AnswersByEngineers.com (referred to as “Website”) welcomes its visitors and its registered members. The administration of the Website and the Website’s management team (including any owners, directors, officers, or managers) is collectively referred to as “Management”, “we”, “us”, or “our”. Please read the following Website terms of use (“Terms”, “Terms of Use”, “Terms and Conditions”, or “Terms of Service”) before using the Website. By accessing and using the Website, you agree to be bound by all the Terms set forth herein. If you do not agree with these Terms, your sole recourse is to leave the Website immediately. Management reserves the right to make changes to these Terms at any time as it sees fit. You are responsible for reviewing the Terms on a regular basis in case of such updates, and for being familiar with them. However, we will, to the best of our ability, notify you when we have made changes to or updated these Terms. You understand and agree that you are acknowledging and agreeing to the most current version of the entire Terms of Service every time you log in, view, or otherwise use the website and its content in any way.

1. GENERAL

Any consent by the Website to, or waiver of, a breach of these Terms which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer agreement or any right or obligation hereunder these Terms (“Agreement”). If any term or provision of these Terms is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. These Terms are not intended to create a partnership, joint venture, or agency relationship between other parties. Except for any agreements with the Website that expressly reference these Terms, this is the entire agreement between you and the Website relating to the matters contained herein.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any content appearing on the Website without the express prior written consent of the Management. Depending on the permissions given to you by the Management at the time, you may download, print and reproduce the content posted on the Website for your own non-commercial and informational purposes only, provided you agree to maintain any and all copyright or other proprietary notices contained in such content, and to cite the URL Source of such content as well as any trademark, copyright, and other proprietary rights notices appearing within the content. Reproduction of multiple copies of such content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of the Management.

By use of the Website, you understand and acknowledge that the Website is managed and run privately and independent from any professional association, society, and/or regulatory body (collectively referred to as “Professional Bodies”), regardless of the level of involvement in any capacity of the Website’s users, advisors, administrators, or Management with any Professional Bodies.

By use of the Website, you further agree and acknowledge that all information presented within the Website, including but not limited to posts, questions, answers, any third party messages, links, or advertisements do not reflect the views of the Website or its Management, and that the Website administrators or Management may review the information, but do not guarantee, express or implied, the accuracy of the information. As such, you agree to not hold the Website or its Management responsible for your viewing or using the information presented within the Website for any purpose. For further information on limitation on use of the Website, refer to the Member Responsibilities And Restrictions On Use Of Website section of these Terms.

You may contact us with any questions or concerns at info@answersbyengineers.com.

2. REGISTRATION

To access certain or all portions of the Website, you may be asked to complete an online registration form. In consideration for your use of the Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you to, and to update that registration information as soon as possible after any information on such registration forms changes. Upon completion of your registration information and acceptance of your registration by Management, you will become a registered member of the Website (referred to as “Member”).

Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify Management of any unauthorized use of your password or username or any other breach of security.

Management reserves the right in its sole discretion to suspend or terminate your registration and membership or to restrict access to the Website at any time if it suspects that you have not complied with any portions of the Terms of Use, or for any other reason that Management determines in good faith are necessary or appropriate, including if Management suspects you are using or attempting to use the Website in any way that violates applicable laws or regulations. The Website and its Management are not responsible to you or other third parties for any loss or damage that may result from their refusal to provide you access to the Website or any portions of it.

Some Members may be appointed by Management to act as moderators (“Moderators”). Moderators may volunteer their time and experience for assisting other Members in use of the Website. One primary activity of Moderators is reviewing and approving posts or other submittals by Members. Any such review and approval of submittals by the Moderators is based solely on whether the submittal meets guidelines set forth by the Website, and is not in any way based on accuracy or reliability of the submittal. To avoid any potential perceived conflicting interests, Moderators may or may not identify themselves as Moderators or other terms relating to acting within such capacity. Furthermore, unless otherwise specifically specified in writing by the Website, no Moderators or any other Members are employees or agents of the Website. All Members, including Moderators, participate on the Website in their individual capacities and not as a representative of the Website. Any Member serving as a Moderator is solely responsible for all their activities in that capacity.

3. PRIVACY POLICY

The information you provide during registration is divided into 2 categories: Personal Information and Professional Information. We have classified Personal Information as information that can be used to directly identify who you are and to locate and contact you. This information includes: your name, last name, email address, company name, and company address. All other information is considered your Professional Information. Your Personal Information will be used by the website management to identify and verify who you are, and also for the purpose of important communication with you. We do not sell, trade, or disclose this information to any third parties without your express consent, unless we are legally required to in specific situations. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties also agree to keep your Personal Information confidential. Your Professional Information is viewable by all registered members of the website when they are logged in to the website, as well as by website management.

We may update the registration process (and other information on the website) to include more, less, or different information than what is currently available. Any such changes, if affecting what we have identified as your Personal Information and how its privacy might be affected will be communicated to you, and you agree to respond to such inquiries from the website Management in a timely manner. In such situations, if we do not receive any responses from you, we will to the best of our ability adhere to your latest consent regarding your Personal Information.

From time to time, we may send you surveys and other such emails in an effort to improve the website and make it more useful for your professional needs. Information collected in such surveys will be treated the same way as stated in the first paragraph of the Privacy Policy section of these Terms. We may also occasionally use your email address to send you notifications and important updates regarding changes to the website.

We currently do not have third party advertising on the website; any changes to this and how it might affect your information will be communicated to you prior to implementation.

We do use cookies to better the user experience. For explanation on why and how we use cookies, please refer to the Use of Cookies Section of these Terms.

4. MEMBER RESPONSIBILITIES AND RESTRICTIONS ON USE OF WEBSITE

All information appearing within the Website, including but not limited to questions and answers posted by registered users of the Website (referred to as “Members”) or visitors to the Website, any examples or articles posted by Members or Management, messages sent or received by Members or Management, links provided by the Website or other third parties is collectively referred to as “Content”. All Members or visitors to the Website, viewing or using any Content in any way, hereby acknowledge and agree that:

  1. All Content presented is for reference only, and that any and all design details, concepts, plans, and any other matters related to the professions of engineering and geoscienses, or similar matters, must be checked and signed off by a registered professional engineer or geoscientist (and/or other suitable professional having jurisdiction) who is competent in that particular subject matter before implementation; and as such, Members shall not hold other Members nor the Website or its Management responsible for any use whatsoever of the Content by the Members or any other third parties;

  2. All Content presented, regardless of the Member posting that content and their level of involvement in any capacity with any professional association, society, and/or regulatory body (“Professional Bodies”), is completely independent from the Professional Bodies and do not represent the views or stance of the Professional Bodies;

  3. All Content presented, regardless of the Member posting that content and their level of involvement in any capacity with any companies, organization, or groups (“Organizations”), is independent from the Organizations and may not represent the views or stance of the Organizations;

  4. Any review or approval of Content, whether express or implied, by the website’s administrators or Moderators, is done solely for determining whether the Content meets guidelines set forth by the Website, and is not done in any way for accuracy or reliability of the Content;

  5. Members viewing or using the Content take full responsibility of determining the accuracy and reliability of the Content, and shall do so in accordance with the laws, regulations, and bylaws set forth by the regulatory bodies having jurisdiction over the subject matter of the Content;

  6. Members posting Content take full responsibility of that Content that it may or may not be copy-righted, confidential, or proprietary information which may be financially or legally damaging to Members, Members’ employers, or any third parties;

  7. Members viewing or otherwise using the Content take full responsibility of that Content that it is not copy-righted, confidential, or proprietary information which may be financially or legally damaging to Members, Members’ employers, or any third parties; and

  8. Members damaging the Website’s brand, their own or their company’s brands, or other third party brands, on purpose or Inadvertently, through the Website Content or other forms of communication is strictly prohibited; any Member suspected of breaching this provision may have their memberships completely revoked and may face legal recourse by the Website or other affected third parties.

Furthermore, all Members agree to abide by all the Terms set forth in the Terms of Submissions.

5. TERMS OF SUBMISSIONS

The Website provides features that allow Members to post Content and to interact with the Website and other Members. All such forms of communication within the Website are collectively referred to as “Submissions”. When using any of the features of the Website which allow you to make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not:

  1. Restrict or inhibit any other Member from using the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of the Management imposes an unreasonable or disproportionately large load on the Website infrastructure;

  2. Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;

  3. Post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

  4. Post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

  5. Post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses;

  6. Post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or

  7. Use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.

Management may review Submissions before they are posted and Management reserves the right in its sole discretion to refuse to post any Submission to the Website. The Management reserves the right, in its sole discretion, to edit or remove any Submission, whether or not the Submission is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Management, in its sole discretion, monitors the Website periodically and discloses any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other Members of the Website.

6. SECURITY

You agree and acknowledge that information sent or received over the Internet is generally unsecure and the Website cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third-parties of personal or other information. Furthermore, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. Management will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

7. USE OF COOKIES

The Website may place a “cookie” on your device so that we may provide you with a better user experience while visiting our Website. Other “cookies” may be placed on your device by other third parties to gather broad non-identifiable demographic information about users of the Website. If you do not want us or other third parties to place “cookies” on your device, most internet web browsers provide feature that will disallow “cookies” from being placed on your device; however, you acknowledge that by disallowing “cookies” from being placed on you device, some features of the Website may cease to function as intended by us or otherwise become unavailable.

8. LINKING

It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links or other directions to other sites on the internet that are owned and operated by third parties and therefore not affiliated with us. You agree to and acknowledge that such linked websites are independent from us and that we have no control over the content of such websites. Consequently, the Website and its Management cannot be held liable for and make no warranty or representation whatsoever as to the accuracy, timeliness, and/or completeness of the information contained on such websites.

Unless otherwise expressly written by us, the links which we might place on the Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such websites.

9. AVAILABILITY OF THE WEBSITE

The Management continuously works to improve the Website and its user experience; therefore, changes to features, services, or tools offered within the Website may change at any time. Management reserves the right in its sole discretion to make temporary or permanent changes to the Website and to temporarily or permanently refuse access to or take down the Website at any time. We do not guarantee, but will to the best of the Management’s ability communicate such changes to Members before they take effect.

10. DISCLAIMER OF WARRANTIES

The Website and the services and Content available through it, including but not limited Content posted by the Management, Members, or visitors to the Website, or any social networking features that may be available are all available “as is” and “as available”. The Website and its Management do not warrant that the Website or any of the services or Content available through it will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the Content or services available through the Website. The Website and its Management make no representations or warranties about the accuracy, completeness, timelessness, reliability or non-infringement of any Content on the Website or services available through it.

The Website and its Management are not responsible, and make no representation or warranties regarding the delivery of any information submitted through the Website’s social networking features, including messages sent to other Members or other third parties. We reserve the right to correct any errors or omissions in the Website and the services provided by the Website. If you or any third parties rely on the Website and any Content or services available through it, including Content posted by either the Management or by Members, you do so entirely at your own risk.

Because the Website and its Management does not have any obligations to verify the identity of Members or visitors to the Website, or to monitor the use of the Website, the Website and its Management disclaim all liability related to the misuse of your identity or information. To the maximum extent permitted under applicable law, we disclaim all express or implied warranties with respect the Website and any Content or services that are available through it, including without limitation, any warranty of merchantability or fitness for a particular purpose (even if that purpose has been disclosed).

Although we take reasonable steps within our capabilities to prevent the introduction of viruses, worms, “Trojan horses”, or other malicious codes or software to the Website, we do not guarantee or warrant that the Website or services and Content that may be available through it, are free from destructive features. We are not liable for any damages or harm attributable to those features.

11. LIMITATIONS OF LIABILITIES

The Website and its Management, its employees, and its agents (collectively referred to as the “Website Team”) are not liable for any claim of any nature whatsoever based on loss or injury arising out of or relating to:

  1. Errors, omissions, interruptions, or inaccuracies in the Website;
  2. Any Content or services available through the Website;
  3. Any conduct of any third parties on the Website; or
  4. Your breach of any provisions of these Terms of Use.

Under no circumstances will the Website Team be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including for any loss of revenue or profits, loss of business, or loss of data (even if the Website Team has been made aware of the possibility of such damages), arising out of or in connection with:

  1. Any use of the Website;
  2. Any use of any services available through the Website; or
  3. These Terms of Use, regardless of the theory of liability, whether tort, contract, or any other legal equitable theory.

12. INDEMNIFICATION

You agree to indemnify and hold harmless the Website Team against all liabilities, losses, damages, and costs, including reasonable attorneys’ fees and court costs that the Website Team may incur based on claims arising out of:

  1. Your violation of these Terms of Use;
  2. Any allegations that any Content or Submissions you make available through the Website infringe or otherwise violate the intellectual property, privacy, or other rights of any third party; or
  3. Your violation of any rights of the Website Team, visitors to the Website, Members, or any other third parties.

13. TERMINATION

We reserve the right in our sole discretion, at any time and without notice, to terminate your right to access or use of the Website (or any portion thereof). We further reserve the right in our sole discretion, at any time and without notice to modify or terminate these Terms. The following provisions of these Terms shall survive any such termination:

  1. Limitations of liabilities;
  2. Governing law;
  3. Jurisdiction and venue;
  4. The restrictions imposed on you and any third parties with respect to Content you or other third parties download, print, or otherwise make any use of;
  5. The provisions related to Content;
  6. Warranties;
  7. Indemnification; and
  8. Any other provision that by its terms contemplates survival.