AGREEMENT BETWEEN USER AND STRUCTURAL TECHNOLOGIES
The STRUCTURAL TECHNOLOGIES Web Sites are comprised of various Web pages operated by STRUCTURAL TECHNOLOGIES and its affiliated companies.
The STRUCTURAL TECHNOLOGIES Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the STRUCTURAL TECHNOLOGIES Web Sites constitutes your agreement to all such terms, conditions, and notices.
STRUCTURAL TECHNOLOGIES reserves the right to change the terms, conditions, and notices under which the STRUCTURAL TECHNOLOGIES Web Sites are offered, including but not limited to the charges associated with the use of the STRUCTURAL TECHNOLOGIES Web Sites.
LINKS TO THIRD PARTY SITES
The STRUCTURAL TECHNOLOGIES Web Sites may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of STRUCTURAL TECHNOLOGIES and STRUCTURAL TECHNOLOGIES is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. STRUCTURAL TECHNOLOGIES is not responsible for webcasting or any other form of transmission received from any Linked Site. STRUCTURAL TECHNOLOGIES is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by STRUCTURAL TECHNOLOGIES of the sites or any association with their operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the STRUCTURAL TECHNOLOGIES Web Sites, you warrant to STRUCTURAL TECHNOLOGIES that you will not use the STRUCTURAL TECHNOLOGIES Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the STRUCTURAL TECHNOLOGIES Web Sites in any manner which could damage, disable, overburden, or impair the STRUCTURAL TECHNOLOGIES Web Sites or interfere with any other party’s use and enjoyment of the STRUCTURAL TECHNOLOGIES Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the STRUCTURAL TECHNOLOGIES Web Sites.
USE OF COMMUNICATION SERVICES
The STRUCTURAL TECHNOLOGIES Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
STRUCTURAL TECHNOLOGIES has no obligation to monitor the Communication Services. However, STRUCTURAL TECHNOLOGIES reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. STRUCTURAL TECHNOLOGIES reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
STRUCTURAL TECHNOLOGIES reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in STRUCTURAL TECHNOLOGIES’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. STRUCTURAL TECHNOLOGIES does not control or endorse the content, messages or information found in any Communication Service and, therefore, STRUCTURAL TECHNOLOGIES specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized STRUCTURAL TECHNOLOGIES spokespersons, and their views do not necessarily reflect those of STRUCTURAL TECHNOLOGIES.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO STRUCTURAL TECHNOLOGIES OR POSTED AT ANY STRUCTURAL TECHNOLOGIES WEB SITE
STRUCTURAL TECHNOLOGIES does not claim ownership of the materials you provide to STRUCTURAL TECHNOLOGIES (including, without limitation feedback, suggestions, documents, drawings or images) or post, upload, input or submit to any STRUCTURAL TECHNOLOGIES Web Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting STRUCTURAL TECHNOLOGIES and necessary sublicensees a worldwide, non-exclusive, royalty-free, perpetual, sublicenseable and transferable license to use your Submission in connection with the Web Site and the operation of their businesses in any media formats and through any media channels. This license includes, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to prepare derivative works based on your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. STRUCTURAL TECHNOLOGIES is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in STRUCTURAL TECHNOLOGIES’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will not violate or attempt to violate the security of the Web Sites, use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Sites, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You will not give your password to anyone, use the Web Sites as the agent of a third party, or allow any third party to use your account. If any security breach or unauthorized use of your account occurs, you will notify STRUCTURAL TECHNOLOGIES immediately in writing or via email. You are solely responsible for maintaining the confidentiality of your username and password and are responsible for any unauthorized use.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE STRUCTURAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STRUCTURAL TECHNOLOGIES AND /OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND /OR CHANGES IN THE STRUCTURAL WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE STRUCTURAL TECHNOLOGIES WEB SITE SHOULD NOT BE RELIED UPON FOR BUSINESS, PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
STRUCTURAL TECHNOLOGIES AND /OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE STRUCTURAL TECHNOLOGIES WEB SITES FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND . STRUCTURAL TECHNOLOGIES AND /OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
You agree to indemnify and hold harmless STRUCTURAL TECHNOLOGIES, its officers, directors and employees from any claims, losses, liability costs and expenses (including, but not limited to attorneys’ fees) arising from your violation of this agreement, state or federal laws or regulations or any third party rights, including, but not limited to, claims of copyright infringement, defamation, harassment, invasion of privacy or fraud.
STRUCTURAL TECHNOLOGIES reserves the right, in its sole discretion, to terminate your access to the STRUCTURAL TECHNOLOGIES Web Sites and the related services or any portion thereof at any time, without notice. Upon termination, your username and password will be immediately deactivated.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Maryland, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of state and federal courts located in the State of Maryland in all disputes arising out of or relating to the use of the STRUCTURAL TECHNOLOGIES Web Sites. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and STRUCTURAL TECHNOLOGIES may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights. Use of the STRUCTURAL TECHNOLOGIES Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and STRUCTURAL TECHNOLOGIES as a result of this agreement or use of the STRUCTURAL TECHNOLOGIES Web Sites. STRUCTURAL TECHNOLOGIES’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of STRUCTURAL TECHNOLOGIES’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the STRUCTURAL TECHNOLOGIES Web Sites or information provided to or gathered by STRUCTURAL TECHNOLOGIES with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and STRUCTURAL TECHNOLOGIES with respect to the STRUCTURAL TECHNOLOGIES Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and STRUCTURAL TECHNOLOGIES with respect to the STRUCTURAL TECHNOLOGIES Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
NO EFFECT ON AGREEMENTS
The information provided on the Web Site is for general informational purposes only, and nothing on our Site shall be construed to add or modify terms to any existing or future agreements with STRUCTURAL TECHNOLOGIES.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the STRUCTURAL TECHNOLOGIES Web Sites are: Copyright STRUCTURAL TECHNOLOGIES and/or its suppliers. All rights reserved.
You agree not to copy, reproduce, download, disseminate, publish, or transfer content from the STRUCTURAL TECHNOLOGIES Web Sites in any form or by any means, except as expressly permitted on this Site or with our prior written permission. Any unauthorized use is strictly prohibited.
The STRUCTURAL TECHNOLOGIES, STRUCTURAL, STRUCTURAL TECHNOLOGIES, PULLMAN and their logos, among others, are service marks of STRUCTURAL TECHNOLOGIES. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. References on our Web Site to any specific product, service or business by name, trademark, service mark, or otherwise does not constitute or imply endorsement, recommendation, or favoring by STRUCTURAL TECHNOLOGIES. Moreover, these third parties do not endorse, sponsor, and are not affiliated with the STRUCTURAL TECHNOLOGIES.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. If you believe that your work has been copied in a manner that constitutes copyright infringement, you must provide our copyright agent, designated below, with the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) a description of the copyrighted work that you allege has been infringed;
(c) a description of the allegedly infringing material that is to be removed or disabled and the location of such material;
(d) your contact information, including your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.
Such notice should be sent to Chief Marketing Officer
(a) by mail, 10150 Old Columbia Road, Columbia, MD 21046 or
(b) by facsimile, to 410-850-4111
To ensure that your notice is not caught in our spam filter, please do not send your notice via email, unless you have made prior arrangements with us.
Note: Only claims of copyright infringement should go to the Copyright Agent. Other communications sent to the Copyright Agent will be ignored. Any other feedback, comments, requests for technical support, and other communications should be directed to: email@example.com