TERMS AND CONDITIONS with END-USER LICENSE AGREEMENT
Effective July 14, 2019
TERMS AND CONDITIONS
This document (the “Agreement”) is a legal contract between you and detailsforadollar.com, that governs your use of detailsforadollar.com’s online download services. The terms below will apply to you if you purchase and use the detailsforadollar.com.
Detailsforadollar.com may from time to time modify these terms and post a copy of the amended Agreement at detailsforadollar.com/terms and conditions. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using detailsforadollar.com. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.
DESCRIPTION OF SERVICE
The Service allows you to download (as defined below of building construction details, notes and other material for your personal use. You may also need to install certain third-party software. You are responsible for any hardware, systems and/or software program(s) you use and any associated fees and expenses (a) to connect to or use the Internet, and/or (b) other than the Client, to use any Materials. The Service, the download files and/or the Materials (including any detailsforadollar.com promotional offers or codes redeemable for the Service, the downloads and/or the, materials) are only for your personal, non-commercial use and are non-transferable (except as otherwise expressly authorized by detailsforadollar.com).
USE OF SERVICE, SOFTWARE, DETAILS AND MATERIALS
Software. The Client, and all other software made available by detailsforadollar.com on or through the service, are protected by intellectual property laws and your use of them is governed by this Agreement as well as any applicable end-user license agreements. A copy of the current Client End-User License Agreement (“detailsforadollar.com EULA”) is available at the end of this document.
Details and Materials. The Details and Materials are owned by detailsforadollar.com, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license their material or other content to detailsforadollar.com for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the Details and Materials is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any Details or Materials used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise detailsforadollar.com promptly of any such unauthorized use(s).
Usage Rules. Your access to and/or use of any File(s) will be limited by the rules assigned to the File(s) by detailsforadollar.com (“Usage Rules”) and described in this section. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or Details. Detailsforadollar.com reserves the rights to modify the Usage Rules at any time.
All rights not expressly granted to you in this Agreement are reserved to detailsforadollar.com and/or its licensors.
Customer Support. Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to a detailsforadollar.com customer service representative by visiting detailsforadollar.com/support and using the Help Request form.
CHARGES / BILLING
Agreement to Pay. You agree to pay for all Details and Materials that you purchase through detailsforadollar.com may charge your billing payment method for any such payment(s).
Right to Change Prices. All prices for products within the Service are subject to change by detailsforadollar.com at any time.
Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Detailsforadollar.com reserves the right to change this policy at any time.
Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that detailsforadollar.com shall not be responsible or liable to you for the products or services purchased.
General. As noted above, the Service, the Details, the Client and the Materials contain and/or comprise copyrighted or other proprietary subject matter, and your use of them is governed by this Agreement, certain end-user license agreements, and applicable law.
Notices. .detailsforadollar.com respects the intellectual property rights of others, and it expects you to do the same. If you know of or suspect that any use of the Service, Details, Materials and/or the Client constitutes copyright infringement, please send a notice to detailsforadollar.com Customer Support by visiting detailsforadollar.com/support and using the Help Request form.. The notice must contain all of the information set forth in Section 512(c)(3)(A) of the U.S. Copyright Act, 17 U.S.C. ī’ 101 et seq.
PATENT AND TRADEMARK
All trademarks, service marks, trade names, slogans, logos, and other indicia of origin that appear on or in connection with the Service are the property of detailsforadollar.com and/or its affiliates, licensors and/or licensees. You may not copy, display or use any of these marks without prior written permission of the mark owner. The Service and the Client (and portions of them) may be protected under patent law and may be the subject of issued patents and/or pending patent applications.
VIOLATION OF INTELLECTUAL PROPERTY RIGHTS
If detailsforadollar.com receives a notice alleging that you have engaged in behavior that infringes detailsforadollar.com’s or other’s intellectual property rights or reasonably suspects the same, detailsforadollar.com may suspend or terminate your account without notice to you. If detailsforadollar.com suspends or terminates your account under this paragraph, it shall have no liability or responsibility to you, including for any amounts that you have previously paid.
PROMOTIONS AND ADVERTISING
Detailsforadollar.com and/or its business partners may present advertisements or promotional materials on or through the Service. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions of, any third-party advertisers on or through the Service are solely between you and such third-party. You agree that detailsforadollar.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Service.
LINKS TO THIRD-PARTY SITES
The Service may present links to third-party websites not owned or operated by detailsforadollar.com. Detailsforadollar.com is not responsible for the availability of these sites or their contents. You agree that detailsforadollar.com is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content of any such site or goods or services available through any such site.
MODIFICATIONS TO SERVICE
Detailsforadollar.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you, without any liability to you or to any third party.
You agree that any unauthorized use of the Service, the Details, the Materials, the Client or any related software or materials would result in irreparable injury to detailsforadollar.com and/or its affiliates or licensors for which money damages would be inadequate, and in such event detailsforadollar.com, its affiliates and/or licensors, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that detailsforadollar.com, its affiliates and/or licensors may have under separate legal authority.
You agree to indemnify and hold harmless detailsforadollar.com and its agents, employees, representatives, licensors, affiliates, parents and subsidiaries from and against any and all claims, losses, demands, causes of action and judgments (including attorney’s fees and court costs) arising from or concerning your breach of this Agreement and your use of the Service, the Details, the Client or the Materials and to reimburse them on demand for any losses, costs or expenses they incur as a result thereof.
Detailsforadollar.com may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or detailsforadollar.com reasonably suspects that you have breached) any provision of this Agreement. If detailsforadollar.com terminates this Agreement, or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you, and detailsforadollar.com will not refund any amounts that you have previously paid.
You understand and agree that your use of the service, details, client, and the materials is at your own sole risk. the service, details, materials and the client (the “products”) are provided “as is” and without warranty by detailsforadollar.com or its agents, employees, parents, subsidiaries, affiliates, licensors, business partners and/or suppliers (the “detailsforadollar.com entities”), as applicable, and, to the maximum extent allowed by applicable law, the detailsforadollar.com entities expressly disclaim all warranties, express or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of NON-INFRINGEMENT. The detailsforadollar.com entities do not warrant, guarantee, or make any representations regarding the use or the results of the use of the products with respect to performance, accuracy, reliability, security capability or otherwise. you will not hold any detailsforadollar.com entity responsible for any damages that result from you accessing (including any software or systems you use to access) the service or using the products including, but not limited to, damage to any computer, software or systems or portable devices you use to access the same . No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to any of the detailsforadollar.com entities.
In addition, detailsforadollar.com makes no warranty that any particular CD burner or portable device will be compatible with the client or that any CD burned using the client will function in all CD players. It is your sole responsibility to ensure that your system(s) will function correctly with the client.
Under no circumstances shall any detailsforadollar.com entity be liable for any unauthorized use of the service, details, materials and/or the client.
Under no circumstances shall any detailsforadollar.com entity be liable to you for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the products, even if the detailsforadollar.com entity has been advised of the possibility of such damages. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, the detailsforadollar.com entities shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and in no event shall such damages or liability exceed us$10.
LAW AND LEGAL NOTICES
This Agreement and any other terms or documents referred to herein represent your entire agreement with detailsforadollar.com with respect to your use of the Service. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Washington, excluding its conflicts of law rules, govern this Agreement and your use of the Service, the Details, the Materials and the Client. You expressly agree that the courts in the State of Washington, have exclusive jurisdiction over any claim or dispute with detailsforadollar.com or relating in any way to your account or your use of the Service, the Details, the Materials and the Client. You further agree and expressly consent to personal jurisdiction over you in the federal and state courts in King County in connection with any such dispute including any claim involving detailsforadollar.com or its partners, parents, licensors, affiliates, subsidiaries, employees, contractors, officers, directors or suppliers.
END-USER LICENSE AGREEMENT
This license agreement (License Agreement’) is a legal agreement between you and Detailsforadollar.com. You are installing and/or accessing and activating pre-installed software and associated materials and documentation that have been created by or for Detailsforadollar.com or its suppliers or licensors (collectively the ‘Software’). You understand that the software includes security components that permit digital information to be protected and use to occur only as permitted by usage rules set by Detailsforadollar.com and/or content providers. As such, certain special considerations apply. By installing, copying, or otherwise using the Software, and by accepting any Software updates from time to time, you acknowledge that you have read and understood this License Agreement, and agree to be bound by its terms and conditions. If you do not agree to (or cannot comply with) the terms and conditions of this License Agreement, do not install, copy, and/or use the Software or any Content (as described below)..
NOTICE: Detailsforadollar.com may from time to time amend, modify, or supplement this License Agreement as it pertains to the Software and Content by posting a copy of such amended, modified, or supplemented license agreement. Please check that webpage regularly for revisions to this License Agreement. You may provide notice to Detailsforadollar.com of any objection to such revised terms within thirty (30) days after they are posted; please send any such objection by email to firstname.lastname@example.org. You will be deemed to have accepted the amended, modified, or supplemented terms if you thereafter use the Software or Content. All other terms of this License Agreement will continue in effect except as provided in paragraph 11 below.
1. License to Use Software. Subject to the terms and conditions hereof, Detailsforadollar.com hereby grants you a limited, nonexclusive, nontransferable, nonsublicensable right to use the Software, as such software has been delivered to you, on a single computer solely as an end user.
2. Updates, Security, and Revocation. Because the Software includes security components, special rules and policies apply. You agree to abide by the rules and policies established from time to time by Detailsforadollar.com. Such rules and policies will be applied generally in a nondiscriminatory manner to users of the Software, and may include, for example, required or automated updates, modifications, and/or re-installations of the Software to address security, interoperability, and/or performance issues. To this end, the Software includes an auto-individualization feature that automatically collects unique system identification information about your computer and may be remotely activated in order to update security components used by the Windows Media Player. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you. In addition, you understand that the Software is capable of monitoring itself for security-related and tamper-detection purposes and communicating information about security incidents. Your copy of the Software and your access to certain applications that communicate with it are subject to restriction and/or revocation (such as being shut down) for security purposes or according to consistently applied Content-protection policies. You understand and agree that this would likely result in Content that was previously available for use being unavailable thereafter.
a. The Software contains and/or embodies copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of Detailsforadollar.com and/or its licensors. All title and ownership rights in the Software remains with Detailsforadollar.com and its licensors, as applicable.
b. In addition to those prohibitions contained elsewhere herein, you agree you will not: (i) rent, lease, loan, sell, copy, or distribute the Software in whole or in part; (ii) use the Software or any portion thereof to create any tool or software product that can be used to create software applications of any nature whatsoever; (iii) remove, alter, cover, obfuscate, and/or otherwise deface any trademarks or notices on the Software; and/or (iv) modify, alter, de-compile, disassemble, reverse engineer or emulate the functionality, reverse compile or otherwise reduce to human readable form, or create derivative works of the Software without the prior written consent of Detailsforadollar.com or its licensors, as applicable.
c. You further agree that you shall not tamper with the Software or undertake any activity intended to bypass, modify, defeat or otherwise circumvent (or having the effect of facilitating, modifying, or assisting the bypassing, defeating or circumventing of) proper and/or secure operation of the Software and/or any mechanisms operatively linked to the Software.
d. Except as expressly provided by this License Agreement, no other licenses or rights (including rights to maintenance or updates) are granted, expressly, or by implication or estoppel. All rights not expressly granted herein are reserved to Detailsforadollar.com and/or its licensors, as applicable.
5. Authorized Use of Detailsforadollar.com Content. The Software may enable you to listen to, view, and/or read (as the case may be) music, images, video, text, and other material that may be obtained by or were in some instances, previously provided to you in digital form. This material, collectively ‘Content’ may be owned by Detailsforadollar.com or by third parties. However, in all circumstances, you understand and acknowledge that your rights with respect to Content you obtain for use in connection with the Software (including any Content that may have been preloaded with the Software, to your computer, portable device or a CD or other media provided to you) will be limited by copyright law and by the Usage Rules, as described in the Terms and Conditions of the Detailsforadollar.com service, with which authorized copies of the Content are electronically packaged. A copy of the Detailsforadollar.com Terms and Conditions, with which you must agree to use the Detailsforadollar.com service. Usage Rule’s are the licensing rules assigned by Detailsforadollar.com and/or the pertinent Content owner to Content that limit your access to and use of it. Unauthorized copies of Content (including pirate and other illegal copies) may be electronically packaged with incorrect rules that have not been approved by Detailsforadollar.com and/or the Content owner. The Usage Rules approved by Detailsforadollar.com and/or the pertinent Content owner in respect of Content shall govern your rights with respect to that Content regardless of whether unauthorized rules have been associated with that Content by another party. The supply of this product does not convey a license nor imply any right to commercially distribute content created or accessed with this product in revenue-generating broadcast systems (terrestrial, satellite, cable and/or other distribution channels), streaming applications (via Internet, intranets and/or other networks), other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like). You may not attempt (or authorize, encourage or support other’s attempts) to circumvent, reverse engineer, decrypt, break or otherwise alter or interfere with any Usage Rules or Content.
The Software enables Detailsforadollar.com to control your access to Content in accordance with the Usage Rules. Detailsforadollar.com (for itself and its Content licensors) reserves the right to use the Software at any time to enforce the Usage Rules with or without notice to you.
6. Customer Care. Detailsforadollar.com will provide customer care in connection with the Detailsforadollar.com service and the Software as set forth in the Detailsforadollar.com Terms and Conditions. Information and frequently asked questions regarding Detailsforadollar.com Content and the Software are always available within the Detailsforadollar.com service under the help tab or you can contact our Customer Support personnel by sending an email to email@example.com.
7. Remedies. You acknowledge and agree that any unauthorized use of the Software and/or the technology contained in it would result in irreparable injury to Detailsforadollar.com or its licensors, as applicable, for which money damages would be inadequate, and in such event Detailsforadollar.com shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. Nothing contained in this paragraph 7 or elsewhere in this License Agreement shall be construed to limit remedies or relief available pursuant to statutory or other law that Detailsforadollar.com or its licensors may have under separate legal authority.
8. Warranties. You expressly acknowledge and agree that the use of the Software is at your own sole risk. The details/materials have been provided solely, as is’ and without warranty of any kind by detailsforadollar.com, its directors, employees, licensors, partners and agents (collectively detailsforadollar.com’); its licensors; or its business partners (partners’). To the maximum extent allowed by applicable law, detailsforadollar.com and its licensors and partners expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, or any warranty of NONINFRINGEMENT. There is no warranty that the functions contained in the software will meet your requirements, or that the operation thereof will be uninterrupted or error-free. detailsforadollar.com and its licensors and partners do not warrant, guarantee, or make any representations regarding the use or the results of the use of the software with respect to its performance, accuracy, reliability, security capability, CURRENTNESS or otherwise. No oral or written information or advice given by any person shall create a warranty in any way whatsoever relating to detailsforadollar.com and/or any of its licensors or partners. The exclusion of implied warranties is not permitted by some jurisdictions and thus, the above exclusion may not apply to you.
9. Further limitation of liability. in addition to the other provisions hereof, you acknowledge to and for the benefit of detailsforadollar.com and its licensors and partners that the software, details, material, as with most software, details, materials, may contain bugs and is not designed or intended for use in hazardous environments requiring fail-safe performance in which the failure of the software could lead to death, personal injury or physical or environmental damage. detailsforadollar.com and its licensors and partners shall have no liability whatsoever for any loss suffered as a result of such a failure of the software or a breach of security involving the software, whether or not such loss or breach results from the deliberate, reckless, or negligent acts of any person.
under no circumstances shall detailsforadollar.com or its licensors or partners be liable for any unauthorized use of any content, or any use of the software to develop, distribute, or use any material that is defamatory, slanderous, libelous or obscene, that portrays any person in a false light, that constitutes an invasion of any right to privacy or an infringement of any right to publicity, that violates or infringes any third party’s rights or that violates any foreign, federal, state or local statute or regulation.
in no event will detailsforadollar.com or its licensors or partners be liable for any consequential, incidental or special damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use the software, even if detailsforadollar.com and/or its licensors and partners have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. to the extent as applied in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is wholly prohibited by applicable law, then detailsforadollar.com and its licensors and partners shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. Notwithstanding any contrary provisions, in no event shall detailsforadollar.com’s liability to you or any person exceed, in the aggregate, us$10.
10. Term. Detailsforadollar.com may terminate this License Agreement at any time with or without notice. (Detailsforadollar.com will only terminate the Detailsforadollar.com service to you pursuant to the terms of the Detailsforadollar.com Terms and Conditions). This License Agreement is subject to immediate termination, without notice, if you breach any provision hereof; provided that if such termination without notice is expressly prohibited by applicable law, then such termination shall occur based upon notice in the event of any breach. Upon notice from Detailsforadollar.com that this License Agreement has been terminated, you must return to Detailsforadollar.com (or destroy) all copies of the Software, including any copies or partial copies.
11. Survival. The respective rights and obligations of you and Detailsforadollar.com under the provisions of paragraphs 2, 3, 4, 5, 7, 8, 9, 12, 13 and this paragraph 11 shall survive termination of this License Agreement.
12. U.S. Government Restricted Rights and Export Provisions. The Software is commercial computer software or commercial computer software documentation.’ The United States Government’s rights with respect to the Software are limited by the terms of this License Agreement, pursuant to FAR 12.212(a) and/or DFARS 227.7202-1(a), as applicable. In addition, you agree by installing, copying, or otherwise using the Software that: (i) you do not reside in a country subject to embargo or export controls by the U.S. Government; (ii) you are not on the List of Denied Persons as published by the U.S. government; and (iii) you will not use the Software for any illegal purpose. Because the Software and related technical data are subject to United States export controls, you agree that you shall not export or re-export (transfer) the Software unless you have complied with all applicable U.S. export controls. You will indemnify and hold Detailsforadollar.com and its licensors harmless from and against any liability that may arise from your failure to comply with export control laws and regulations.
13. Miscellaneous Provisions.
Any actions arising out of or in any manner affecting the interpretation of this License Agreement as they pertain to the Software or Content, whether under this License Agreement or otherwise shall be governed solely by, and construed solely in accordance with, the laws of the United States and State of New York, excluding (i) conflict of laws principles; (ii) the United Nations Convention on Contracts for the International Sale of Goods; (iii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iv) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. To the extent permitted by law, the provisions of this License Agreement shall supersede any provisions of the Uniform Commercial Code and the Uniform Computer Information Transactions Act as adopted or made applicable to the Software in any competent jurisdiction. As to any dispute, you hereby unconditionally and irrevocably consent to the exclusive jurisdiction of and venue in, as relevant, the state courts of the State of New York and the U.S. District Court for the Southern District of New York (in New York, New York) and irrevocably: (i) waive any objection whatsoever (including any objection with respect to venue) that you may now or hereafter have to the jurisdiction or venue of said courts; and (ii) consent to the service of process of said courts by the mailing of process by registered or certified mail to you, postage prepaid;
If for any reason a court of competent jurisdiction finds any provision or portion of this License Agreement to be unenforceable, such provision or portion shall be enforced to the maximum extent permissible consistent with the terms hereof, and the remainder of this License Agreement shall continue in full force and effect; and except as expressly set forth herein, this License Agreement may not be amended, modified, or supplemented by the parties in any manner, except by a written instrument signed by an authorized officer of Detailsforadollar.com. No provision hereof shall be deemed waived (by any act or omission) unless such waiver is in a writing signed by an authorized officer of Detailsforadollar.com. This License Agreement will bind and inure to the benefit of each party’s successors and assigns, provided that you may not assign or transfer this License Agreement, in whole or in part, without the prior written consent of an authorized officer of Detailsforadollar.com. This License Agreement represents the entire agreement between you and Detailsforadollar.com with respect to the subject matter hereof and supersedes all prior and/or contemporaneous agreements and understandings, written or oral, between you and Detailsforadollar.com with respect to the subject matter hereof.
14. Intellectual Property Notices. The Software is Copyright 2001-2006 Detailsforadollar.com and its licensors. All rights reserved. U.S. and foreign patents pending. Detailsforadollar.com, the Detailsforadollar.com design, and the Detailsforadollar.com trade dress are trademarks in the U.S. and other countries of Detailsforadollar.com, LLC.
15. Third Party Notices. You acknowledge and understand that certain software modules of the Software may contain third party technology. The following describes such third party technology and your rights and licenses therein.
16. Customer Contacts. If you have any questions regarding this License Agreement, or if you would like to contact Detailsforadollar.com for any other reason, write to Detailsforadollar.com
Attn: General Counsel: email to firstname.lastname@example.org