BIMSTOP WEBSITE AND BIM CONTENT TERMS OF USE AGREEMENT
Any User ("User") accessing the BIMSTOP.com website (the "Website"), which is owned and operated by Barrington Architecture and Design Limited ("BARRINGTON ARCH"), and/or using any BIMstop Models or BARRINGTON ARCH Products (collectively referred to herein as the "Products") by accessing the Website shall hereby agree to the following BIMstop Website and Products Terms of Use Agreement ("Agreement") as a condition for being able to access the Website and use and access the Products:
BACKGROUND
BIMSTOP operates a Website that hosts manufacturer and generic 3D parametric CAD models for use in construction project drawings and BIM models. The Products are for Users’ building needs, e.g. construction, architectural and other such businesses, by facilitating the location, selection, and specification of suitable third party products.
TITLE
The entire title, ownership rights and all intellectual property rights in and to Website and the Products, including without limitation, all images, html and text, remains with BARRINGTON ARCH. This Agreement is not a sale and nothing contained herein will be deemed to grant User any right, title or interest in, or to, the intellectual property rights in the Website and Products. All materials contained on the Website are the copyrighted property of BARRINGTON ARCH, its affiliated companies and/or partners or affiliates.
GRANT
User is permitted to view and download material from Website as long as the use of such material does not compete with BARRINGTON ARCH or BIMstop or misrepresent BARRINGTON ARCH’S or BIMstop’s connection to the material. User is granted permission to access Website and is permitted to use these "Products" only for the limited purpose of preparing construction specification, drawing and BIM documents as authorizsed in this Agreement. User shall not reproduce, adapt, distribute, display or publish "Products" without BARRINGTON ARCH’S explicit permission. User shall not use Website and/or "Products" to create content for third parties or that can be linked to or framed by other websites in any way.
TERMINATION
BARRINGTON ARCH reserves the right to terminate this Agreement at any time. Permission to use this Website and/or "Products" will terminate immediately if User breaches any of the terms of this Agreement. Upon termination, User must discontinue all use of Website and/or Specification.
LEGAL DISCLAIMER
As a condition for being allowed to use and access this website, users are hereby specifically agreeing to accept and abide by the following legal disclaimer. If you have any questions regarding this legal disclaimer, please contact BIMstop at [email protected] before continuing your use of this website.
DISCLAIMERS OF WARRANTIES:
The products, offerings, content and materials on this website are provided "as is" and without warranties of any kind, either express or implied. BIMstop disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, compatibility, security, accuracy or non-infringement. Neither BIMstop, any of our affiliates, or any our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components. Any product, offering, content or material downloaded or otherwise obtained through the use of this website is done at user’s sole risk and user will be solely responsible for any damage to user’s computer system or loss of data that results from the download of any such product, offering, content or material. All specifications represent the applicable information available at the time of its publication. individual manufacturers reserve the right to change their information from that which is used on this website at any time without any notice to users. Latest updates regarding changes or modifications to individual specifications may be obtained by contacting the manufacturer and/or its website. Neither BIMstop nor its affiliates, respective licensors, licensees, or service providers make any representations regarding the use of the results of the products, offerings, content and material in this website in terms of correctness, accuracy, reliability or otherwise. Further, please note that no advice or information, obtained by user from our personnel or through this website shall create any warranty not expressly provided for in this agreement.
EXCLUSION OF DAMAGES AND RELEASE FROM LIABILITY
To the maximum extent permitted by applicable law, in no event shall barrington arch or its affiliates be liable for any type of damages, such as special, incidental, punitive, indirect or consequential damages, including but not limited to, lost revenue, lost profits, replacement goods, loss of technology, rights or services, loss of data, or interruption or loss of use of service or equipment, that may be sustained by user or by any other third party arising from or related to user access to this website and/or user use of the "products", even if barrington arch was advised of the possibility of such damages, and whether such damages arise under theory of contract, tort (including negligence), strict liability or otherwise. By using this website user hereby, on behalf of user and user heirs and representatives, specifically release barrington arch, its affiliates and their officers, directors and employees from any and all liability for any of these damages that you may sustain.
LIMITATIONS OF LIABILITY AND REMEDIES
Notwithstanding any damages that user might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of barrington arch and its affiliates under any provision of this agreement and user’s exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you, if any, to access the website. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
GOVERNING LAW
This Agreement is governed and shall be construed in accordance with the internal laws of the New Zealand, and any action arising out of or in any way connected with this Agreement shall be brought only in a New Zealand Court.
ACCEPTANCE OF TERMS
By using and visiting the BIMstop.com website, user is confirming the acceptance and willingness to abide by all of the terms of this Agreement and any amendments hereto. If user does not accept any of the terms of this Agreement, as amended from time to time, then please discontinue the user use of this website. The terms of this Agreement may be amended by BARRINGTON ARCH from time to time, so please review this Agreement periodically to confirm the user acceptance of the most recent version.