Design + Construction Strategies
The terms set forth below (the Agreement) govern your use of the DCStrategies website (the "Site"). By using or visiting the Site, you expressly agree to be bound by this Agreement and to follow all terms and applicable laws and regulations governing the Site. Further, your use of this Site is subject to those additional terms and conditions provided by DCStrategies and, subject to DCStrategies’ sole discretion, applicable to certain information, products, and software (collectively, "Content") available through this Site. Such additional terms and conditions include, but are not limited to, disclaimers and supplementary user agreements (collectively, "Additional Terms"). The Additional Terms are hereby incorporated by reference into these Terms (if there is any conflict between the Additional Terms and these Terms, the former shall prevail). If you do not agree with this Agreement, your sole recourse is not to use the Site.
The services and content provided as part of the Site are experimental in nature. They have not been tested in any manner, and DCStrategies does not represent that they are reliable, accurate, complete, or otherwise valid. Accordingly, the site and any content is provided “as is" with no warranty of any kind and you use the service at your own risk. This includes applications that were developed by DCStrategies for Autodesk and for which Autodesk retains ownership. DCStrategies expressly disclaims any warranty, express or implied, regarding the site or its content, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you.
Use of the Site. The Content on this Site is the property of DCStrategies and/or its suppliers and is protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, create derivative works of, or publicly display or perform any Content from the Site. You also agree that you will not use any automated device or manual process to monitor or copy any Content from the Site. Any software that is made available to download by or through this Site is governed by the terms of the license agreement, if any, which accompanies or is included with the software. The site may not be used for commercial purposes.
Software. Any software that is made available to download by or through this Site is governed by the following terms apply: DCStrategies grants to you a nonsublicenseable, nontransferable, nonexclusive, royalty-free, limited term license to (i) install the Software on your computer and (ii) use the Software solely in connection with other legally licensed software. You may not (and may not permit any third party to) reverse engineer, decompile, or disassemble the Software. You may not distribute, rent, loan, lease, sell, sub-license, or otherwise transfer all or any portion of the Software to any other person without the prior written consent of DCStrategies. You may not remove, alter, or obscure any proprietary notices, labels, or marks from the Software. You may not modify, translate, adapt, arrange, or create derivative works based on the Software or User Documentation for any purpose. You may not export Software in violation of this Agreement, U.S., or other applicable export control laws. The prohibitions contained in this Section apply to the extent that applicable law (including laws implementing EC Directive 91/250 on the legal protection of computer programs) allows such prohibition to be enforced. You will bear the burden of proof in demonstrating that applicable law does not allow enforcement of any such prohibition.
Feedback. In using this Site, you may provide certain comments, suggestions, data, or other information to DCStrategies (collectively "Feedback"). DCStrategies shall have the right to retain and use any such Feedback in current or future products or services, without additional compensation to you. To the extent such Feedback is protectable under intellectual property laws, you agree to cooperate with DCStrategies as needed to obtain such protection as DCStrategies may desire and you agree to assign your rights to such Feedback to DCStrategies.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL DCSTRATEGIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SITE, WHETHER OR NOT DCSTRATEGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL DCSTRATEGIES BE LIABLE TO YOU FOR ANY AMOUNT. Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against DCStrategies and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigations costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Site. If you are a California resident, you waive your rights under California Civil Code § 1542, which states "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known to him must have materially affected his settlement with the debtor." Residents of other states and nations similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
Modification of Terms. DCStrategies shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting to the Site.
Violation of Terms. In addition to any legal remedies that DCStrategies may have for your violation of the terms of this Agreement, DCStrategies shall also have the right in its sole discretion to suspend or terminate your access to the Site.
Indemnification. You agree to hold harmless and indemnify DCStrategies and its employees, agents, and representatives from and against any third party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suites, judgments, litigations costs and attorneys’ fees, or every kind and nature. In such a case, DCStrategies will provide you with written notice of such claim, suit, or action.
Assignment. You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without DCStrategies’ prior written consent. Any such purported assignment or delegation by you without DCStrategies’ prior written consent will be null and void and of no force and effect, unless otherwise expressly consented to by DCStrategies in its sole discretion.
Relationship of the Parties. Notwithstanding any provision of this Agreement, each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. DCStrategies’ failure to act with respect to a breach by you or others does not waive DCStrategies’ right to act with respect to subsequent or similar breaches. The failure of DCStrategies to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be governed by the laws of the District of Columbia (except that body of law controlling conflict of laws) and the United States of America. You submit to and waive any objection against the exclusive personal jurisdiction of the United States District Court of the District of Columbia and the Superior Court of the District of Columbia. This Agreement constitutes the entire agreement between DCStrategies and you with respect to the Site and may not be modified except by a written instrument executed by you and an authorized representative of DCStrategies.