PLAN HOUSE Enterprises LLP,
WEBSITE TERMS OF USE AGREEMENT
Between User and Plan House Enterprises, LLP
Plan House Enterprises, LLP utilizes various Websites and Web Pages operated by or for Plan House Enterprises, LLP. This Terms of Use Agreement (“Agreement”) is between Plan House Enterprises LLP (“PLAN HOUSE”) and you (which may be identified in this agreement as “you,” “your,” or “User”). By accepting this Agreement you are accepting its terms on behalf of both you personally and any entity for which you are an agent or appear to represent as indicated by the information you provide in registering with the PLAN HOUSE network of websites or affiliate websites managed by PLAN HOUSE, (“Website”). The terms “you,” “your,” and “User” shall include both you personally and any such entities.
1. AGREEMENT
This Agreement, in addition to any other terms and conditions or other agreements PLAN HOUSE presents to you in writing as a part of using its PLAN HOUSE Plan Room Network Website and the electronic bid submission portal, collectively contain the terms and conditions that govern your use of the Website and any other PLAN HOUSE website (the “Terms of Use”) on which these Terms of Use are referenced, linked or appear. By clicking the “I Agree” or similar button manifesting your intent to agree to this Agreement and these Terms of Use or by accessing, visiting, browsing, using, or attempting to interact with any part of the Website, or other PLAN HOUSE Software, services, or websites (collectively “services”), You agree that you have read, understand, and agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access, or use any part of this Website. PLAN HOUSE reserves the right from time to time, with or without notice to you, to make changes to this Agreement in PLAN HOUSE’s sole discretion. Continued use of any or part of this Website constitutes your acceptance of those changes. All notices regarding this Website and any products or services provided in connection with the website will be sent to you using the email address you provide to PLAN HOUSE when registering to use the Website. It is your sole responsibility to submit an accurate email address for all communications, maintain the email account associated with the email address you provide, and ensure that all PLAN HOUSE communications are unfiltered and unblocked so that they may be received by you without restriction. PLAN HOUSE is not responsible for any communications sent by PLAN HOUSE which you do not receive.
2. PROPRIETARY RIGHTS
PLAN HOUSE graphics, logos, designs, websites, page headers, button icons, scripts, names, and branding are trademarks, service marks, or trade dress of PLAN HOUSE (“PLAN HOUSE Marks”). PLAN HOUSE Marks may not be used, including, without limitation, as part of trademarks or domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PLAN HOUSE. PLAN HOUSE or its licensors own and retain all proprietary rights in this Website and all content, material, and information posted, uploaded, transmitted, or otherwise shared by PLAN HOUSE thereon (collectively, “Content”). This Website contains the copyrighted material, trademarks, and other proprietary information of PLAN HOUSE and its licensors. You may use the Content (other than the PLAN HOUSE Marks) only in connection with your participation in PLAN HOUSE events as described in this Agreement, but you may not alter, modify, publish, distribute, publicly display, or sell any Content or other such proprietary information, or otherwise copy, transmit or use any Content or other such proprietary information, without the express, prior written permission of PLAN HOUSE.
3. ACCESS TO WEBSITE(S)
To obtain a license to access this Website or the Services, you may be asked to provide registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website be correct, current, and complete. If PLAN HOUSE believes the information you provide is not correct, current, or complete, PLAN HOUSE has the right (but not the duty) to refuse you access to this Website or any of its Services, and to terminate or suspend your access at any time. Your license to access and use this Website is nonexclusive, nontransferable, and limited to the terms and conditions of this Agreement. You may only use this Website for your own internal business purposes. You may not: (a) modify, translate, decompile, disassemble, or reverse engineer the website; (b) create derivative versions of any part of the Website; or (c) rent, transfer, resell, license, distribute or grant any rights in the Website in any form.
4. THIRD PARTY SITES
As a convenience to you, PLAN HOUSE may provide links to third-party websites (“Third Party Sites”), as well as content, information, images, photographs, pictures, and materials (including, without limitation, text, graphics, designs, music, sound, video, information, and software) belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by PLAN HOUSE, and PLAN HOUSE is not responsible for any Third Party Sites accessed through this Website, or any Third Party Content posted, uploaded, transmitted or otherwise shared on this Website, including, without limitation, the content, accuracy, offensiveness, opinions, reliability, or policies of or contained in the Third Party Sites. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by PLAN HOUSE. If you decide to leave any PLAN HOUSE Website and access a Third Party Site, you do so at your own risk, and your access and use of such Third Party Sites will be subject to the terms and conditions of such Third Party Sites. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website. It is your responsibility to take all protective measures to guard against viruses or other destructive elements that you may encounter on Third Party Sites or through Third Party Content. Links do not imply that either PLAN HOUSE or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through any linked Third Party Sites or Third Party Content, or that any Third Party Site is authorized to use any trademark, trade name, logo, or copyright symbol of PLAN HOUSE or any of its affiliates or subsidiaries.
5. INTERNATIONAL USERS AND CHOICE OF LAW
This Website is controlled, operated, and administered by PLAN HOUSE from its offices within the United States of America. PLAN HOUSE makes no representation that materials at this Website are appropriate or available for use at other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the materials located thereon in violation of U.S. export laws and regulations. If you access this Website from locations outside of the United States, you are responsible for compliance with all applicable local laws. These Terms of Use shall be governed by the laws of the State of Mississippi, without giving effect to its conflict of law provisions. This Agreement (together with the Purchase Terms and Conditions) constitutes the entire agreement between PLAN HOUSE and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
6. PRICING AND PAYMENT
There is no subscription fee to access this Website. PLAN HOUSE may provide you with additional products and services for a fee that is determined and may be changed from time to time in the sole discretion of PLAN HOUSE. Pricing and payment information will be displayed to you on this Website at the point of purchase or at such other times and through such methods as are appropriate for a given transaction. You agree to make payment according to those terms as presented to you by PLAN HOUSE.
7. SUBMITTING FILES
The owner of the content submitted to PLAN HOUSE is responsible for all such content. All files should be checked for accuracy at the time of submittal. The types of files submitted to PLAN HOUSE must be approved by the applicable agency accepting the files prior to submittal. Any uploaded PDF forms must be flattened prior to being uploaded to PLAN HOUSE in order to ensure that the file can be properly viewed on all types of devices, and also to prevent others from having the ability to manipulate or edit the information. It is the sole responsibility of the individual submitting files to ensure that the files can be opened and read and that they are submitted in a format that cannot be manipulated or edited. PLAN HOUSE takes no responsibility for any inaccessible or corrupt files which are submitted.
You grant to PLAN HOUSE the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to PLAN HOUSE through this Website (together, the “Submission”), for the purposes set forth in the Website including without limitation the display and transmission of project and bid information. Without limitation, PLAN HOUSE has the right to distribute lists of plan holders who have viewed, ordered, or downloaded materials related to a project to anyone including, without limitation, owners, agents of the owners, and other plan holders.
8. DISCLAIMERS
Your use of this Website is at your own risk. The materials on this Website may contain inaccuracies and typographical errors. PLAN HOUSE 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 this Website. You acknowledge and agree that any reliance on any such opinion, advice, statement, memorandum, or other information shall be at your sole risk, and that PLAN HOUSE is not responsible, and shall have no liability for any incorrect or inaccurate content posted on this Website. PLAN HOUSE shall not be liable for any cost or expense you may incur in connection with this Website, the PLAN HOUSE Services, or your participation in any PLAN HOUSE bid event. PLAN HOUSE reserves the right, in its sole discretion to correct any errors or omissions in any portion of this Website. PLAN HOUSE may make any other changes to this Website, the PLAN HOUSE Services, or any of the materials, products, programs, or prices described in this Website at any time and without notice.
This Website, the information and materials on this Website, and the software made available on this Website ARE PROVIDED TO YOU "AS IS." PLAN HOUSE DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE SITES AND ANY MATERIAL OR CONTENT UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED BY YOU, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PLAN HOUSE FURTHER DISCLAIMS ANY WARRANTIES CONCERNING WHETHER THE WEBSITE OR SERVICES OPERATE PROPERLY OR IN CONJUNCTION WITH YOUR NETWORK AND/OR ANY HARDWARE OR SOFTWARE, OR OTHER REQUIREMENTS YOU MAY HAVE. PLAN HOUSE FURTHER DISCLAIMS ANY WARRANTY THAT THE WEBSITE WILL OPERATE ERROR-FREE OR ON AN UNINTERRUPTED BASIS. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY. PLAN HOUSE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
PLAN HOUSE SHALL HAVE NO LIABILITY OR OBLIGATION IN EITHER CONTRACT OR TORT, FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCURRED BY YOU, SUCH AS, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF ANTICIPATED PROFITS, LOST DATA OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ECONOMIC LOSSES OF ANY KIND, ARISING OUT OF THE DOWNLOAD, INSTALLATION AND/OR USE OF THE WEBSITE, CONTENT ON THE WEBSITE OR ACCESSIBLE THROUGH THE WEBSITE, THE ACTS OR OMISSIONS OF ANY THIRD PARTY, OR FOR ANY CONTENT PROVIDED BY ANY THIRD PARTY, IRRESPECTIVE OF WHETHER PLAN HOUSE HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER OR NOT CAUSED BY PLAN HOUSE'S NEGLIGENCE, TO THE FULL EXTENT SAME MAY BE DISCLAIMED BY LAW. SOME STATES DO NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION MAY NOT APPLY. PLAN HOUSE MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
With respect to this Website, the PLAN HOUSE Services and any PLAN HOUSE event, PLAN HOUSE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of, any communications or information submitted by Users. Under no circumstances will PLAN HOUSE be responsible for any loss or damage resulting from any use of this Website or participation in a PLAN HOUSE event, including without limitation any content posted, uploaded, submitted, transmitted, or otherwise shared on this Website or any interactions between any users of the PLAN HOUSE Website, whether online of offline. PLAN HOUSE does not represent, warrant, covenant, guarantee or promise any specific results from the use of this Website, the PLAN HOUSE Services or participation in any PLAN HOUSE event.
You understand that PLAN HOUSE cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Website for the reconstruction of any lost data. PLAN HOUSE does not assume any responsibility or risk for your use of the Internet.
All Content that is submitted by others and available on the Website is the sole responsibility of
the person or entity that submitted that information. PLAN HOUSE does not control and is not liable in any way for anything in relation to that content, including without limitation for the accuracy, completeness, non-infringement, or timeliness of any such content. PLAN HOUSE makes no representation and disclaims all liability related to the ability of the bid providers to perform according to their bids, or the ability of those soliciting bids to pay for the products and services requested. You are solely responsible for all interactions you (and anyone using your username or account) have with the users of the Services. If you have a dispute with one or more users of the Services, you hereby agree to release, indemnify and hold harmless PLAN HOUSE and its subsidiaries, affiliates, service providers, employees, agents, officers, and directors from any and all claims, demands, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with those disputes.
9. CHANGES
PLAN HOUSE reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Website after any changes to this Agreement are posted will be considered acceptance of those changes. The most current version of this Agreement, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” link located on the PLAN HOUSE Website and/or affiliate websites. PLAN HOUSE may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features of the Website, at any time. PLAN HOUSE may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. PLAN HOUSE may terminate the authorization, rights and license given above and, upon such termination, you shall immediately cease use of the Website and destroy all materials downloaded, printed or otherwise obtained from your use of the Website.
10. NON-REPUDIATION
By accepting these Terms of Use and using the Website or PLAN HOUSE Services, you represent to PLAN HOUSE and to parties relying on your use of the Website or PLAN HOUSE Services, that you will use the PLAN HOUSE Services only for authorized and legal purposes and will provide accurate and complete information to PLAN HOUSE.
The information collected by PLAN HOUSE throughout the Registration process contributes to the PLAN HOUSE Non-Repudiation process and policies. PLAN HOUSE utilizes the information submitted to authenticate your identification and the identification of other PLAN HOUSE Users. PLAN HOUSE authenticates this information electronically as well as through human fact checking efforts. Additionally, PLAN HOUSE utilizes electronic tracking software to record and store each Users movements within the PLAN HOUSE Website. This tracking process ensures that PLAN HOUSE can link our Users’ movements, their IP address and their public private key pair to the actions taken by the PLAN HOUSE Users. By clicking the "I Agree" button, Users agree that this technology is sufficient to assure Non-Repudiation of all actions, bids, messages, communications, etc. associated with the username registered to such User.
11. INFORMATION VERIFICATION
Each User agrees that by clicking the "I Agree" button that the User is providing WRITTEN CONSENT for PLAN HOUSE to verify all information provided throughout the registration process and all information submitted by such User on the PLAN HOUSE Website. User agrees that such User is providing PLAN HOUSE all legal authority required to conduct authentication and verification of information provided by the User by any and all means deemed relevant and pertinent to PLAN HOUSE, in PLAN HOUSE’s sole discretion. User further agrees to be bound by information gathered by PLAN HOUSE and further agrees to indemnify and hold PLAN HOUSE and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, for actions taken in the authentication and verification process, as well as the actions taken by PLAN HOUSE resulting from the information gathered.
12. PRIVACY POLICY
PLAN HOUSE is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you that we receive on the Internet. In general, you can visit us on the World Wide Web without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on this Website, pages viewed, etc. PLAN HOUSE uses this information to measure the use of our Site and to improve the content of our Website. There are times, however, when we may need personal information (hereinafter "Personal Transaction Information") from you, such as your name and address, for registration as a User or the purchase of products and Services via this Website or your interest in purchasing via the Website. Usually, the Personal Transaction Information we collect is used only by us to respond to your inquiry about an order or interest in purchasing via the Website, to process an order, or to allow you to access specific account information. If you register on this Website, we may use this information to provide you with custom information about our offerings in support of your business needs. A technology called cookies may be used to provide you with tailored information. A cookie is a tiny element of data that a website can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. You may set your browser to notify you when you receive a cookie. At times we conduct on-line surveys to better understand the needs and profile of our Users. When we conduct a survey, we will try to let you know how we will use the information at the time we collect information from you on the Internet.
Specifically, You acknowledge, consent, and agree that PLAN HOUSE may, at its sole discretion and to the extent permitted by law, access, read, preserve, and disclose your Personal Transaction Information in order to: (a) comply with any applicable law, regulation, legal process, or governmental request; (b) respond to claims that any Content violates the rights of third parties, including, without limitation, intellectual property rights; (c) enforce these Terms of Use and/or investigate potential violations thereof; (d) detect, prevent, or otherwise address fraud, security, or technical issues; (e) respond to Your requests for customer service; or (f) protect the rights, property, or personal safety of PLAN HOUSE, its Users, or the public. In addition, you agree to release, discharge, hold harmless PLAN HOUSE from any and all claims or liability, whether known or unknown, including any and all claims in connection with the publication, production, processing, distribution, or exploitation of your Personal Transaction Information, including, without limitation, any claims of infringement or violation of any intellectual property, moral, publicity, privacy, or proprietary rights.
13. TERMINATION
PLAN HOUSE may terminate a User's access at any time, with or without cause. Upon termination, PLAN HOUSE shall not be required to make any refund of the User's payment of any fees set forth hereinafter. PLAN HOUSE will terminate access to its Websites for any of the following reasons (but not limited to): Misuse of information, Misrepresentation, Submitting False Information, Improper Dissemination of Information, Initiating Procedures against PLAN HOUSE outside of the remedies listed herein, Violation of any Terms of Use herein, using abusive language, illegal activity, commercial email (spamming) of Website members, attempts to hack PLAN HOUSE, dissemination of viruses or malware, flooding PLAN HOUSE or any other network with traffic for the purpose of disrupting service, transmission through the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature, any and all deceptive activities or submissions, any and all activities that that interfere with the use of PLAN HOUSE to Users and/or prospective Users, any and all attempts to disable, bypass, modify, defeat or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Website, systematically collecting and using any Website content including the use of any data mining, or similar data gathering and extraction methods. User understands and hereby acknowledges that PLAN HOUSE may determine in its sole discretion whether any other reason not included in the previous list constitutes a ground to terminate User.
14. ARBITRATION
YOU AGREE THAT ANY CONTROVERSIES, CLAIMS OR DISPUTES ARISING BETWEEN YOU AND PLAN HOUSE, WHETHER IN TORT OR IN CONTRACT, INCLUDING BUT NOT LIMITED TO THOSE RELATED TO OR ARISING OUT OF THIS AGREEMENT, OR THE SERVICES PROVIDED, INCLUDING ACCESS AND/OR USE OF THE WEBSITE AND/OR ANY APP, WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THIS AGREEMENT, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING PROVIDED BY PLAN HOUSE, INCLUDING, BUT NOT LIMITED TO, ACCESS AND/OR USE OF THE WEBSITE AND APPS. SUCH ARBITRATION SHALL BE BEFORE A PANEL CONSISTING OF THREE ARBITRATORS AT A LOCATION IN THE GREATER TUPELO, MISSISSIPPI METROPOLITAN AREA. SUCH ARBITRATION SHALL BE BINDING UPON BOTH YOU AND PLAN HOUSE AND SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS RULES, INCLUDING THE SELECTION OF THE ARBITRATORS, WHICH SHALL BE ACCOMPLISHED IN ACCORDANCE WITH THE RULES OF THE AAA. THE AWARD RENDERED BY THE ARBITRATORS SHALL BE FINAL, AND JUDGMENT MAY BE ENTERED UPON IT IN ACCORDANCE WITH APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES FURTHER AGREE THAT THE PREVAILING PARTY IN SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER THE COSTS OF SUCH ARBITRATION FROM THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS' FEES. THIS AGREEMENT TO ARBITRATE SHALL BE SPECIFICALLY ENFORCEABLE UNDER APPLICABLE LAW IN ANY COURT HAVING JURISDICTION THEREOF.
The term of this Agreement shall continue for so long as PLAN HOUSE provides you access to any PLAN HOUSE Website.
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