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The Agreement was last updated December 2, 2014
All use of the Dodge Data & Analytics Online Web pages and any information and content included therein (the "Dodge Data & Analytics 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 Dodge Data & Analytics 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.
Dodge Data & Analytics reserves the right to change the terms of this Agreement. Changes will be posted on the Dodge Data & Analytics 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 Dodge Data & Analytics Site following the posting of any changes to these terms and conditions constitutes acceptance of those changes by the User.
The Dodge Data & Analytics Site contains two types of content:
1. The "Dodge Data & Analytics Site's Own Content" means information entered into the Dodge Data & Analytics Site by employees and authorized representatives of Dodge Data & Analytics.
2. "Other Content" means any other information entered into the Dodge Data & Analytics Site by Users or other persons.
Use of the Dodge Data & Analytics Site
Dodge Data & Analytics hereby grants you a non-exclusive, non-transferable license to access and use the Dodge Data & Analytics Site for the fees and under the terms described in this Agreement. Only one person at a time may access the Dodge Data & Analytics Site using the User's screen name and password without the prior consent of Dodge Data & Analytics. 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 Dodge Data & Analytics 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 Dodge Data & Analytics 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 Dodge Data & Analytics Site, please contact Erica Montgomery: (800) 494-9051 x142; email: email@example.com for information or instructions. Fees are determined by the extent of use. The User may not disseminate any portion of the Dodge Data & Analytics Site through electronic means, including mail lists or electronic bulletin boards, without the prior consent of Dodge Data & Analytics. Add news from the Dodge Data & Analytics 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@construction.com.
Except as expressly permitted in this Agreement, the Dodge Data & Analytics Site may not be reproduced, transmitted, or distributed without Dodge Data & Analytics's prior written permission. The User may not commingle any portion of the Dodge Data & Analytics Site with any other information and shall not edit, modify, or alter any portion of the Dodge Data & Analytics Site. All of the Dodge Data & Analytics Site's Own Content is either the property of Dodge Data & Analytics, Inc. and its affiliates (collectively, "Dodge Data & Analytics") or is licensed to Dodge Data & Analytics. Dodge Data & Analytics and its licensors retain all proprietary rights to the Dodge Data & Analytics Site's Own Content. The User shall honor all reasonable requests by Dodge Data & Analytics or its affiliates to protect Dodge Data & Analytics' and its licensors' proprietary interests in the Dodge Data & Analytics Site.
In addition, User may not:
1. use the Dodge Data & Analytics 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 Dodge Data & Analytics Site, any data or content found on or accessed through the Dodge Data & Analytics Site, or any other the Dodge Data & Analytics Site information without prior express written consent of Dodge Data & Analytics;
3. obtain or attempt to obtain through any means any materials or information on the Dodge Data & Analytics Site that has not been intentionally made publicly available either by public display on the Dodge Data & Analytics Site or through accessibility by a visible link on the Dodge Data & Analytics Site;
4. violate any measure employed to limit or prevent access to the Dodge Data & Analytics Site or its content;
5. violate the security of the Dodge Data & Analytics Site or attempt to gain unauthorized access to the Dodge Data & Analytics Site, data, materials, information, computer systems or networks connected to any server associated with the Dodge Data & Analytics 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 Dodge Data & Analytics Site, any activities conducted on or through the Dodge Data & Analytics Site or any servers or networks connected to the Dodge Data & Analytics 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 Dodge Data & Analytics Site;
8. take or attempt any action that, in the sole discretion of the Dodge Data & Analytics Site, imposes or may impose an unreasonable or disproportionately large load or burden on the Dodge Data & Analytics Site or the infrastructure of the Dodge Data & Analytics 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 Dodge Data & Analytics Site;
11. use the Dodge Data & Analytics Site to stalk or harass another.
The User's Content
The User grants to Dodge Data & Analytics the non-exclusive right to use all material entered into the Dodge Data & Analytics Site by the User (other than third-party material transmitted through private electronic mail) in any of Dodge Data & Analytics print or electronic publications.
Users entering material into the Dodge Data & Analytics Site are responsible for the content of that material. Dodge Data & Analytics 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 Dodge Data & Analytics Site. However, Dodge Data & Analytics retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content which Dodge Data & Analytics 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 Dodge Data & Analytics Site that:
1. is promotional in nature, including solicitations for funds or business, without the prior written authorization of Dodge Data & Analytics, 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 Dodge Data & Analytics Site, please email us at firstname.lastname@example.org.
The User agrees to indemnify Dodge Data & Analytics from all damages, liabilities, costs, charges and expenses, including reasonable attorneys' fees, which Dodge Data & Analytics 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 Dodge Data & Analytics Site with the use of the User's screen name or password. Dodge Data & Analytics reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Dodge Data & Analytics in which event the User shall have no further obligation to indemnify with respect to that particular matter.
NO WARRANTIES/LIMITATIONS ON LIABILITY
DODGE DATA & ANALYTICS MAKES NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE DODGE DATA & ANALYTICS SITE, THE DODGE DATA & ANALYTICS SITE'S OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE DODGE DATA & ANALYTICS SITE. DODGE DATA & ANALYTICS 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 DODGE DATA & ANALYTICS 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 DODGE DATA & ANALYTICS SITE. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST DODGE DATA & ANALYTICS OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING TO THE USE OF THE DODGE DATA & ANALYTICS SITE SHALL NOT EXCEED $100.
As part of the registration process, you must select a screen name and password and provide Dodge Data & Analytics 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 Dodge Data & Analytics 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.
Dodge Data & Analytics may discontinue or change the Dodge Data & Analytics Site, or its availability to you, at any time.
Fees & Payments
From time to time, Dodge Data & Analytics makes available to its subscribers certain products and services for which it charges a fee, pursuant to the then-current standard form of Dodge Data & Analytics 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 Dodge Data & Analytics Site and supersedes any and all other agreements, oral or in writing, with respect to the Dodge Data & Analytics 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 Dodge Data & Analytics 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.