Welcome to the
StratusVue System - PlansandSpecs, BidVue & BIMfx
By using the the StratusVue system, you are agreeing to comply
with and be bound by the following terms of use. Please review the following
terms carefully. If you do not agree to these terms, you should not login to
review information or obtain goods, products or services from this Site.
By entering your User ID and password during the account login
process, you intend and consent to their use as an electronic signature,
equivalent to your handwritten signature as provided under applicable federal
and state law. This electronic signature shall only apply to these Terms and
Conditions. By selecting, "Login" below; you hereby authorize StratusVue system
to initiate entries to my activity log and account indicated by project Site
User access. You are responsible for maintaining the confidentiality of your
account Username and password. You are responsible for all uses of your account,
whether or not actually or expressly authorized by you. If there is a breach of
the confidentiality of a password or Username assigned to the Site User, or any
breach of security through Site Users’ account, then the Site User shall notify
StratusVue immediately by contacting Sage Construction Project Center at
info@stratusvue.com.
Understand that you are responsible for all changes to the
project web-Site in conjunction with your the StratusVue system account by you
or other authorized to act as you. You agree that notices related to this
account may be sent to you via e-mail. the StratusVue systems reserve the right
to change the Terms of Use from time to time at its sole discretion. Your use of
the Site will be subject to the most current version of the Terms of Use posted
on the Site at the time of such use.
This Agreement is void where prohibited by law, and the right
to access the Site, Materials and Services is revoked in such jurisdictions. The
Materials and Services on this Site, including, but not limited to, the
compilation of all content, are protected by copyright and/or other intellectual
property laws and any unauthorized use of the Materials or Services at this Site
may violate such laws. Except as expressly provided herein, StratusVue and its
suppliers do not grant any express or implied right to you under any patents,
copyrights, trademarks, rights in trade secrets, or other intellectual property
rights with respect to the Materials and Services or content provided.
Except as expressly permitted herein, no
portion of the Materials on this Site may be reproduced in any form or by any
means without the prior written permission of the StratusVue system. 38 West
Grand Avenue Suite 100 Fox Lake, Illinois 60020
Use of Software: The software and
accompanying documentation that are made available to download from this Site
are the copyrighted work of the StratusVue system and/or its licensors or
suppliers. The Terms of Use, any additional terms or end user license agreements
that accompany or are included with such software or that are set out below
govern use of the software. You will not be able to download or install any
software that is accompanied by or includes an end-user license agreement unless
you agree to the terms of this end-user license agreement. If you do not agree
to the terms, you will not be able to use the software. You may not decompile,
reverse engineer, or otherwise attempt to discover the source code of any of the
software available on or through the Site, unless, and only to the extent that,
applicable law prohibits contractual limitations upon your right to do so, and
then only after you have notified the StratusVue system in writing of your
intended activities.
The documents, content and information may
be used solely for personal, informational, and internal purposes. Except as
expressly permitted, the documents and information may not be modified or
altered in any way. Except as expressly permitted, the documents and information
on the Site may not be distributed without permission of the creator or project
owner. You may not remove any copyright, trademark or other proprietary notices
contained in the documents and information.
the
StratusVue system and our licensor’s reserve the right to revoke the
authorization to view, download, and print the documents, Materials, software,
and information available on this Site at any time.
Certain portions of the Site are only
available to individuals and entities that have become registered Site Users’ of
the Site as described in these Terms of Use. The Services or Materials available
to Site Users may include services provided by StratusVue and by third parties
Associates. To become a Site User of the StratusVue
system,
submit a complete registration form. By submitting a registration form, you
represent and warrant (a) that you are 18 years of age or over, and (b) you
personally are signing up as a Site User, or (iii) that you are signing up as a
Site User on behalf of an organization you have identified in the registration
form and are authorized to sign for and bind that entity; and (c) the
information on the registration form is current, complete, and accurate. Site
User is responsible to periodically review and update registration information
to ensure that it continues to be current, complete, and accurate.
the StratusVue system
reserves the right to accept or reject Site User registrations for
the StratusVue system.
Upon acceptance of Site User's
registration form, the Username and Password will be activated. Upon activation
the StratusVue system
authorizes Site User to access and use
the StratusVue system
subject to these Terms of Use.
Materials and Services available on or
through the Site are routinely updated, and
the StratusVue
system
applies commercially reasonable efforts to ensure that such information is
reliable. However, the Site User understands and acknowledges that
the StratusVue system does not control the posting or
content of all the Materials, nor will it verify the timeliness or content of
Materials.
THE STRATUSVUE SYSTEM
EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY
MATERIALS OR SERVICES ON THE SITE, OR ANY THIRD-PARTY INFORMATION OR SERVICES
AVAILABLE THROUGH A LINK FROM THE STRATUSVUE SYSTEM.
Responsibility for submission of
document and content posting: You, the Site User are solely responsible for the
content of any materials, comments, information, questions, data, feedback,
ideas, descriptions of processes, or other information submitted to the
the StratusVue system through the Site by you or at your
direction. You may only submit to the Site, content that is (a) owned and or
managed by you, (b) submitted with the express permission of the owner or
copyright holder, or (c) in the public domain. You are prohibited from posting
or transmitting to or from this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other materials that would violate any law
or the rights of others, including without limitation, laws against copyright
infringement. We reserve the right to restrict or terminate your access to the
Site at any time without notice in the event we believe you have violated the
terms of submission.
the StratusVue
system
expressly reserves the right to refuse to post on the Site and to remove from
the Site at any time any Materials submitted by a Site User at
the StratusVue system sole discretion. Site User warrants
that Site User Content will not contain content that (i) is libelous, obscene,
excessively violent, scandalous, or defamatory, (ii) contains viruses or other
contaminating or destructive features, (iii) violates the personal, proprietary,
or intellectual property rights of any third party, or (iv) violates the
Acceptable Use Policy set forth herein.
Use of Content: By using the Site, you
acknowledge that: (i)
the StratusVue system
may not pre-screen Content and, as such the
StratusVue system
does not guarantee the accuracy, integrity, or quality of such Content; (ii) you
will evaluate, and bear all risks associated with, the use of any Site User
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content; (iii) you may be exposed to content that is indecent, offensive,
or otherwise objectionable; and (iv) under no circumstances will
the StratusVue system be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content, or for
any loss or damages or any kind incurred as a result of the use of any Content.
Right to Remove or Disable Site User
Access: If
the StratusVue system
is made aware of Content that may be (i) libelous, obscene, excessively violent,
scandalous, defamatory, or that
the StratusVue
system
determines in its sole discretion to be otherwise unacceptable, undesirable, or
objectionable, (ii) a violation of any law, regulation, or rights of a third
party, including, but not limited to, rights under the copyright law and
prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of
the usage standards set forth herein,
the StratusVue
system
has the right, but not the obligation, to remove or disable access to that
Content. For Content that Site User reasonably deems to be in violation of law,
the StratusVue system shall
remove such Site User Content pursuant to
the StratusVue system
Copyright Policy here.
This Terms of Use agreement is
effective as of the date you make use of the Site, or, in the case of Materials
and Services accessible only to Site Users’, the date a Site User receives a
Username or password authorizing access to the Site, and continues in force and
effect until terminated in accordance with this Section or, in the case of a
user that has not become a Site User, immediately upon such users breach of any
of the Terms of Use.
the
StratusVue system reserves the right to immediately
terminate this Agreement effective upon written (or emailed) notice to Site User
if Site User materially breaches any of the terms or conditions of the Terms or
Use that is not cured within ten (10) days after notice from
the StratusVue system.
the StratusVue system
reserves the right to suspend access to and use of the Site pending cure of a
Site User's breach. In addition,
the StratusVue
system
or a Site User may terminate this Terms of Use agreement, for any reason or for
no reason, upon thirty (30) days’ notice to the other.
Termination is in addition to all
other legal or equitable remedies available to either party. Upon termination of
this Agreement for any reason, Site User shall cease to access or to use any
Materials or Services through
the StratusVue system.
The limitations and disclaimers of warranties, and the indemnity obligations of
Site Users’, and the provisions of governing law, jurisdiction and venue, shall
survive the Termination of this Agreement.
Site Users and any user shall, at Site
User’s or user’s own expense, as applicable, indemnify, defend, and hold
the StratusVue system and its subsidiaries, affiliates,
officers, employees, agents, co-branders, associates, suppliers, or other
partners harmless from and against any losses, costs, damages, liabilities, and
expenses (including reasonable attorneys' fees), arising out of or related to a
third-party claim, action or allegation (a) related in any way to a transaction
or dispute between a Site User and any third party, (b) based on or caused by
unauthorized access to the Site through a users’ account, (c) is based on facts
or alleged facts that would constitute a breach of any of users’
representations, warranties, or covenants under this Agreement, or (d) arising
out of a request for
the StratusVue system to remove
or disable access to any Content in or on the Site. Users’ shall not enter into
a settlement of the foregoing without
the StratusVue
system
prior written consent, and shall not incur expenses and fees in defending the
above claims, actions, or allegations without prior approval from
the StratusVue system.
These Terms and conditions of use
constitutes the entire agreement between you and
the StratusVue
system
with respect to the Site and supersedes all prior agreements or previous
discussions (written or oral) between you and
the StratusVue
system
These terms of use may be modified only by a agreement, or as follows:
the StratusVue system
may modify these terms of use by posting the new terms and conditions in the
same location the previous terms and conditions were posted. If Site User or
user continues to use the Materials, Services, or Site, then Site User and user
will be considered to have accepted the modifications.
the
StratusVue system failure to enforce any provision of
this Agreement will not be construed as a waiver of any provision or right. In
the event that a portion of this Agreement is held unenforceable, the
unenforceable portion will be construed in accordance with applicable law as
nearly as possible to reflect the original intentions of the parties, and the
remainder of the provisions will remain in full force and effect. Waiver by
either party of a breach of any provision of this Agreement or the failure by
either party to exercise any right hereunder shall not operate or be construed
as a waiver of any subsequent breach of that right or as a waiver of any other
right.
the
StratusVue system will not be liable in any amount for
failure to perform any obligation under this Agreement if such failure is caused
by the occurrence of cause beyond the reasonable control of
the StratusVue system; including, without limitation,
outages of the Internet or connections thereto, communications outages,
earthquake, fire, flood, war, or act of God; or any acts of governmental bodies
or authorities.
You agree not to use
the StratusVue system to upload, post or otherwise transmit
any data or content that is unlawful, harmful, threatening, abusive, harassing,
tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable, harm minors in any
way, impersonate any person or entity, including, but not limited to, a
the StratusVue system representative, or falsely state or
otherwise misrepresent your affiliation with a person or entity, upload, post or
otherwise transmit any content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements), upload,
post or otherwise transmit any content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party, upload, post
or otherwise transmit any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other
form of solicitation, upload, post or otherwise transmit any material that
contains software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment, interfere with or disrupt
the StratusVue
system
or servers or networks connected to
the StratusVue
system,
or disobey any requirements, procedures, policies or regulations of networks
connected to
the StratusVue system
or otherwise harass another, collect or store personal data about other users,
data, robots or similar data gathering and extraction tools, promote or provide
instructional information about illegal activities, promote physical harm or
injury against any group or individual, or promote any act of cruelty to
animals. This may include, but is not limited to, providing instructions on how
to assemble bombs, grenades and other weapons, and creating Crush or Phishing
Sites, use your project hosting Site (or directory) as storage for remote
loading or as a door or signpost to another home page, whether inside or beyond
StratusVue.
You also agree to not use
the StratusVue system to engage in commercial activities
without enrolling in
the StratusVue system
approved programs This includes, but is not limited to, the following
activities: offering for sale any products or services, soliciting for
advertisers or sponsors, conducting raffles or contests that require any type of
entry fee, displaying a sponsorship banner of any kind, displaying banners for
services that provide cash or cash-equivalent prizes to users in exchange for
hyperlinks to their Web Sites.
This Site or any portion of this Site
may not be reproduced, duplicated, copied, sold, resold, Sited or otherwise
exploited for any commercial purpose without express written consent of
StratusVue. You may not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, page
layout, or form) of Sage,
the StratusVue system
and our affiliates and Associates without our express written consent. You may
not use any meta tags or any other “hidden text” utilizing our name or
trademarks without our express written consent. Any unauthorized use terminates
the permission or license granted by us.