Terms of Access
REVIEW THESE TERMS OF ACCESS.
All access to and use of this site, the information and applications provided herein is subject to these terms. Entering into or accessing this site indicates that you have reviewed these terms and agree to be bound by them. Access to this site is limited to the provision and sale of products and services to our clients within the United States of America. Any access or attempt to access any other system or information is strictly prohibited. The use of this site and the information provided herein is limited to a legitimate business purpose.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Rosenbaum Design Group (RDG) and protected by U.S. and international copyright laws. Similarly, the compilation of all content on this site is the exclusive property of RDG and protected by such laws. All software used on this site is the property of RDG or its software supplier and protected by the same laws.
How You May Use Our Materials
You may download, use, and copy the materials found on the RDG web site, with the exception of materials located within any password protected areas (ie. FTP / Project Management Area (PMA) [see “Disclosure and Use of Your Communications”], for your personal, noncommercial use only, provided that all copies that you make of the materials must bear any copyright, trademark or other proprietary notice located on the site which pertain to the material being copied. Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent, or other intellectual property right in the material or the products, services, processes or technology described therein. All such rights are retained by RDG, its subsidiaries, and/or third party owner of such rights. You may not create framed or deep links to RDG web site without express written permission from RDG. You agree that any copy of any page or screen print will include the copyright notice. You do not have permission to further reproduce, modify, distribute, transmit, republish, display or perform the content on this site.
This site contains many trade and service marks of RDG and our clients. All marks are the property of their respective owners and all rights in the intellectual property contained in this site are reserved.
How You May Use Our Marks
You are not authorized to use any RDG or client’s name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of RDG or its client. Requests for authorization should be made to RDG’s Trademark Manager. The trademarks included in this site may not be used in connection with any product or service that is not RDG’s or the trademark owners’, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits RDG or the trademark owner.
THIS SITE IS PROVIDED BY RDG ON AN “AS IS” BASIS. RDG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, RDG DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, RDG DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED OR FREE FROM ERRORS OR VIRUSES. RDG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Use of RDG’s Project Management Area (“P.M.A.”)
Drawings prepared by Architect (A.K.A. “RDG”) or Architect’s professional consultants that may be relied upon by Contractor (A.K.A. “Contractor Consultant and/or Owner”), pursuant to the conditions of the contract between the Owner and Prime Contractor, are limited to those printed drawings that are signed and sealed by the Architect or the Architect’s professional consultants and are identified as Contract Documents in the Agreement between the Owner and the Prime Contractor, subject to any approved changes thereto. Files of text, data, graphics or other information transferred via FTP (A.K.A. “P.M.A.”) download are not Contract Documents and are furnished by the Architect hereunder solely for the convenience of the Contractor and for the limited purpose stated above. Any information or data obtained or derived from such electronic files will be used at the Contractor’s sole risk. The Contractor is responsible for field verifying all measurements as well as coordination with all respective trades. The Architect’s title block or other information identifying the Architect or the Architect’s professional consultants has or should have been omitted from files downloaded via FTP and this Agreement grants no right to reproduce or otherwise utilize such information. Under no circumstances, shall the furnishing of files via FTP download, under this Agreement, be deemed a sale of a product. Architect makes no warranties, express or implied, in agreeing to furnish files via FTP download to Contractor. Contractor understands that data stored on electronic media and in electronic form can deteriorate or be modified inadvertently and that errors and anomalies can be introduced into the data from the use of software application packages, operating systems, or computer hardware differing from those used by the Architect or the Architect’s professional consultants. Contractor acknowledges and assumes all such risks. Contractor also recognizes that changes or modifications to the Architect’s drawings or other instruments of service, including but not limited to files of text, data, graphics or other information downloaded via FTP or transferred otherwise, which are introduced by anyone other than the Architect, may result in adverse consequences which cannot be predicted or controlled. Therefore, and in consideration of Architect’s agreement to furnish the above described information or data via FTP download, Contractor agrees to the fullest extent permitted by law, to indemnify and hold Architect and Architect’s professional consultants harmless from and against any and all claims, liabilities, losses, damages or costs, including but not limited to reasonable attorney’s fees, arising out of or in any way connected with the conversion, modification, misrepresentation, misuse or reuse, by Contractor or others, of information and data furnished by Architect under Architect’s agreement and under these Terms of Access.
Links to Other Sites
RDG has not reviewed all of the sites linked to this web site. RDG is not responsible for any off-site pages or any other sites linked to this web site. The inclusion of any link to such a site does not imply endorsement by RDG of the site and is provided merely as a convenience to our clients. Your linking to any other off-site pages or other sites is at your own risk.
Disclosure and Use of Your Communications
Postings to this site and electronic mail delivered to RDG, with the exception of materials uploaded to any password protected areas (ie. FTP / PMA area) by authorized clients, consultants or contractors and/or their agents of RDG, are not confidential and RDG shall not be liable for any use or disclosure thereof. Do not send us any confidential or proprietary information. Any communications, information, data or other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to RDG by any means are and shall remain, the sole and exclusive property of RDG and may be used by RDG for any purpose whatsoever, commercial or otherwise, without compensation or restriction. You can print copies of the Terms of Access by clicking on the “Print” function. We may update this policy from time to time so please review it periodically.
RDG recognizes the importance of protecting information transmitted via the site and will take reasonable security precautions to protect such information. However, RDG cannot guarantee that any exchange of information is totally secure. RDG will take reasonable measures at the site to secure and protect all customer-specific information from loss, misuse, and alteration. However, the user takes all responsibility for, and shall hold RDG harmless for, administering and maintaining the security and confidentiality of user IDs and passwords. RDG shall not be responsible for any consequential or incidental damages, loss, misuse or alteration of client information.
Projections and Forecasts
The content of the RDG web site may contain projections and other forward-looking statements regarding future events. Such statements are only predictions and actual events or results may differ materially.
Governing Law; Limitations
These Terms and Conditions shall be construed, interpreted and performed exclusively, without regard to its conflict of law principles, under the laws of the State of New York, United States of America. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen, unless otherwise specified in these Terms of Access. The provisions of the Uniform Commercial Code as adopted by the State of New York shall apply.