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The Agreement was last updated
October 25, 2006
All use of the McGraw-Hill Construction Online Web
pages and any information and content included therein
(the "MHC Site") is subject to the terms and
conditions set forth below. By completing the registration
process, clicking the User Agreement acceptance "button,"
and using the MHC Site, you represent that you are 18
years old or older and agree to abide by the following
terms and conditions. The terms "you" or "User"
refer to the person who completed the registration process.
McGraw-Hill Construction ("MHC") reserves
the right to change the terms of this Agreement. Changes
will be posted on the MHC Site at http://www.construction.com/termsofuse.asp.
If any of these changes are unacceptable, you may terminate
your subscription as described below under "Term
and Termination." Use of the MHC Site following
the posting of any changes to these terms and conditions
constitutes acceptance of those changes by the User.
Definitions
The MHC Site contains two types of content:
1. The "MHC Site's Own Content" means information
entered into the MHC Site by employees and authorized
representatives of MHC.
2. "Other Content" means any other information
entered into the MHC Site by Users or other persons.
Use of the MHC Site
MHC hereby grants you a non-exclusive, non-transferable
license to access and use the MHC Site for the fees
and under the terms described in this Agreement. Only
one person at a time may access the MHC Site using the
User's screen name and password without the prior consent
of MHC. The User may, free of charge and on an occasional
basis, make up to 10 copies in paper form of an individual
article appearing in the MHC Site for non-commercial
use provided the User includes all copyright and other
proprietary rights notices that appeared on the original
and includes a notice indicating that the MHC Site is
the source of the material. For all other hard copy
uses, or to buy an e-print or a reprint of a specific
article or video appearing on the MHC Site, please contact
Erica Montgomery: (800) 494-9051 x142; email: emonty@reprintbuyer.com
for information or instructions. Fees are determined
by the extent of use. The User may not disseminate any
portion of the MHC Site through electronic means, including
mail lists or electronic bulletin boards, without the
prior consent of MHC. Add news from the MHC Site to
your Web site for FREE with our headline feed by visiting
http://construction.com/NewsCenter/RSS/default.asp.
Obtain consent for special arrangements regarding electronic
distribution by contacting Phyllis Moody: (212) 904-4635;
email: Phyllis_Moody@mcgraw-hill.com.
Except as expressly permitted in this Agreement, the
MHC Site may not be reproduced, transmitted, or distributed
without MHC's prior written permission. The User may
not commingle any portion of the MHC Site with any other
information and shall not edit, modify, or alter any
portion of the MHC Site. All of the MHC Site's Own Content
is either the property of The McGraw-Hill Companies,
Inc. and its affiliates (collectively, "McGraw-Hill")
or is licensed to McGraw-Hill. McGraw-Hill and its licensors
retain all proprietary rights to the MHC Site's Own
Content. The User shall honor all reasonable requests
by MHC or its affiliates to protect McGraw-Hill's and
its licensors' proprietary interests in the MHC Site.
In addition, User may not:
1. use the MHC Site for any purpose that is prohibited
by any law or regulation, or to facilitate the violation
of any law or regulation;
2. use or attempt to use any "deep-link,"
"scraper," "robot," "bot,"
"spider," "data mining," "computer
code" or any other automated device, program, tool,
algorithm, process or methodology or manual process
having similar processes or functionality, to access,
acquire, copy, or monitor any portion of the MHC Site,
any data or content found on or accessed through the
MHC Site, or any other the MHC Site information without
prior express written consent of MHC;
3. obtain or attempt to obtain through any means any
materials or information on the MHC Site that has not
been intentionally made publicly available either by
public display on the MHC Site or through accessibility
by a visible link on the MHC Site;
4. violate any measure employed to limit or prevent
access to the MHC Site or its content;
5. violate the security of the MHC Site or attempt
to gain unauthorized access to the MHC Site, data, materials,
information, computer systems or networks connected
to any server associated with the MHC Site, through
hacking, password mining or any other means;
6. impersonate any person or entity, or falsely state
or otherwise represent an affiliation with a person
or entity;
7. interfere with, attempt to interfere with or otherwise
disrupt the proper working of the MHC Site, any activities
conducted on or through the MHC Site or any servers
or networks connected to the MHC Site, including accessing
any data, content or other information prior to the
time that it is intended to be available to the public
on the MHC Site;
8. take or attempt any action that, in the sole discretion
of the MHC Site, imposes or may impose an unreasonable
or disproportionately large load or burden on the MHC
Site or the infrastructure of the MHC Site.
9. forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Other Content;
10. disobey any requirements, procedures, policies
or regulations of networks connected to the MHC Site;
11. use the MHC Site to stalk or harass another.
The User's Content
The User grants to McGraw-Hill the non-exclusive right
to use all material entered into the MHC Site by the
User (other than third-party material transmitted through
private electronic mail) in any of McGraw-Hill's print
or electronic publications.
Users entering material into the MHC Site are responsible
for the content of that material. McGraw-Hill has no
responsibility for Other Content, including the content
of any messages or information posted by Users or others,
or for the content of information accessible via direct
or indirect hyperlinks from the MHC Site. However, MHC
retains the right, which it may or may not exercise
in its sole discretion, to review, edit, or delete Other
Content which MHC deems to be illegal, offensive, in
violation of these terms and conditions or otherwise
inappropriate.
You may not input, distribute, upload, post, email,
transmit or otherwise make available any Other Content
through the MHC Site that:
1. is promotional in nature, including solicitations
for funds or business, without the prior written authorization
of MHC, or constitutes junk mail, spam, chain letters,
pyramid schemes or the like;
2. is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
3. you do not have the right to make available under
any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential
information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
4. infringes or violates any patent, trademark, trade
secret, copyright or other proprietary rights of any
party;
5. contains software viruses or any other computer
code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software
or hardware, or telecommunications equipment;
6. is harmful to minors.
If you see any violations of these terms and conditions
on the MHC Site, please email us at contactus_cc@constructioncustomercare.com.
The User agrees to indemnify McGraw-Hill from all damages,
liabilities, costs, charges and expenses, including
reasonable attorneys' fees, which McGraw-Hill and its
employees and authorized representatives may incur as
a result of either: (i) the User's breach of this Agreement;
or (ii) material entered into the MHC Site with the
use of the User's screen name or password. MHC reserves
the right to assume the exclusive defense and control
of any such matter for which the User has agreed to
indemnify McGraw-Hill in which event the User shall
have no further obligation to indemnify with respect
to that particular matter.
NO WARRANTIES/LIMITATIONS ON LIABILITY
McGRAW-HILL MAKES NO GUARANTEES OR WARRANTIES AS TO
THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED
FROM, ACCESSING AND USING THE MHC SITE, THE MHC SITE'S
OWN CONTENT, THE OTHER CONTENT, NOR ANY MATERIAL THAT
CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK
OR OTHERWISE) THROUGH THE MHC SITE. McGRAW-HILL SHALL
NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY,
DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS
OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN
NO EVENT WILL McGRAW-HILL OR ANY OF ITS THIRD PARTY
LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST
MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR
NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT
TO ANY USE OF THE MHC SITE. USER AGREES THAT ALL DEMANDS
OF WHATEVER KIND ASSESSED AGAINST McGRAW-HILL OR ANY
OF ITS THIRD PARTY LICENSORS ARISING OUT OF RELATING
TO THE USE OF THE MHC SITE SHALL NOT EXCEED $100.
Registration
As part of the registration process, you must select
a screen name and password and provide MHC with accurate,
complete, and updated information. Failure to do so
constitutes a breach of this Agreement, which may result
in immediate termination of the User's access.
Term and Termination
This Agreement will continue until terminated by either
MHC or you. The Agreement can be terminated by either
party by notifying the other party by telephone or electronic
mail of the decision to terminate.
MHC may discontinue or change the MHC Site, or its
availability to you, at any time.
Fees & Payments
From time to time, MHC makes available to its subscribers
certain products and services for which it charges a
fee, pursuant to the then-current standard form of McGraw-Hill
Construction Master Agreement ("Master Agreement").
The provision and use of such products and services
shall be subject to and governed by the Master Agreement.
General
This Agreement, together with the Master Agreement
(if applicable), constitutes the entire agreement between
the parties relating to the MHC Site and supersedes
any and all other agreements, oral or in writing, with
respect to the MHC Site. In the event of a conflict
between the terms and conditions of this Agreement and
those of the Master Agreement, the terms and conditions
of the Master Agreement shall govern and control. The
failure of MHC to insist upon strict compliance with
any term of this Agreement shall not be construed as
a waiver with regard to any subsequent failure to comply
with such term or provision. This Agreement is personal
to you, and you may not assign your rights or obligations
to anyone. If any provision in this Agreement is invalid
or unenforceable under applicable law, the remaining
provisions will continue in full force and effect. This
Agreement, your rights and obligations, and all actions
contemplated by this Agreement shall be governed by
the laws of the United States of America and New York
State, as if the Agreement was a contract wholly entered
into and wholly performed within New York State.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE
TO BE BOUND BY ALL OF ITS TERMS.
Terms
and Conditions for McGraw-Hill Construction Subscribers
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