AGREEMENT BETWEEN USER AND NORTH WAY MANAGEMENT & CONSULTING LLC’S WEBSITE: WWW.ESTIMATECLAIMS.COM
The “www.estimateclaims.com” also referred to as “Estimate Claims” or EstimateClaims is a Web site comprised of various Web pages operated by Northway Management & Consulting LLC.
The Estimate Claims Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
Your use of the Estimate Claims Web Site constitutes your agreement to all such terms, conditions, and notices.
If you download any Estimate Claims application or software from any App Store or other download sites, you agree that the terms and conditions from that site will apply, and are hereby incorporated by reference.
Estimate Claims reserves the right to change the terms, conditions, and notices under which the Estimate Claims Web Site is offered, including but not limited to the charges associated with the use of the Estimate Claims Web Site.
LINKS TO THIRD PARTY SITES
The Estimate Claims Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Aerial Reports and Estimate Claims is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Estimate Claims is not responsible for webcasting or any other form of transmission received from any Linked Site. Estimate Claims is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Estimate Claims of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Estimate Claims Web Site, you warrant to Estimate Claims that you will not use the Estimate Claims Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Estimate Claims Web Site in any manner which could damage, disable, overburden, or impair the Estimate Claims Web Site or interfere with any other party’s use and enjoyment of the Estimate Claims Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Estimate Claims Web Sites.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ESTIMATE CLAIMS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESTIMATE CLAIMS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ESTIMATE CLAIMS WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ESTIMATE CLAIMS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ESTIMATE CLAIMS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE AERIAL REPORTS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AERIAL REPORTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CUSTOMER SERVICE CONTACT: email@example.com
Estimate Claims reserves the right, in its sole discretion, to terminate your access to the www.estimateclaims.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Hampshire, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, New Hampshire, the U.S.A. in all disputes arising out of or relating to the use of the Aerial Reports Web Site. Use of the EstimateClaims.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Estimate Claims as a result of this agreement or use of the Estimate claims Web Site. Estimate claims’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Estimate claims’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Estimate claims Web Site or information provided to or gathered by Estimate claims with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Estimate claims with respect to the Estimate claims Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Estimate claims with respect to the Estimate claims Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English. Estimate claims reserves the right, in its sole discretion, to cancel your order(s) at any time without notice.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Estimate Claims Web Site are: and/or its suppliers. All rights reserved
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
erms and Conditions for using services provided by www.EstimateClaims.com
Acknowledgments: You acknowledge that the Copyrighted Materials are copyrighted and belong to Estimate Claims, and the receipt and sufficiency of good and valuable consideration for being bound by this Copyright Notice and Terms and Conditions. By agreeing to these Terms and Conditions, You agree to pay for and authorize us to charge your payment method and/or debit your Account Funds Balance, as applicable, for the cost of Paid Services, Invoice balances, including any applicable taxes and fees.
Pending Payments: EstimateClaims.com may take any reasonable action to collect your pending payment for report format upgrade charges or report type variations and, collect all payments due. By placing your order online at www.estimateclaims.com, you agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you to the extent allowed by law.
Limited License: Estimate Claims hereby grants to you a non-exclusive, non-transferable license to use the Copyrighted Materials accompanying this Copyright Notice, subject to the following restrictions: You agree to use the Copyrighted Materials for internal use only, and not to reproduce or redistribute the Copyrighted Materials outside of your company. Accordingly, you may copy the Copyrighted Materials only as necessary for your internal use to (i) view on your company’s computers, (ii) save a single copy on your company’s computer hard drive or disk, (iii) print it, and (iv) transfer it to a portable computing device, provided that you do not remove any copyright notices that appear and do not modify the Copyrighted Materials in any way. You may not otherwise reproduce, copy, modify, transfer, or distribute the Copyrighted Materials in any form, for any purpose.
No Warranty: The Copyrighted Materials are provided to you “as is,” and you agree to use them at your own risk. Estimate Claims makes no guarantees, representations, or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, and fitness for a particular purpose, usefulness, use or results to be obtained from the Copyrighted Materials.
Refunds: All measurements and information on this report are subjected to statutes and regulations furnished “as-is” without any warranty of any kind expressed or implied. No guarantees can be made as to the accuracy, delivery times, installation, and local code requirements. We rely on 3rd party data including estimate imagery, measurement tools, and software to obtain accurate measurements for your structure. Estimate Claims is NOT responsible for inaccurate measurements due to faulty 3rd party data or information including human error and therefore strongly recommends physical verification of measurements before making any material purchase or offering a bid. Estimate Claims will not refund or reproduce any reports for any incorrect addresses or data provided by the client or the 3rd party. However, Estimate Claims may re-produce your report once requested by the client.
Backups: Estimate Claims is not a data storage or backup service provider. However, Estimate Claims may periodically create backups for the copyrighted material purchased for an active account (with purchase history within the past 180 calendar day period). If an account is inactive (without any purchase history for the past 180 calendar days), Estimate Claims reserves the right to delete any or all backups associated with a user account. You are responsible for backing up, to your own computer or other devices, any copyrighted material purchased. Estimate Claims shall use reasonable skill and due care in providing, reproducing the Copyright Material for an active account within a period of 180 days from the date of purchase, but Aerial Reports does not guarantee or warrant that any backups will not be subjected to inadvertent damage, corruption or loss. , TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AERIAL REPORTS DOES NOT GUARANTEE OR WARRANT THAT ANY COPYRIGHT MATERIAL YOU MAY HAVE PURCHASED THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND AERIAL REPORTS SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR. It is your responsibility to maintain the appropriate alternate backup of your copyright material and data.
Account Funds: This is an optional prepaid service offered for the purpose of either obtaining discounted pricing, store credits, or simplifying the checkout process, therefore Account Funds are non-transferable and non-refundable. Account funds may expire if there is no activity on your account for 1 year.
Disclaimer of Liability: Aerial Reports (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents, and representatives) shall not be liable to you in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the Copyrighted Materials, or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use the Copyrighted Materials, any defect or error in the Copyrighted Materials, or any breach of the Copyright Notice or Terms and Conditions, whether in an action in contract or tort or based on a warranty. In the event of an error in this report, your sole remedy will be a refund of the fees paid by you to obtain this report.
Disclaimer: All third party trademarks (including products, software, logos, and icons) referenced by Estimate Claims remain the property of their respective owners. Unless specifically identified as such, Estimate Claims use of third party trademarks does not indicate any relationship, sponsorship, or endorsement between Estimate Claims and the owners of these trademarks. Any references by Estimate Claims to third party trademarks are to identify the corresponding third party goods and/or services and shall be considered nominative fair use under the trademark law.
Indemnity: You agree to indemnify, defend and hold Northway Management and Consulting LLC (including its website: www.estimateclaims.com, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents, and representatives) free and harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, arising out of or in connection with any use or possession by you of the Copyrighted Materials.
Entire Agreement: The Copyright Notice and Terms and Conditions constitute the entire agreement between Estimate Claims and you pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law: The above Copyright Notice and Terms and Conditions shall be governed by the laws of the State of New Hampshire and the laws of the United States. You agree to submit to the jurisdiction of the State of New Hampshire for any and all disputes, claims, and actions arising from or in connection with the Copyrighted Materials provided to you hereunder or arising from or in connection with the Copyright Notice and Terms and Conditions.
Termination: Your limited license to use the Copyrighted Materials will terminate automatically without notice from Estimate Claims if you fail to comply with any provision of this Copyright Notice and Terms and Conditions. Upon termination of the Limited License, you shall destroy all electronic copies and destroy or return any written copies of the Copyrighted Materials, including all copies and modified copies made thereof, if any.
Binding Effect: This Copyright Notice and Terms and Conditions shall be binding on you and your agents, parents, subsidiaries, related companies, affiliates, successors, assigns, and each of their respective officers, directors, employees, shareholders, agents, and representatives, and all others acting by, through, or with their direction or in privity with each of them.
Estimate Claims’ Report: Reproduction or Redistribution of this report and of any Estimate Claims’ and Materials (hereinafter “Copyrighted Materials”) beyond what is expressly granted in these Terms and Conditions is strictly prohibited. Ownership of these documents and data remains with Estimate Claims and a license to use these documents and data is provided to the Requestor subject to the following Terms and Conditions. By placing an order for this report and receiving the report, you agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not make use of this report and must delete all files that contain this report and destroy all paper copies.
Northway Management & Consulting LLC
Address: 200 Innovative Way Suite 1300 Nashua, NH 03062
Customer Support: firstname.lastname@example.org