License Agreement and Terms & Conditions
This license agreement and the Terms and Conditions herein apply to, but are not limited by, the use of this site, download of any file, and use of any application acquired from this site regardless of manufacturer. Other terms and conditions may apply and will be noted within the download files accordingly.
As with all business operations, Construction Office Online and 35-West strongly recommend seeking legal advice and review of any and all documents you choose to use in your business operation. You accept responsibility for the use and distribution of these templates, documents, and/or any other information you receive from the use of this site and any affiliate and agree to hold ConstructionOfficeOnline.com and 35-West, Inc blameless in any litigation or in any other event.
This license is for installing the file on one machine only and should not be transferred to any other machine or individual, user, or resold.
ConstructionOfficeOnline.com reserves the right to change, without notice, the specifications, drawings and information contained in this agreement.
ConstructionOfficeOnline.com will make every effort to fix bugs, errors and further functionality. BUT ConstructionOfficeOnline.com does not assume responsibility for any errors and/or omissions which may appear and be generated by the use of this product you have agreed to download and use at your own risk.
ConstructionOfficeOnline.com’s templates and/or files are provided without warranty of any kind whether express, statutory or implied, including all implied warranties of merchantability and fitness for a particular purpose. All files are provided on an "as it is" basis.
ConstructionOfficeOnline.com will take every effort to help restore lost or damaged information if possible. But neither ConstructionOfficeOnline.com nor its team shall in any event be liable for any direct, consequential, incidental, indirect or special damages even if advised of the possibility of such damages. In particular, ConstructionOfficeOnline.com shall have no liability for any damage loss or corruption of data or programs stored in or used in conjunction with ConstructionOfficeOnline.com templates, nor shall the authors be liable for the cost of retrieving or replacing damaged lost or corrupted data or any other means.
"You" means the person or company who is being licensed to use the Software or Documentation. "We," "us" and "our" means ConstructionOfficeOnline.com
"Software" means applications including templates using proprietary software to another manufacturer.
We hereby grant you a nonexclusive license to use this Software, provided that YOU DO NOT:
Distribute the Software for sale or free.
Copy the Documentation
Copy the Software except for personal use or to make archival or backup copies as provided above
Merge the Software into another program
Reverse engineer, decompile, or disassemble the Software
Remove any proprietary notices or labels on the Software
Place the Software onto a server so that it is accessible via a public network such as the Internet
Sublicense, rent, lease, sell or lend any portion of the Software
Title / Copyright
The Software and Documentation are protected by United States copyright laws and international treaties. We remain the owner of all right, title and interest in the Software and Documentation. You must treat the Software and Documentation like any other copyrighted material (a book for example). For more information see the United States Copyright Office.
Archival or Backup Copies
You may copy the Software for personal use, back up, and archival purposes, provided that the original and each copy is kept in your possession and that your installation and use of the Software does not exceed that allowed in the "License Grant" section above.
Disclaimer of Warranty
THE SOFTWARE AND THE ACCOMPANYING FILES AND DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OWNER FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE PRODUCT AND/OR DOCUMENTATION REMAINS WITH THE USER TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL THE OWNER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF THE OWNER SHALL BE EXCLUSIVELY LIMITED TO THE PRODUCT REPLACEMENT OR RETURN OF THE PURCHASE/LICENSING PRICE. NO OTHER ADVERTISING, DESCRIPTION OR REPRESENTATION, WHETHER OR NOT MADE BY THE OWNER OR THE OWNER'S DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE, SHALL BE BINDING UPON THE OWNER OR SHALL CHANGE THE TERMS OF THIS WARRANTY. THIS LIMITED WARRANTY GIVES YOU THE SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
Term and Termination
This license agreement takes effect upon your use of the Software and remains effective until terminated. You may terminate it at any time by destroying all copies of the Software and Documentation in your possession. It will also automatically terminate if you fail to comply with any term or condition of this license agreement. You agree on termination of this license to destroy all copies of the Software and Documentation in your possession. ALL DISCLAIMERS HEREIN SHALL SURVIVE TERMINATION.
This license agreement shall be governed by, construed and enforced in accordance with the laws of the California as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate 35-West and/or ConstructionOfficeOnline.com and/or its affiliates' intellectual property rights, 35-West and/or ConstructionOfficeOnline.com and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Choctaw County, Mississippi. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Orange County, California, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
This written license agreement is the exclusive agreement between you and us concerning the Software and Documentation and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
This license agreement may be modified only by a writing signed by you and us.
In the event of litigation between you and us concerning the Software or Documentation, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations.
As all our files are distributed with non encrypted source and not bound to particular domain, machine, or any other special identifier which would enable us to verify use. Therefore, we do not provide nor offer a refund policy of any kind except as specifically identified in the product description. Please, be very careful, we do not refund.
This license restricts the following with respect to the digital downloads: decompile, disassemble, reverse engineer, modify, lease, loan, sell, distribute or create derivative works based upon the templates or digital files in whole or in part without permission of the ConstructionOfficeOnline.com; transmit the template to any person or machine by any means without the purchase of an additional License (performed by the purchase of the same template from this site).
This license shall be governed by and construed in accordance with the laws of your country. If for any reason a court of competent jurisdiction finds any provision of this license to be unenforceable, the other provisions of this limited warranty and software license agreement shall remain in effect without limitation. Any litigation resulting out of this agreement will be heard first by a mediation party with in the county of Orange, California, USA.
Products mentioned in this agreement may be trademarks of ConstructionOfficeOnline.com. Products may also be provided by ConstructionOfficeOnline.com which were original works of others as is identified within the template file and all rights associated with this file shall remain in effect. Additional conditions may apply and should be identified within the file.
ConstructionOfficeOnline.com provides software templates for individual use only. Any fees charged and paid for templates within the purchase price of the files hosted on ConstructionOfficeOnline.com are a result of hosting and resale and shall not be construed as ownership of the file/s by ConstructionOfficeOnline.com.
ConstructionOfficeOnline.com provides no warranty for any file provided or sold on ConstructionOfficeOnline.com. However, ConstructionOfficeOnline.com does provide updates for the purchase of files for up to one year proceeding the purchase date and will do so via email notifications. It is the responsibility of the buyer to download and install any updates.
Phone support is NOT available with any purchase on this site except as specifically provided in Support Membership purchases. All other purchases allow limited support with regard to questions and not modifications or custom configurations of the files you have downloaded. Custom modifications may be provided at additional costs on a project by project basis.
Questions may be submitted to the support site where we have our FAQ and Issue Ticket system. ConstructionOfficeOnline.com will notify all past and present purchasers upon the installation of support system and will also note the discontinuance of email support at this time.
No file may be resold without the prior written permission of ConstructionOfficeOnline.com and/or the original author of such files.
Newsletters and user information
We value your privacy and appreciate your interest in the information we would share with you. We also appreciate the community of like minded individuals and the ideas expressed through a relationship of dialogue. If you wish no longer wish to receive general newsletters and correspondence, simply let us know by responding with the provided links to "Remove" your name from the distribution list.
Understand that Newsletters are different from communication related to your purchase(s) as applicable. We will continue to notify you of updates related to the templates and/or services you have purchased through ConstructionOfficeOnline.com. Discontinued service of general newsletters will not interfere with the product information we send you.