Hosted Projects Area
You must agree to this agreement if you want to continue.
Usage Agreement and Disclaimers
1. ACCEPTANCE OF TERMS
Build NY Online Planroom (NYBX) makes available for your use and access to the
Online Plan Service (the "Site") information, documents, software and
products (collectively, the "Materials") and various services (the
"Services") subject to the terms and conditions set forth in this Usage
Agreement and Disclaimers (the "Usage Agreement"). By accessing this Site,
you agree to the Usage Agreement.
reserves the right to change the Usage Agreement from time to time at its sole
discretion. Your use of the Site will be subject to the most current version of
the Usage Agreement posted on the Site at the time of such use. In addition,
when using particular Services or Materials on this Site, you shall be subject
to any posted guidelines or rules applicable to such Services or Materials that
may contain terms and conditions in addition to those in the Usage Agreement.
All such guidelines are incorporated into this Usage Agreement by reference.
Use of site is at your sole risk. The site is
provided on an “as is” and “as available” basis.It is your
responsibility to review all documents to assure that all aspects of your
bid are reviewed, as represented in blueprint documents,
specifications, addenda and memorandum.
You MUST be a current Site participant (valid
Internet subscriber) of
to access this Site. If you are not a current Site participant or if you breach
any of the Usage Agreement, your authorization to use this Site is
automatically terminated and you must immediately destroy any Materials
downloaded or printed from this Site.
2. COPYRIGHT; LIMITED LICENSE
You acknowledge and agree that Materials and
Services on this Site and any necessary software used in connection with
the Site ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws.
Except as expressly authorized by
, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Materials and Service, or the Software, in
whole or in part. Furthermore, except as expressly provided in this Usage
does not grant any express or implied right to you under any patents,
copyrights, trademarks, or trade secret information with respect to the
Materials, Services and Software.
2.1 Use of Software.
The software and
accompanying documentation that are made available to download from the
Site are copyrighted work of
and/or its suppliers. Use of the software is governed by the terms of the
end user license agreement that accompanies or is included with such
software. You will not be able to download or install any software that is
accompanied by or includes an end user license agreement unless you agree
to the terms of such end user license agreement. If you do no agree to
such terms, you will not be able to use the software. You may not
decompile, reverse engineer or otherwise attempt to discover the source
code of any software available on the Site.
3. USE OF SITE INFORMATION
Except as otherwise indicated elsewhere on this Site, you may view, download and
print the documents and information available on this Site subject to the
The documents and information may be used solely for your use in preparing cost
estimates for those construction projects provided on the Site and/or for your
reference during the construction process of same and for no other purpose.
The documents and information may not be modified or altered in any way.
You may not remove any copyright or other proprietary notices contained in the
documents and information.
- NYBX reserves the right to revoke the authorization to
view, download and print the documents and information available on this
Site at any time, and any such use must be discontinued immediately upon
written notice from NYBX.
The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download and print the documents and
information available on this site are not applicable to the design or layout
of this Site. Elements of this Site are protected by trade dress and other laws
and may not be copied or imitated in whole or in part.
Build NY Online Planroom
users, and, in the case of users who are entities, their partners,
shareholders, officers and employees, will be entitled to view and use
Site Materials (including all plans, specifications and addenda therein).
In addition, you acknowledge and agree that the unauthorized disclosure of
Site Materials could cause competitive harm to the
Build NY Online Planroom
, and you promise to receive and maintain the Site Materials in trust and
confidence, and take reasonable precautions against such disclosure to any
5. MODIFICATIONS TO SERVICE
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Site (or any part thereof)
with or without notice. You agree that
is not liable to you or to any third party for any modification, suspension or
discontinuance of the Service.
5. ACCOUNT, PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of the password and
account, and are fully responsible for all activities that occur under your
password or account. You agree to:
of any unauthorized use of your password or account or any other breach of
ensure that you exit from your account at the
end of each session.
cannot and will not be liable for any loss or damage arising from your failure
to comply with this section.
You agree that
, in its sole discretion, may terminate your password, account (or any
part thereof) or use of the Site for any reason, including, without
believes that you have violated or acted inconsistently with the letter
or spirit of the Usage Agreement.
may also in its sole discretion and at any time discontinue providing the
Site, or any part thereof, with or without notice. You agree that any
termination of your access to the Site under any provision of this Usage
Agreement may be effected without prior notice, and acknowledge and agree
may immediately deactivate your account. Further, you agree that
shall not be liable to you or any third-party for any termination of your
access to the Site.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE
SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EFFORTS HAVE
BEEN MADE TO ASSURE THE ACCURACY OF THE INFORMATION, BUT
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE BEST SOURCES OF INFORMATION FOR PROJECT FILES ARE THE ACTUAL PLANS
AND SPECIFICATIONS MAINTAINED AT
’S MAIN OFFICE.
MAKES NO WARRANTY THAT:
THE SERVICE AND MATERIALS WILL MEET YOUR REQUIREMENTS;
THE SERVICE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR MATERIAL OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
9. LIMITATION OF LIABILITY
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM
OR THROUGH OR FROM THE SERVICE OR MATERIALS SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE USAGE AGREEMENT.
IN NO EVENT SHALL
OR ANY OF ITS AFFILIATES OR SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING,
WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT,
MATERIALS, SERVICES AND FUNCTIONS OF THE SITE, EVEN IF
IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold
, and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your use of the Site, your connection to the Site, your violation of the Usage
Agreement, or your violation of any rights of another.
11. GOVERNING LAW AND JURISDICTION
The Usage Agreement and the relationship between
are governed by the laws of the State of California without regard to its
conflict of law provisions. You also agree that this Usage Agreement is
entered into between you and
in California. The failure of
to exercise or enforce any right or provision of the Usage Agreement does not
constitute a waiver of such right or provision. If any provision of the Usage
Agreement is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Usage Agreement remain in full force and effect. You agree that regardless
of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of the Materials or Service or the Usage Agreement must be
filed within one year after such claim or cause of action arose or be forever
By agreeing to these terms, subscriber agrees to be individually bound by each
term set forth above including each disclaimer of warranty. It is further
agreed that these terms bind the subscribers heirs, assigns, partners,
employees, joint venturers and successors in interest.