What Our Lawyers Make Us Say
1. THIS IS AN AGREEMENT BETWEEN YOU AND EARTHWORK SOFTWARE SERVICES, LLC
This is an agreement ("Agreement") between you and Earthwork Software Services, LLC, a Georgia (USA) Limited Liability Company ("Earthwork Software Services"). This Agreement governs your use of the Web site and Web pages operated by Earthwork Software Services. You represent that you are at least 18 years of age and have attained the age of majority in the legal jurisdiction in which you reside, and any information that you submit is correct. EARTHWORK SOFTWARE SERVICES OFFERS THE WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE EARTHWORK SOFTWARE SERVICES WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Paragraphs 3, 4, and 5); AND AN EXCLUSIVE REMEDY (See Paragraph 5). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN YOU AND EARTHWORK SOFTWARE SERVICES.
2. MODIFICATION OF THIS AGREEMENT
Earthwork Software Services reserves the right to change the terms, conditions, and notices under which it offers the Earthwork Software Services Web Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms, including but not limited to Seminar Registration Policies, posted on the Earthwork Software Services Web Site. Your continued use of the Earthwork Software Services Web Site after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. THIRD-PARTY LINKS ON THE EARTHWORK SOFTWARE SERVICES WEB SITE
The Earthwork Software Services Web Site includes references and hypertext links to third-party Web sites and third-party products and services. Earthwork Software Services does not warrant or guarantee the accuracy, availability, functionality or timeliness of any third-party information, products or services referenced on the Earthwork Software Services Web Site. Earthwork Software Services does not warrant, guarantee or endorse the products or services of any third-party referenced on the Earthwork Software Services Web Site.
4. EARTHWORK SOFTWARE SERVICES MAKES NO WARRANTY
EARTHWORK SOFTWARE SERVICES PROVIDES THE EARTHWORK SOFTWARE SERVICES WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EARTHWORK SOFTWARE SERVICES MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. EARTHWORK SOFTWARE SERVICES DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE EARTHWORK SOFTWARE SERVICES WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
5. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
IN NO EVENT WILL EARTHWORK SOFTWARE SERVICES BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE EARTHWORK SOFTWARE SERVICES WEB SITE, EVEN IF EARTHWORK SOFTWARE SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH 5 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE EARTHWORK SOFTWARE SERVICES WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST EARTHWORK SOFTWARE SERVICES WITH RESPECT TO THIS AGREEMENT OR THE EARTHWORK SOFTWARE SERVICES WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EARTHWORK SOFTWARE SERVICES WEB SITE.
6. CHANGES TO THE EARTHWORK SOFTWARE SERVICES WEB SITE
EARTHWORK SOFTWARE SERVICES RESERVES THE RIGHT TO DELETE OR MODIFY CONTENT ON THE EARTHWORK SOFTWARE SERVICES WEB SITE, DELETE OR MODIFY THE SERVICES OFFERED ON THE EARTHWORK SOFTWARE SERVICES WEB SITE, OR MODIFY POLICIES RELATED TO THE SERVICES OFFERED ON THE EARTHWORK SOFTWARE SERVICES WEB SITE, INCLUDING BUT NOT LIMITED TO SEMINAR REGISTRATION POLICIES, IN ANY WAY, AT ANY TIME, FOR ANY REASON, AND WITHOUT NOTICE.
7. LEGAL JURISDICTION
You irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of the Earthwork Software Services Web Site.
8. INTERPRETATION OF THE AGREEMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Earthwork Software Services with respect to the Earthwork Software Services Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Earthwork Software Services with respect to the Earthwork Software Services Web Site. The paragraph titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
9. COPYRIGHT AND TRADEMARKS
All content on the Earthwork Software Services Web Site is Copyright © 2001-2017 Earthwork Software Services, LLC, 3440 Lismore NW, Conyers, Georgia 30012 USA. All rights reserved. The terms "Earthwork Software Services" and "Realize the Full Potential of Your Investment in AGTEK Software", and the Earthwork Software Services logo (split diamond) and associated graphics (intersecting arcs and topographic contours), are all trademarks of Earthwork Software Services, LLC in the United States and in other countries. "Microsoft", "MS-DOS", and "Windows" are registered trademarks of Microsoft Corporation. All other brand names, trademarks, and registered trademarks herein are the property of their respective owners. Any rights not expressly granted herein are reserved.
10. CONSENT TO RECEIVE COMMUNICATIONS
Increasingly restrictive government regulations are affecting the ability of legitimate businesses to communicate with each other via electronic mail and facsimile. In order for Earthwork Software Services to comply with such regulations, you agree that your submission of any forms on the Earthwork Software Services Web Site affirms your, and your organization's, consent to receive business communications sent by Earthwork Software Services via facsimile, postal mail, and electronic mail. (See Paragraph 11 below.)
11. PRIVACY STATEMENT
Earthwork Software Services will use information that you submit via forms on the Earthwork Software Services Web Site only to notify you about its AGTEK-related services. Earthwork Software Services will not give or sell your information to any third party. Earthwork Software Services values your time and respects your privacy; therefore, if you ever wish to stop receiving service announcements from Earthwork Software Services, communicate your wish to Earthwork Software Services by phone, facsimile or electronic mail and you will promptly be removed from the Earthwork Software Services contact list.
Site last modified on July 21, 2017.