CLARKSTON PLAN SERVICES ONLINE PLANSROOM
Copyright Material And Limited License -
You acknowledge and agree that Materials and Services on this Site and any necessary software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by LCPS, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Materials and Service, or the Software, in whole or in part. Furthermore, except as expressly provided in this Usage Agreement, LCPS does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials, Services and Software.
2. Use Of Site Information -
You may view, download and print the documents and information available on this Site subject to the following conditions:
A. The documents and information may be used solely for your use in preparing cost estimates for those construction projects provided on the Site and/or for your reference during the construction process of the same and for no other purpose.
B. The documents and information may not be disseminated, in any format, to non- members.
C. The documents and information may not be modified or altered in any way.
D. You may not remove any copyright or other proprietary notices contained in the documents and information.
E. LCPS reserves the right to revoke the authorization to view, download and print the documents and information available on this Site at any time, and any such use must be discontinued immediately upon written notice from LCPS.
3. Modifications To Service -
LCPS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that LCPS is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
4. Account, Password And Security -
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify LCPS of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. LCPS cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
5. Termination Of Password, Account Or Use
You agree that LCPS, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site for any reason, including, without limitation, if LCPS believes that you have violated or acted inconsistently with the letter or spirit of the Usage Agreement. LCPS may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Usage Agreement may be effected without prior notice, and acknowledge and agree that LCPS may immediately deactivate your account. Further, you agree that LCPS shall not be liable to you or any third-party for any termination of your access to the Site.
6. Disclaimer Of Warranties -
Your use of the site is at your sole risk. The site is provided on an "as is" and "as available" basis. Efforts have been made to assure the accuracy of the information, but LCPS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The best sources of information for project files are the actual plans and specifications maintained at either LCPS's main office, located at 2117-12th Avenue , Lewiston, Idaho, 83501, or the plan issuer (i.e. architect, engineer, agency, university, general contractor etc.). No advice or information, whether oral or written, obtained by you from LCPS or through or from the service or materials shall create any warranty not expressly stated in the usage agreement.
7. Limitation Of Liability-
I n no event shall LCPS or any of its affiliates or subsidiaries be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, services and functions of the site, even if LCPS is expressly advised of the possibility of such damages.
8. Indemnification -
You agree to indemnify and hold LCPS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Usage Agreement, or your violation of any rights of another.
9. Governing Law And Jurisdiction -
The Usage Agreement and the relationship between you and LCPS are governed by the laws of the State of Washington without regard to its conflict of law provisions. You also agree that this Usage Agreement is entered into between you and LCPS in Spokane, Washington. The failure of LCPS to exercise or enforce any right or provision of the Usage Agreement does not constitute a waiver of such right or provision. If any provision of the Usage Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Usage Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Materials or Service or the Usage Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
I AGREE I DECLINE