PLEASE READ THE FOLLOWING TERMS AND CONDITIONS VERY CAREFULLY. BY ACCESSING, DOWNLOADING, OR OTHERWISE USING THIS APPLICATION OR ANY CONTENT AVAILABLE ON THIS APPLICATION, YOU AGREE TO THE FOLLOWING TERMS OF USE AGREEMENT. YOU DO NOT HAVE TO SIGN ANY AGREEMENT TO BECOME BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE CONSTRUCTION INSTRUCTION APPLICATION.

Terms of Use

Construction Instruction Productions, LLC (referred to herein as “CI”) provides or enables access to information (the “Content”) on this application (the “Construction Instruction Application”). Use of the Construction Instruction Application and the downloading of the Content by you is subject to the following legally binding terms of use (the “Terms of Use”). You agree and admit that any use of the Construction Instruction Application or the Content that is not expressly permitted under these Terms of Use violates CI’s rights and entitles CI to all remedies available under these Terms of Use, at law, or in equity, including, without limitation, damages and/or an injunction.

The Terms of Use may be modified at any time and without prior notice. Modifications shall be effective as soon as the same are posted on the Construction Instruction Application. You may determine when these Terms of Use were last revised by reviewing the content under the “Last Updated” section on this Application. By your use of the Construction Instruction Application or access to the Content, you accept all such modified Terms of Use. These Terms of Use, as and if modified, shall remain in force until terminated by CI. CI has no obligation to keep the Construction Instruction Application or the Content up-to-date, and information accessed at or downloaded from the Construction Instruction Application may have been superseded or changed. You should review these Terms of Use each time you use the Construction Instruction Application as the Terms of Use may have changed.
These Terms of Use, and all claims relating to the use of the Construction Instruction Application and the materials contained herein, shall be governed and construed in accordance with the laws of the United States of America and the laws of the State of Colorado, USA, excluding any Colorado laws that may direct the application of the laws of another jurisdiction. You agree to comply with all applicable laws and regulations governing your use of the

Construction Instruction Application.

These Terms of Use are in addition to any other agreements between you and CI. If a separate written agreement and these Terms of Use are in conflict, the terms of the separate written agreement between you and CI shall govern, but both shall be given full effect otherwise.

Copyrights, Trademarks and Related Matters

You acknowledge that CI owns all right, title, and interest in and to the Construction Instruction Application and all proprietary information of CI contained in the Construction Instruction Application, all of which is protected under applicable intellectual property and other laws in force now or in the future worldwide, including United States and international trade secret, unfair competition, copyright, trademark, and patent laws. CI has exclusive rights to use the trademarks Construction Instruction or the CI logo in connection with its business and sale of services marketed by it. You agree that you will not (and you will not allow anyone else to) infringe or violate CI’s rights under any such laws or to unlawfully use or copy (or enable anyone else to use or copy) any part of the Construction Instruction Application, the Content, or such trademarks. If you breach or threaten to breach your promise not to infringe, use, or copy (or you enable anyone else to do so) CI is entitled to an order of a court with jurisdiction enjoining your unlawful actions and to a judgment against you for all damages incurred by CI in connection with your breach or threatened breach, including all attorney’s fees incurred by CI in obtaining damages, an injunction, or other remedies.

Effective date; Termination; Enforcement

These Terms of Use are effective until modified or terminated. CI may terminate your access to the Construction Instruction Application or the Content at any time for any or no reason. Your permission to use the Construction Instruction Application or the Content terminates automatically upon your breach of or failure to abide by these Terms of Use. You may choose to stop using the Construction Instruction Application or the Content at any time without notice to CI. If you stop using the Construction Instruction Application or Content, you will remain bound by the version of the Terms of Use that was available at the time of your last access or use. Breach by you of the Terms of Use entitles CI to damages and/or a court ordered injunction, and to recover all attorney’s fees incurred by CI in the enforcement against you of this Agreement. You agree to indemnify and save CI harmless from and against all claims, losses, liabilities or expenses, including without limitation attorney’s fees, arising from or in connection with your use of the Construction Instruction Application and/or the Content, or from your violation of these Terms of Use.

No Warranty

CI provides the Construction Instruction Application and all Content for informational purposes only and its use is a privilege to the user. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE CONSTRUCTION INSTRUCTION APPLICATION AND THE CONTENT. CI MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE CONSTRUCTION INSTRUCTION APPLICATION OR THE CONTENT. USE OF THE CONSTRUCTION INSTRUCTION APPLICATION OR THE CONTENT IS AT THE SOLE RISK OF THE USER. THE CONSTRUCTION INSTRUCTION APPLICATION AND THE CONTENT IS PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. ALL IMPLIED WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE HEREBY EXPRESS EXCLUDED AND DISCLAIMED.

SPECIFICALLY, CI DOES NOT REPRESENT OR WARRANT THAT THE CONSTRUCTION INSTRUCTION APPLICATION AND/OR THE CONTENT ARE (1) ERROR FREE, (2) AVAILABLE FOR USE, (3) OPERABLE OR FUNCTIONAL, OR (4) CAPABLE OF MEETING THE REQUIREMENTS OF THE USER. CI DOES NOT GUARANTEE THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE CONSTRUCTION INSTRUCTION APPLICATION AND CONTENT AND CI IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS OR THE RESULTS OBTAINED FROM THE USE OF THE CONSTRUCTION INSTRUCTION APPLICATION AND/OR THE CONTENT.

YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE YOU SUFFER OR FOR ANY LOSS THAT MAY RESULT FROM USE OF THE CONSTRUCTION INSTRUCTION APPLICATION OR THE CONTENT. NO INFORMATION OBTAINED BY YOU FROM THE CONSTRUCTION INSTRUCTION APPLICATION OR THE CONTENT MAY CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE. CI IS NOT OBLIGATED TO PROVIDE YOU WITH ANY SUPPORT SERVICES IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE CONSTRUCTION INSTRUCTION APPLICATION OR ANY CONTENT.

All Content is provided without warranty for non-infringement. Access and use of the Construction Instruction Application and any Content therefrom and all links are subject to all applicable laws regulating the use of the Internet and those relating to the use of information. The Content, including without limitation, all information, software, products, text, graphics, charts, pictures, images, documents, line art, icons, and renditions are protected by federal copyright law against unauthorized copying. You may not copy, distribute, alter, post or frame any aspect of the Construction Instruction Application or the Content. The Content may include inaccuracies, typographical errors or other erroneous information. CI makes no warranty or promise that defects or errors in the Construction Instruction Application or the Content will be corrected. BY USING THE CONSTRUCTION INSTRUCTION APPLICATION, YOU WAIVE ANY AND ALL CLAIMS, LOSSES OR DAMAGES CAUSED OR AGGRAVATED BY OR ALLEGED TO BE CAUSED OR AGGRAVATED BY USE OF THE CONSTRUCTION INSTRUCTION APPLICATION OR ANY OF THE CONTENT, WHETHER SUCH CLAIMS, LOSSES OR DAMAGES ARE BASED IN CONTRACT, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY,
PRODUCT LIABILITY, BREACH OF WARRANTY OR ON ANY OTHER THEORY OF LIABILITY COGNIZABLE AT LAW OR IN EQUITY. IN NO EVENT SHALL CI BE LIABLE FOR, AND YOU WAIVE ALL CLAIMS AGAINST CI ARISING OR ALLEGED TO ARISE IN CONNECTION WITH, USE OF THE CONSTRUCTION INSTRUCTION APPLICATION OR ANY CONTENT, INCLUDING WITHOUT LIMITATION CLAIMS OR ALLEGED CLAIMS FOR OR IN RESPECT TO, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR ANY LOST PROFITS. THIS IS TRUE EVEN IF CI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR OTHERWISE SHOULD REASONABLY FORESEE ANY SUCH DAMAGES OR LOSSES.

THIS AGREEMENT IS INTENDED TO HAVE THE BROADEST POSSIBLE SCOPE UNDER APPLICABLE LAW BUT IS NOT INTENDED TO EXCLUDE OR LIMIT ANY RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. RIGHTS OR LIABILITIES ARE EXCLUDED OR LIMITED ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Jurisdiction and Venue for Legal Proceedings/Limitation of Actions

You hereby consent to the exclusive jurisdiction and venue in the state courts in Colorado Springs, El Paso County, Colorado or in the U.S. District Court for the District of Colorado for all disputes (a) arising out of, relating to, or concerning the Construction Instruction Application, the Content and/or this Agreement, (b) in which the Construction Instruction Application, the Content and/or this Agreement is an issue or a material fact, or (c) in which the Construction Instruction Application, the Content and/or this Agreement is referenced in a pleading filed in court. You further agree that any claim or cause of action that you have or acquire and arising out of or related to use of the Construction Instruction Application and/or the Content and/or this Agreement must be filed by you within one (1) year after such claim or cause of action arose or be forever barred. Use of the Construction Instruction Application is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this section and the warranty disclaimers and liability exclusions set forth above.

Miscellaneous

This Terms of Use Agreement is the complete and exclusive statement of the agreement between you and CI with respect to use of the Construction Instruction Application and Content and supersede all other communications or agreements (whether oral, written or otherwise) relating thereto. Failure of CI or you at any time to require performance of any provision of these Terms of Use does not affect such party’s right at a later time to enforce the same. No waiver(s) by either CI or you of any breach of this Agreement, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement. If any provision of this Agreement shall be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving the rights and reasonable expectations of CI and you as stated above. The section headings in this Agreement are for convenience only and have no other effect.

Last Updated

This Terms of Use Agreement was last updated April 23rd, 2015.