own Content is either the property of The McGraw-Hill Companies, Inc. and its affiliates (collectively, "McGraw-Hill") or is licensed to McGraw-Hill. McGraw-Hill and its licensors retain all proprietary rights to the MHC Site's Own Content. The User shall honor all reasonable requests by MHC or its affiliates to protect McGraw-Hill's and its licensors' proprietary interests in the MHC Site.
In addition, User may not:
1. use the MHC Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
2. use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the MHC Site, any data or content found on or accessed through the MHC Site, or any other the MHC Site information without prior express written consent of MHC;
3. obtain or attempt to obtain through any means any materials or information on the MHC Site that has not been intentionally made publicly available either by public display on the MHC Site or through accessibility by a visible link on the MHC Site;
4. violate any measure employed to limit or prevent access to the MHC Site or its content;
5. violate the security of the MHC Site or attempt to gain unauthorized access to the MHC Site, data, materials, information, computer systems or networks connected to any server associated with the MHC Site, through hacking, password mining or any other means;
6. impersonate any person or entity, or falsely state or otherwise represent an affiliation with a person or entity;
7. interfere with, attempt to interfere with or otherwise disrupt the proper working of the MHC Site, any activities conducted on or through the MHC Site or any servers or networks connected to the MHC Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the MHC Site;
8. take or attempt any action that, in the sole discretion of the MHC Site, imposes or may impose an unreasonable or disproportionately large load or burden on the MHC Site or the infrastructure of the MHC Site.
9. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Other Content;
10. disobey any requirements, procedures, policies or regulations of networks connected to the MHC Site;
11. use the MHC Site to stalk or harass another.
The User's Content
The User grants to McGraw-Hill the non-exclusive right to use all material entered into the MHC Site by the User (other than third-party material transmitted through private electronic mail) in any of McGraw-Hill's print or electronic publications.
Users entering material into the MHC Site are responsible for the content of that material. McGraw-Hill has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the MHC Site. However, MHC retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which MHC deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate.
You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through the MHC Site that:
1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of MHC, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
2. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
3. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
4. infringes or violates any patent, trademark, trade secret, copyright or other proprietary rights of any party;
5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
6. is harmful to minors.
If you see any violations of these terms and conditions on the MHC Site, please email us at email@example.com.
The User agrees to indemnify McGraw-Hill from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which McGraw-Hill and its employees and authorized representatives may incur as a result of either: (i) the User's breach of this Agreement; or (ii) material entered into the MHC Site with the use of the User's screen name or password. MHC reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify McGraw-Hill in which event the User shall have no further obligation to indemnify with respect to that particular matter.
NO WARRANTIES/LIMITATIONS ON LIABILITY
McGRAW-HILL MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE MHC SITE, THE MHC SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE MHC SITE. McGRAW-HILL SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL McGRAW-HILL OR ANY OF ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE MHC SITE. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST McGRAW-HILL OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF THE MHC SITE SHALL NOT EXCEED $100.
As part of the registration process, you must select a screen name and password and provide MHC with accurate, complete, and updated information. Failure to do so constitutes a breach of this Agreement, which may result in immediate termination of the User's access.
Term and Termination
This Agreement will continue until terminated by either MHC or you. The Agreement can be terminated by either party by notifying the other party by telephone or electronic mail of the decision to terminate.
MHC may discontinue or change the MHC Site, or its availability to you, at any time.
Fees & Payments
From time to time, MHC makes available to its subscribers certain products and services for which it charges a fee, pursuant to the then-current standard form of McGraw-Hill Construction Master Agreement ("Master Agreement"). The provision and use of such products and services shall be subject to and governed by the Master Agreement.
This Agreement, together with the Master Agreement (if applicable), constitutes the entire agreement between the parties relating to the MHC Site and supersedes any and all other agreements, oral or in writing, with respect to the MHC Site. In the event of a conflict between the terms and conditions of this Agreement and those of the Master Agreement, the terms and conditions of the Master Agreement shall govern and control. The failure of MHC to insist upon strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and New York State, as if the Agreement was a contract wholly entered into and wholly performed within New York State.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.