IMPORTANT: Please read the following, and the Privacy Statement before accessing and using this Site.
Thank you for visiting www.accuratedirectionalsurvey.com. We hope that you
will find this website ("Site") helpful and informative.
The following are the terms and conditions ("Terms") that apply
to and govern your use of this Site. These Terms also incorporate our Privacy
Statement. If you do not agree with any terms or conditions herein, or have any
questions, before proceeding contact us directly at mharv@accuratedirectionalsurvey.com,
and we will be pleased to assist you. BY CHOOSING TO ACCESS AND USE THIS SITE,
YOU ARE EXPRESSLY AGREEING TO BE LEGALLY BOUND BY THESE TERMS.
Exclusive Terms. Please note that these Terms exclusively govern your
access and use of this Site and do not alter or affect the terms and conditions
of any other agreement that you may have or enter into with any Accurate entity for any given product or service. The latter
agreement will continue to govern that specific legal relationship with Accurate.
However, some pages on this Site or areas of this Site with restricted access
("Secured Sites", including project extranets or sites engaged in
e-commerce) may require the application of additional or special terms and
conditions (for example, licensing restrictions to download software) which may
be accessed through a separate link on the home page of that Site.
Changes to Site. In order to improve our service to you, we reserve the
right to make changes in the access, operation, and content of this Site at any
time without notice. We also reserve the right to make changes in the Terms and
the Privacy Statement, so please check before each use for changes.
Secured Sites: Access to some areas on this Site is restricted to users
("Authorized User(s)") who have completed a registration process and
who have then been granted authorization for access through issuance of a
unique user ID and password ("Secured Site(s)"). No other persons
other than Authorized Users may access these Secured Sites. Registrations,
passwords, and user ID numbers are non-transferable. Due to technical
uncertainties in internet transmissions, Accurate cannot be responsible for
authenticating the identity of any person accessing a Secured Site with a
verified user ID and password. As an Authorized User, you are solely
responsible and liable to maintain the security and confidentiality of your
password and user ID, and accordingly, you are liable for all resulting access,
use and activities on these Secured Sites under this ID and password, including
any use by others "borrowing" the user ID and password, or any
fraudulent, erroneous, or unauthorized third party use. Should you become aware
that your name, identity, account, system, electronic signature, registration,
user ID, password, or other protected data or your identity is being used or
attempted to be used on a Secured Site or otherwise by an unauthorized third
party, or in the event of any other possible error, misuse or fraud, it is your
responsibility to inform us immediately upon discovery so we may take
appropriate action. We reserve the right to terminate any Authorized User's
access to and use of a Secured Site at any time, and without notice, including
but not limited to any possible or alleged misuse, abuse, violation of law,
fraud, or misconduct by any person accessing or using the Secured Site under a
user ID and password.
Copyright Notice. You acknowledge that, unless otherwise specifically
designated, Accurate is the sole owner of all intellectual property rights to
this Site and its contents, including but not limited to copyright protection
for all content, including the design, layout, graphics, photos, format, and
other visual elements of the Site. All ownership rights pertaining to the
information and material contained on this Site, including but not limited to
the Accurate name, logos, trademark, graphics, photos, images, and content, are
owned or have been duly licensed by Accurate, WITH ALL RIGHTS RESERVED. The
Site pages and content may be electronically copied or printed in hard copy for
internal informational, personal or non-commercial use only, provided that no
modifications are made, it is not published in any media, and on each page of
ever internal copy, Accurate is acknowledged as the source with a copyright
symbol. You are not granted any license to use the content. Any use other than
that set forth above, including the non-internal reproduction, modification,
copying, display or use of any copyright-protected Accurate or other logo,
graphic, photo or image, without the prior written permission of Accurate, is
strictly prohibited and will be enforced to the full extent of the law. Except
for data and information submitted pursuant to an existing agreement with Accurate,
any ideas, material, or content submitted by any user on or through this Site
(including by e-mail) is, to the extent you own the intellectual property
rights, the sole property of Accurate, and Accurate has no obligation of
confidentiality nor are we responsible for any claims of infringement or
misappropriation that may result from any submission. Personal information
submitted will be treated in accordance with our Privacy Statement. Accurate
makes no guarantee, representation or warranty that the content of this Site or
its use will not infringe upon the intellectual property right of any person,
nor that the use, transfer, reproduction, distribution, transmission, or
storage of any Site content outside the United States is in compliance with the
laws of any other governmental authority or jurisdiction which may be
applicable.
No Warranties Provided. The information on this Site is provided for
general information purposes only. While Accurate strives to provide timely,
accurate and complete information, you may discover some inadvertent typographical,
technical, factual, or other errors or omissions in the information provided.
Please bring them to our attention at mharv@accuratedirectionalsurvey.com.
Since such mistakes may occur, ACCURATE MAKES NO GUARANTEES, WARRANTIES OR
REPRESENTATIONS, EXPRESS OR IMPLIED, CONCERNING THE SECURITY, TIMELINESS,
RELEVANCY, SUFFICIENCY, ACCURACY, RELIABILITY, FITNESS FOR ANY PARTICULAR
PURPOSE, TITLE, NON-INFRINGEMENT OR COMPLETENESS OF ANY DATA, INFORMATION, OR
SERVICES FURNISHED TO YOU ON OR THROUGH THIS SITE, OR CONCERNING THE
INFORMATION YOU PROVIDE TO US. WE ARE PROVIDING THE INFORMATION AND OTHER
CONTENT CONTAINED HEREIN ON AN "AS IS, WHERE IS, AS AVAILABLE" BASIS,
AND ALL WARRANTIES (EXPRESS OR IMPLIED) ARE DISCLAIMED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
User Conduct. For the convenience of our users, some areas on this Site may
allow for interactive communication, some of which may be conducted in
"real time". You agree not to post any content which is or may be, in
whole or in part: false, unlawful, criminal, fraudulent, misleading,
infringing, libelous, slanderous, defamatory, profane, racist, sexist,
threatening, inflammatory, obscene, invasive of personal or privacy rights,
advertising, promoting or soliciting for commercial purposes, containing any
known viruses or bugs, or which is otherwise harmful, offensive, inappropriate,
or unprofessional. Accurate has no obligation to monitor, screen, filter or
edit any information, communication, or content that is directly posted by or
shared by users on the Site, however we may at our discretion from time to time
monitor use of the Site, and we reserve the right to delete or edit any
objectionable content posted or submitted by authorized users, terminate the
user's access to the Site, deny future access, or take any other action we deem
appropriate under the circumstances. Please report any such violations to us at
mharv@accuratedirectionalsurvey.com. Accurate will handle any personally identifiable
data or information posted by you in accordance with our Privacy Statement,
however, any third party liability or usage which may arise from your posting
will be solely at your own risk. Information obtained through monitoring our
Site may also be used for duly authorized law enforcement investigations. We
also reserve the right to identify and investigate inquiries to the extent
required to comply with applicable laws and regulations, including but not
limited to
U.S.
export control laws and executive orders. Accurate will have no liability for
any content posted by users on any Site (including Secured Sites).
Compliance with all Laws. This Site is operated from servers located in
Houston
,
Texas
.
You agree that your use of this Site will be in compliance with all relevant
and applicable laws and regulations, which shall include but not be limited to
U.S.
export
control laws and executive orders. The information provided on and through this
Site or any Secured Site may be deemed in some cases to be controlled
technology and subject to the export control restrictions of the
United States
.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND
REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER
AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE
"CONTROLLED" AS DEFINED BY LAW. This Site may not be accessed or used
by any national of certain countries or groups against which the
United States
has instituted sanctions
(including
Iran
,
Libya
,
Iraq
,
Cuba
, the
Sudan
, and
members of some Angolan and Serbian groups), Specially Designated Nationals,
and other proscribed persons who are listed on the Denied Parties list. Due to
technical uncertainties preventing verification of the identity and ultimate
point of access by any person attempting to access or use the Site, including
any Secured Site, your access of the Site, including the presentment of any
authorized user ID and password, constitutes your express representation that
(1) the person attempting access there under is not a national of any such
sanctioned country or group or a Specially Designated National, and (2) is not
included on such Denied Parties list, and (3) that, if an Authorized User, you
have not disclosed or provided such password and user ID to any such person for
use under your registration. Users shall be fully liable and subject to
prosecution to the full extent of the law for any violations of this paragraph,
and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD ACCURATE HARMLESS
FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
Site Security. So that this Site remains to the extent possible open and
available to all users, we have mechanisms in place to identify unauthorized
attempts to gain access to Secured Sites, upload or change information or any
image, inject any harmful elements, or otherwise cause damage. Regardless, even
though we strive to keep these mechanisms up to date, due to the technical
uncertainties, we are unable to make any representation or warranty that the content,
information, or links in this Site are secure and free of data-processing
errors, technical glitches, operational problems, interruptions, errors, bugs,
worms, viruses, unauthorized third party access, or any other harmful elements.
YOU REMAIN SOLELY RESPONSIBLE FOR THE SECURITY AND PROTECTION OF YOUR SYSTEMS
WHEN USING THIS SITE. Unauthorized attempts to upload, insert, or change any
information or image on this Site or cause harm are strictly prohibited and may
be punishable to the full extent of the law, including the Computer Fraud and
Abuse Act and the National Information Infrastructure Protection Act.
Outside Links. For your information or convenience, this Site may contain
direct links or hyperlinks to websites that are maintained by third parties.
When clicking on such a link, you are leaving our Site. Therefore, Accurate has
no control over, does not endorse, and is not liable for, the quality,
operation, reliability, compliance with laws, ethics, business practices, nor
content of such third party websites, or for any product or service advertised
or provided therein. Any transactions with such third parties, including
provision of your personal information, are strictly at your own risk. We
expressly disclaim all liability arising from your access of and for the
content contained within or through any such third party website.
Access Outside
United States
. If you are accessing
this Site from outside the United States, you are doing so at your own risk,
and you remain fully responsible and liable for familiarity and compliance with
these Terms as well as with the laws, regulations, directives, codes, and rules
of the United States, including its export compliance laws and regulations, as
well those of the jurisdiction from which you are accessing the Site, and any
other applicable jurisdiction which may be involved in the access,
transmission, routing, receipt, disclosure, storage or use of information on
this Site, or any commercial transactions conducted on or through this Site.
Privacy. The use of your personal information given to us during your visit
to our Site is governed by the Accurate Privacy Statement, which is posted on
this Site and incorporated into these Terms. You agree that any personal
information you choose to provide to us will be accurate and truthful to the
best of your knowledge.
LIMITATION OF LIABILITY AND INDEMNIFICATION. YOU AGREE THAT ACCURATE AND
ITS AFFILIATES AND DIVISIONS, CUSTOMERS, PARTNERS, AND THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS,
ASSIGNEES, SUCCESSORS, INSURERS AND AGENTS, ARE NOT LIABLE IN ANY RESPECT FOR
ANY DAMAGES (INCLUDING FOR ANY SPECIAL, INDIRECT, ECONOMIC, EXEMPLARY,
INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR LOSS OF ANY NATURE WHICH MAY OCCUR AS A
RESULT OF YOUR ACCESS AND USE OF THIS SITE.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ACCURATE AND ITS
AFFILIATES AND DIVISIONS, ITS CUSTOMERS AND JOINT VENTURE PARTNERS, AND THEIR
RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, VENDORS, ASSIGNEES, AND
AGENTS, FOR ANY COSTS, CLAIMS, DAMAGES, LOSSES, OR OTHER LIABILITIES ARISING
FROM YOUR USE OF THE SITE IN BREACH OF THESE TERMS OR IN VIOLATION OF LAW.
SHOULD THE ABOVE PROVISIONS BE HELD TO BE UNENFORCEABLE FOR ANY REASON, IN
WHOLE OR IN PART, COMPANY'S AGGREGATE LIABILITY TO YOU FOR ANY REASON CONNECTED
TO YOUR USE OF THIS SITE WILL IN NO EVENT EXCEED THE SUM OF $100.00. ALL OTHER
TERMS AND CONDITIONS HEREIN WILL REMAIN IN EFFECT IN THE EVENT ANY PROVISION
SHOULD BE FOUND UNENFORCEABLE.
Applicable Law and Dispute Resolution. You agree that these Terms will be
interpreted under the laws of the State of
Texas
, regardless of any conflicts of laws
rules, and regardless of the laws of any other jurisdiction which may be
asserted. Any dispute or claim which you may have ("Claim") arising
from your access or use of the Site shall be first submitted in writing to Accurate
within one month (30 days) from the occurrence of the event upon which such
Claim is alleged to be based, or such Claim shall be deemed waived. Any Claim
which has been properly submitted to Accurate which has not been resolved
within a reasonable period time not to exceed six (6) months may be submitted
to binding arbitration as an exclusive alternative to litigation. YOU EXPRESSLY
WAIVE ANY RIGHT TO BRING ANY LITIGATION IN ANY JURISDICTION AGAINST ACCURATE
BASED ON YOUR ACCESS OR USE OF THIS SITE OR UNDER THESE TERMS. Any arbitration
will be administered by the American Arbitration Association in
Houston
,
Texas
,
in accordance with its applicable commercial rules and procedures. Any arbitral
award will specifically exclude any special, indirect, incidental, exemplary,
punitive, or consequential damages.
Thank you for visiting www.accuratedirectionalsurvey.com. If you have any
questions, comments, or suggestions concerning this Site, we would like to hear
from you. Please contact mharv@accuratedirectionalsurvey.com.
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