Dimensions 4 Engineering, Inc. Terms Of Use

Legal Information & Notices

Agreement to Terms of Use

These Terms and Conditions of Use apply to the Dimensions 4 Engineering, Inc. (herein after called D4E) web site located at www.d4e.net, and all associated sites linked to www.d4e.net by D4E. The Site is the property of D4E. By using the Site, you agree to these terms of use.

D4E reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site means that you accept and agree to the changes. As long as you comply with these Terms of Use, D4E grants you a limited privilege to enter and use the Site.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code, including but not limited to the design, structure and arrangement of such Content, contained on the Site is owned and controlled by D4E and is protected by copyright and trademark laws, and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without D4E’s express prior written consent.

Upon request D4E may purposely make available specific information requested in advance (such as topographic maps and data) for downloading from the Site. This information may be used provided that the information is used for the purposes intended in the request.

Use

D4E reserves the right to bar the use of any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way copy or change the structure or presentation of the Site or any Content, or to obtain documents or information through any means not purposely made available through the Site. You may not attempt to gain unauthorized access to any portion of the Site, or networks connected to the Site or to any D4E server, by any unlawful means.

You may not scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of D4E, including any D4E client account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or D4E’s systems or networks, or any systems or networks connected to the Site or to D4E.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to D4E on or through the Site. You may not intentionally misrepresent who you are or impersonate any other individual or entity. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any unlawful activity or other activity which infringes the rights of D4E or others.

Links

This Site may contain links to other independent third-party Web sites. These links are provided solely as a convenience to our visitors. These sites are not under D4E’s control, and D4E is not responsible for and does not endorse the content of these sites, including any information or materials contained on such sites. Make your own independent judgment regarding your interaction with these sites.

Disclaimers

D4E DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. D4E CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. D4E DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. D4E DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR D4E SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKS. YOURDISSATISFACTION WITH THE SITE OR ANY CONTENT CAN ONLY BE REMEDIED BY YOUR DISCONTINUED USE OF THE SITE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

D4E reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will D4E be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if D4E has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold D4E its officers, shareholders, employees and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against D4E by any third party due to or arising out of or in connection with your use of the Site.

Violation of Terms

D4E may disclose any information we have about you if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with D4E’s rights or property, or the rights or property of visitors to or users of the Site, including D4E’s clients. D4E reserves the right at all times to disclose any information that D4E considers necessary to comply with any applicable law, regulation, legal process or governmental request. D4E may also disclose your information when D4E determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that D4E may preserve any transmittal or communication by you with D4E through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or D4E determines that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any such data violates the rights of others, or protect the rights, property or personal safety of its employees, users of or visitors to the Site.

You agree that D4E may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to D4E for which monetary damages would be inadequate, and you consent to D4E obtaining any injunctive or equitable relief that D4E considers necessary or appropriate in such circumstances. These remedies are in addition to any other remedies D4E may have at law.

You agree that D4E may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes requests by law enforcement or other government agencies, a request by you, discontinuance or material modification of the Site or any service offered on or through the Site, or unexpected technical issues or problems.

If D4E does take any legal action against you as a result of your violation of these Terms of Use, D4E will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted D4E. You agree that D4E will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law’s provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Sonoma County, California, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between D4E and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time, then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Feedback

D4E shall be free to use such information on an unrestricted basis including any Feedback you provide on this Site. The information contained in this web site is subject to change without notice.

Copyright © 2010-2016 Dimensions 4 Engineering, Inc. All rights reserved. Dimensions 4 Engineering, Inc., 2952 Mendocino Ave. Suite C. Santa Rosa CA, 95403

Updated by The Dimensions 4 Engineering, Inc. Legal Team on March. 1st, 2016