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TERMS OF USE & USER AGREEMENT Updated August 24, 2009

Welcome to ShapingEnvironments.com, the Web site that offers small business resource organization for entrepreneurs and consultants who work within the built environment. Specifically, the site will provide services to businesses which (a) showcase their credentials, (b) identify services they can be teamed with to allow them to do business more effectively, and (c) connect them with prospective clients nationwide. http://ShapingEnvironments.com/ (hereinafter "Service"), is owned by ShapingEnvironments.com, Inc. (hereinafter referred to as "We", "Us", "Our", or "Owner"). Please read the following User Agreement and Privacy Policy before using this Service. By continuing to use this Service or any affiliated site, you agree to abide by the conditions of this User Agreement and Privacy Policy, and further acknowledge that you have read and understand said User Agreement and Privacy Policy. If you do not accept and agree to all of these terms under the User Agreement and Privacy Policy, do not use the Web site or the services provided therein.

1. Modifications. ShapingEnvironments.com reserves the right, at any time, to modify, alter, or update the User Agreement and Privacy Policy without prior notice. Any such changes will become effective immediately upon being posted on the Web site.

2. Age of User. You must be 18 years of age or older, or the age of majority as defined in your jurisdiction, to use the Web site or any of the services provided therein in any manner.

3. Copyright Notice. This Service (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. You must abide by all additional copyright notices or restrictions contained in this Service. By posting content on the Service, a user is giving us the right to display such content on the Service and to distribute such content and use such content for promotional and marketing purposes.

4. Copyright Compliance.

(a) Except for content you have posted on the Service, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Service. Without limiting the generality of the foregoing, you may not distribute any part of this Service over any network, including a local area network, nor sell or offer it for sale. In addition, content on this Service may not be used to construct any kind of database.

(b) Neither you nor any third party shall make use of the contents of the Service in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by us.

(c) We respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify us by e-mail.

(d) We reserve the right to delete any posted content from our Service at any time and without notice.

5. Prohibited Uses. You must not misuse the Web site by knowingly introducing viruses, trojans, worms, malware, logic bombs or other material which is or may be malicious or technologically harmful. You must not attempt to gain unauthorized access to the Web site, the server on which the Web site is stored or any server, computer or database connected to the Web site.

You are prohibited from violating or attempting to violate the security of the Web site, including without limitation, the following activities:

(a) accessing data not intended for you or logging into a server or account which you are not authorized to access;

(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with service to any user or member, host or network, including, without limitation, via means of submitting a virus to the Web site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or

(d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. ShapingEnvironments.com will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users or members who are involved in such violations.

ShapingEnvironments.com also specifically prohibits the following:

Post content on the Web site that contain hyperlinks, "hidden" keywords or keywords that are irrelevant to the posting or are otherwise misleading;

Delete or revise any material posted by any other user, member or other entity;

Take any action that imposes an unreasonable or disproportionately large load on the Web site's infrastructure;

Notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web site other than the search engine and search agents available from the Web site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari);

Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website; or

Aggregate, copy or duplicate in any manner all or part of the Website content or information available from the Web site, without express written consent from ShapingEnvironments.com.

6. User Content and Submissions. You are solely responsible for your account information, Profile, your content including, without limitation works in any form, media, or technology whether now known or later developed, messages, audio, video, photos, text, images, compilations or other information that you post on the Website or transmit to other users or members. You agree that in submitting your content or otherwise using the Web site that you will not impersonate any person, or submit any materials to the Web site that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.

The following is a partial list, for illustration purposes, of user content that is prohibited on the Web site. You may not post content that:

  • Is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
  • Harasses, incites harassment or advocates harassment of any group or individual;
  • Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • Contains restricted or password only access pages, or hidden pages or images;
  • Displays or links to pornographic, indecent or sexually explicit material of any kind;
  • Provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
  • Solicits passwords or personal identifying information from other users or members.

7. Responsibility for Use/Acceptable Use Policy ("AUP").

(a) You will be responsible for all charges incurred while your account is being used, if any, including charges for any goods or services. You are also responsible for all statements made or materials posted under your account, including liability for harm caused by such statements or materials. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement.

(b) You must supply and maintain a valid and verified e-mail address in order to use the services provided by the Web site. Invalid e-mail addresses and those that have not been verified through the verification e-mail sent upon sign-up will be deleted from our system and you will be denied access to this Web site.

(c) We authorize members to view and access a single copy of the content available on or from the Web site solely for their use. You will be responsible for ensuring that anyone accessing the Website through your internet connection complies with this AUP. Only one individual may access the Web site at the same time using the same e-mail or password, unless we agree otherwise. Unauthorized use of the Web site and ShapingEnvironments.com's systems, including but not limited to, unauthorized entry into any of our systems, misuse of passwords, or misuse of any information posted to the Web site is strictly prohibited.

8. Indemnification by User. You agree to defend, indemnify, and hold harmless the Owner and its affiliates, and their directors, officers, managers, employees, shareholders, agents, and licensors from any claim or demand including reasonable attorneys' fees and costs, made by any person or entity arising out of or related to (i) your use of the Service, (ii) your use of any content contained therein, (iii) your content or any information or material that you post to or transmit through the Service, (vi) your violation of this User Agreement or Privacy Policy, or (v) infringement by you or another user using your computer or account, of any intellectual property or any other right of any person or entity.

9. Disclaimer of Warranties.This Service is available "as is." We do not warrant that this Service will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the materials available through this Service. We are not responsible for the availability or content of other services that may be linked to this Service. We do not make any warranties, express or implied, including without limitation, those of merchantability, fitness for a particular purpose and non-infringement of third party rights with respect to this Service or any information or goods that are available or advertised or sold through this Service. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in this Service or available though links in this Service. We reserve the right to correct any errors or omissions in this Service. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "trojan horses" or other destructive materials to this Service, we do not guarantee or warrant that this Service, or materials that may be downloaded from this Service, do not contain such destructive features. We are not liable for any damages or harm attributable to such features-your sole remedy for such damages or harm is to discontinue using the Service. If you rely on this Service and any materials available through this Service, you do so solely at your own risk.

10. Limitation of Warranties. Owner and its affiliates, and their directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this Service or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in this Service (including without limitation as a result of breach of any warranty or other term of this Agreement). THE SERVICE'S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE(S) OF ACTION SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THIS SERVICE WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM(S) FIRST AROSE.

11. Termination. This Agreement may be terminated by either party for any reason at any time. Provisions protecting the intellectual property or copyrights of any person, provisions requiring indemnity, or provisions which impose or require or limit liability or damages shall survive such termination.

12. No Warranty As To Users and Third Parties. Our Service may from time to time be used for you to select other users and/or third party vendors of products or services. Use of such information and profiles is for information purposes only, and such information does not constitute a warranty or guaranty of the quality or suitability of any user, third party vendor or the vendor's products or services. We do not warrant the quality or reliability of any third party vendor or service provider. You are encouraged to investigate the suitability and reliability of any vendor prior to sending money or doing business. The allowance of an on-line company profile by our Service does not constitute a warranty or guaranty as to the reliability, quality or suitability of any specific vendor, product or service.

13. Advertising and Commissions. The Owner expects to be compensated by direct or indirect payments from advertisers and other vendors who are linked to our Service. We may also be compensated by vendors which we recommend to you as part of our Service.

14. Third Party Links. This Service may contain links to websites controlled or offered by third-parties. You acknowledge that the Service is not responsible for the availability of, or the content located on or through any third-party web site. The Service makes no representations about and disclaims liability for, any information, materials, products or services posted or offered or information contained therein, nor is the Service liable for any failure of products or services offered or advertised at those web sites. If you decide to access such linked third-party web sites, you do so at your own risk. Your use of those third-party web sites is subject to the terms of use and privacy policies of each such website, and the Service is not responsible for anything contained or transacted therein.

15. Choice of Law. This Agreement shall be governed by the laws of the United States and the State of Washington. Jurisdiction for any claims arising under this User Agreement or Privacy Policy shall lie exclusively with the state or federal courts within Washington State. BY CONTINUING TO USE THIS SERVICE, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.

16. Additional Terms. Certain sections or pages on the Web site, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Use. In the event of conflicting provisions, the additional terms and conditions will govern.

17. No Resale or Unauthorized Commercial Use. You agree that you shall not resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Web site.

18. Availability Outside the U.S. ShapingEnvironments.com makes no claims that the Web site may be lawfully viewed or accessed outside of the United States. Access to the Web site may not be legal by certain persons or in certain countries. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

19. Severability; Waiver. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, ShapingEnvironments.com's failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect ShapingEnvironments.com's ability to enforce such term at any point in the future.