Wessler Engineering, Inc.’s online plan room contains various plans, drawings and other media (collectively referred to as “media”), which are available for your purchase and use. There are various disclaimers as to this media and restrictions as to your use of the same, the specific terms of which are contained in the Online Plan Room Disclaimer and User Agreement for Use of Wessler Engineering, Inc. Online Media. By clicking “I Accept” you acknowledge that you have read and you agree to the terms of the Online Plan Room Disclaimer and User Agreement for Use of Wessler Engineering, Inc. Online Media.
ONLINE PLAN ROOM DISCLAIMER AND USER AGREEMENT FOR USE OF WESSLER ENGINEERING, INC. ONLINE MEDIA
Digital copies of plans, drawings and any and all other documents (collectively referred to as “media”) that Wessler Engineering, Inc. (“WESSLER”) delivers to USER represents reproductions of the information contained in WESSLER’s drawings, technical specifications and computer files and such media is subject to modifications and changes with or without notice to USER. This media is produced “as-is” and WESSLER shall not be held responsible for any digital copies of the media delivered to USER. USER’s use and reliance upon such media is at USER’s own risk. To the maximum extent permitted by applicable law, WESSLER expressly disclaims any and all express warranties of any kind or nature, and any and all implied warranties, including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose.
By using this media, USER agrees to indemnify WESSLER and hold WESSLER and its employees, directors, shareholders, officers, agents, attorneys and insurers (collectively, “WESSLER”) harmless from any and all liability, claims, damages and/or expenses arising directly or indirectly from the use of media delivered by WESSLER. USER further releases WESSLER from any such liability, claims, damages or expenses. This indemnity shall cover any and all attorney’s fees and court costs associated with the defense of WESSLER arising out of this Online Plan Room Disclaimer and User Agreement for Use of Wessler Engineering Online Media (“Agreement”) and the use of this media.
USER acknowledges and agrees that WESSLER is the sole owner of WESSLER’s media. The USER also acknowledges and agrees that the information contained in this media shall be utilized only for the specific project transmitted to USER and shall not be redistributed, posted, advertised, modified, copied, duplicated or sold without WESSLER’s written consent. In conjunction with this, the use of webcrawlers, bots, agents, scrapers or other electronic means or devices to access WESSLER’s plan room and/or media and scrape or otherwise duplicate data contained thereon is strictly prohibited. The media may be PRIVATELY posted on the USER’s online plan room for the purpose of viewing by the USER’s registered members. The USER’s members shall also agree to the terms of this Agreement and USER shall notify their registered members that certified bidders must purchase the media from WESSLER at wesslerengineering.com/planroom. User may direct all subcontractors, material suppliers and any other contractors who need the media to bid on projects to WESSLER’s online planroom at the URL supplied above. This media is subject to applicable copyright and trade infringement laws.
USER agrees that in the event WESSLER must take any action to enforce these terms, USER shall pay WESSLER for its reasonable attorney’s fees, costs and expenses incurred to do so. USER further agrees that the damages as a result of USER’s breach of this Agreement, such as lost profits, lost opportunities, reputational damage, disruption of services and business operations, are difficult to calculate. Therefore, USER agrees to pay damages of $2,500.00 per violation of this Agreement. USER and WESSLER agree that this amount does not constitute a penalty; rather, it is a valid attempt to quantify damages that result from USER’s breach(es) of the Agreement. USER also agrees that WESSLER may deny USER access to the media (in addition to all other legal remedies WESSLER may have) in the event it is suspected that USER is using the media in breach of the terms contained herein or for any other improper purpose. WESSLER’s failure to exercise or enforce any part of this Agreement shall not constitute a waiver of such portion therein.
WESSLER may change this Agreement from time to time and with or without notice to USER. Moreover, WESSLER reserves the right to modify, for any reason, its media, plan room or other components of its website(s) with or without notice. By accessing Wessler’s website, its plan room and/or using the media, USER agrees to be bound by any and all such modifications.
In the event there is any dispute arising out of this Agreement, USER and WESSLER agree that the sole venue and jurisdiction for litigation resulting therefrom is Marion County, Indiana or if in federal court, the United States District Court for the Southern District of Indiana, Indianapolis, Division. USER waives any objection to venue or personal jurisdiction and agrees that it performs its obligations under the Agreement in Marion County, Indiana. USER and WESSLER agree that this Agreement and any other claims that arise from the breach of this Agreement shall be governed by the laws of the State of Indiana, without regard to choice of law rules.
USER agrees that this Agreement constitutes an enforceable contract and is supported by sufficient consideration and that this Agreement is the entire agreement between the parties and no other representations, promises or agreements, other than those made herein, have been made by USER and WESSLER in connection with this Agreement. User agrees that the aforementioned conditions apply to any and all electronic media received by USER from WESSLER.
