Effective Date: August 16, 2024
These Terms and Conditions (“Agreement”) govern your use of the website EJCDC.org (“Website”) and the legal documents and related services provided by Engineers Joint Contract Documents Committee (“EJCDC”, “we,” “our,” or “us”). By accessing or using this Website, you agree to be bound by this Agreement. If you do not agree to these terms, you must not use this Website.
1. Definitions
- "User" refers to any individual, entity, or organization that accesses or uses the Website.
- "Documents" refers to the legal documents available for purchase on the Website.
- "License" refers to the limited, non-exclusive, non-transferable right granted to the User to use the purchased Documents.
2. License Grant
Upon purchase, we grant you a limited, revocable, non-exclusive, non-transferable license to use the purchased Documents solely for personal or professional use in connection with your business or personal activities. The license allows for one-time use unless otherwise specified. The Documents may not be resold, distributed, or used for any other purpose contrary to the terms of the license, without our prior written consent. Nothing contained herein is intended to either grant any license to any Documents on the Website or modify any license granted to you upon purchase of any Documents
3. Intellectual Property
All content, including but not limited to text, graphics, logos, images, and documents available on this Website, is the intellectual property of us. All rights are reserved. Unauthorized use, reproduction, or distribution of any material from this Website is strictly prohibited. You may not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any text, graphics, logos, images, resources, Documents, or other things, whether tangible or intangible, on this website in any form, without our prior written permission.
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
4. Restrictions on Use
Unless you have obtained a license from us which specifically grants you the right, You may not:
- Use the Documents for any unlawful purpose.
- Remove any copyright or proprietary notices from the Documents.
- Share, distribute, or resell the Documents or any part thereof.
5. Electronic Communication
By using this Website, you consent to receive electronic communications from us in any form we choose. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
6. Responsible Use
By visiting our website, you agree to use it only as permitted by this Agreement and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish, or distribute any material which consists of (or is linked to) malicious computer software, use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
7. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We take your personal data seriously and are committed to protecting your privacy. We will not use your email address for unsolicited mail. Any emails sent by us to you will only be in connection with the provision of agreed products or services.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
8. Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
9. Third-Party Links
Our Website may contain links to third-party websites. We are not responsible for the content, accuracy, or opinions expressed in such websites. Inclusion of any linked website on our Website does not imply approval or endorsement of the linked website by us. You access third-party websites at your own risk. We are neither responsible for any privacy practices of these sites nor do we assume any risk associated therewith.
10. Warranties and Disclaimers
This Website, together with all of its content, including all Documents, are provided “AS IS” without any warranties. EJCDC DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. We do not guarantee that this Website, its content, and or any Documents will meet your specific needs or that they are suitable for your particular circumstances. You are responsible for ensuring they are appropriate for your intended use and compliant with applicable laws. EJCDC does not provide legal or financial advice of any kind. You are encouraged to consult with legal counsel prior to using or relying on any information found on or by this Website or any of our Documents. You hereby agree and acknowledge that your reliance on any such information or Documents, without first obtaining competent legal advice to ensure such information or Documents are appropriate, is unreasonable.
11. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Website or the Documents. You agree to limit any liability of EJCDC to you for all damages arising out of or related to the Website or any products and services marketed or sold through the Website, including any Documents, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to us to purchase such products or services or Documents or use of the website. Such limit will apply in the aggregate to all of your claims, actions, and causes of action of every kind and nature.
12. Accessibility
We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of our website due to your disability, we ask you to give us a notice including a detailed description of the issue you encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques we will promptly resolve it.
13. Indemnification
You agree to indemnify and hold harmless EJCDC from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website or the Documents, or your violation of this Agreement.
14. Termination
We may terminate your access to the Website at any time, with or without cause, with or without notice, effective immediately. Upon termination, all provisions of this Agreement which by their nature should survive termination shall survive. If we terminate the Website or your use of it, you agree that we have no liability for any damages of any kind. Moreover, you agree that if your access is terminated, you will not circumvent, bypass, or otherwise attempt to avoid the termination or restriction of access to or on our Website.
15. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Virginia without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be resolved in the state or federal courts located in Fairfax County, Virginia.
16. Changes to Terms and Conditions
We reserve the right to modify these Terms and Conditions at any time. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of changes constitutes your acceptance of those changes.
17. Export restrictions / Legal compliance
Access to the Website from territories or countries where the content or purchase of the products or services sold on the Website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States.
18. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
19. Assignment
We may assign, transfer, or subcontract any rights and/or obligations under this Agreement, in whole or in part, to any third party without your prior consent.
20. Breaches of these Terms and Conditions
Without prejudice to our other rights under this Agreement, if you breach this Agreement in any way, without regard to materiality, we may take such action as we deem appropriate, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you. Our failure to enforce any of the provisions of this Agreement, or failure to exercise any rights of any kind, shall not be construed as waiver and shall not affect the validity of this Agreement or any part thereof, or the right thereafter to enforce each and every provision of this Agreement.
21. Contact Information
If you have any questions about these Terms and Conditions, please contact us at info@ejcdc.org.
Mailing address: 1420 King Street, Alexandria, VA 22314
Phone number: (571) 396-5495
