Contractor Plan Center

Terms and Conditions

Please read the following terms and conditions for online membership (these "terms"). By using our website, you unconditionally accept and agree to be bound by these terms, as they may be amended from time to time by Contractor Plan Center, Inc., an corporation ("CPC"), with or without notice to you. Each time you hereafter enter your user name and password, and login into the member sections of this web site, you reaffirm your prior acceptance and agreement to be bound by these terms, as amended from time to time. CPC expressly reserves the right to terminate your online membership and your access to the member sections of this web site in accordance with the termination provisions set forth below. Acceptance or Rejection. Upon submission of your registration application, CPC will review and, subject to payment of all applicable fees, accept or reject your registration application.

Access:

Upon acceptance of your registration application and payment of all applicable fees, you will become an active online member (an "Online Member") for the period that your applicable fees remain paid. As an Online Member, you will be issued a unique personal user name and password, which you will use to login and access the member sections of this Web site. For so long as you are an active Online Member, CPC grants to you a non-exclusive, non-transferable license to access the member pages of this Web site (the "Member Pages") described in such Member Pages (the "Service"). If CPC terminates you as an Online Member for any reason at any time in accordance with the termination provisions set forth below in these Terms, your access to the Service shall immediately terminate.

Proprietary rights:

You will not, except as expressly permitted by CPC in these Terms, copy, modify, alter, sell, transfer, assign, publish, distribute, disseminate, allow access to or convey all or any portion of the Member Pages and Plans. You agree to protect all copyright and other proprietary rights of CPC and/or its licensors (i.e., the engineers and architects who prepared the Plans) in the Member Pages and the Plans, and to comply with reasonable requests of CPC and/or its licensors. The Member Pages and the Plans are copyrighted materials owned by CPC and/or its licensors. Any reproduction, alteration, reuse of the Member Pages or the Plans without the express written permission of CPC and/or its licensors is prohibited, except that you may download and reproduce the Member Pages and the Plans for use in preparing bids and proposals pursuant to a request for bid on the project represented by the Plans. All documents, drawings and plans comprising the Plans are images and facsimiles of originals held by CPCs licensors and that any instance of conflicting information between the copies and the originals, the originals shall control.

Term and Termination:

Your Online Membership shall remain in effect until terminated by either you or CPC. Either party may terminate your Online Membership at any time by giving notice of such termination by electronic mail or standard U.S. Mail. Termination of Membership shall not entitle the Member to any credit or refund of unused portion of Membership, nor will Membership be prorated in event of termination of the agreement by the member. CPC may discontinue or change the Service and its availability to you at any time. Upon termination of your Online Membership, your access to the Service will be terminated.

Fees and Payment:

In order to remain an Online Member, you agree to pay the subscription fees for Online Members that is found on our website, which may be amended from time to time.

No Warranties and Limitations on Liability:

CPC does not make any representations or warranties as to the accuracy or completeness of or the results to be obtained from accessing and using the service, nor of any member pages or plans downloaded by you while using the service. Except as expressly stated in these terms, CPC makes no other warranties, express or implied, including, without limitation, any implied warranties of merchantability and/or fitness for a particular purpose, concerning the subject matter of these terms.

General Disclaimers:

No action under these terms may be brought by either party against the other party more than one year after the case of action arises.

In no event shall CPC be liable to you or any other person for any indirect, incidental, consequential or punitive damages, including loss of profit or goodwill, for any matter arising out of or relating to your online membership or the service, whether such liability is asserted on the basis of contract, tort or otherwise even if CPC has been advised of the possibility of such damages. CPCs total liability for damages shall be limited to the total fees paid by you to CPC for your online membership and access to the services.

You acknowledge and agree that because electronic documents are subject to data erosion, erasure, alteration, changes in computer software, or computer viruses, that the sources of the information vary in quality and reliability, CPC, makes no representations or warranties regarding the integrity or completeness of any electronic documents comprising the member pages or the plans. CPC shall not be liable to you or anyone else for any inaccuracy, error or omission, regardless of the cause, in the member pages or the plans, or any damages resulting there from. You acknowledge that you use the electronic documents at your own risk, and you may only rely on the original documents incorporated into the contract, unless otherwise authorized by the owner or their representative.

The information contained herein has been researched by Contractor Plan Center from reputable sources, however, Contractor Plan Center does not guarantee the validity or accuracy of any data, claim or opinion that will appear in this information, and is not responsible forany error or omission contained herein.

Miscellaneous Provisions:

Force Majeure:

CPC shall not be liable for any delays resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.

Choice of Law and Venue:

These Terms shall be governed by and construed in accordance with the laws of the state of Oregon, and any legal proceeding to interpret or enforce these Terms shall be brought in Multnomah County, Oregon. The parties each separately acknowledge, consent and agree to venue and jurisdiction in Multnomah County, Oregon.

Attorney Fees:

In the event either party breaches its obligations under these Terms, the nonbreaching party shall be entitled to all costs and expenses incurred, including reasonable attorney fees, as a result of the breach. In addition, in the event arbitration, suit or action is instituted to enforce any of the terms of the contract, the prevailing party shall be entitled to recover from the other party such sum as the court or arbitrator may adjudge reasonable as attorney fees in arbitration, at trial, and on appeal of such suit or action, in addition to all other sums provided by law.

Arbitration:

If any dispute shall arise relative to the interpretation or enforcement of these Terms, the dispute shall be submitted to arbitration according to the then existing rules of Arbitration Services of Portland, Inc. Notice of the demand for arbitration of a dispute shall be filed in writing with the other party to these Terms. The arbitrator shall fix his or her own compensation and shall assess the costs and charges upon either or both parties. The decision in the arbitration shall be binding on all parties and judgment on any arbitration award may be entered in any court of competent jurisdiction. This provision shall be specifically enforceable under the laws of the state of Oregon. This provision shall not prohibit either party seeking equitable relief in any court.

Entire Agreement:

These Terms including all exhibits and amendments, constitute the entire agreement between Reliance and the Facility with respect to the subject matter hereof and supersede all other oral and written representation, understandings or agreements relating to the subject matter hereof.

Severability:

In the event that any term or provision of these Terms shall be held to be invalid, void or unenforceable, then the remainder of these Terms shall not be affected, impaired or invalidated, and each such term and provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.

Binding Effect:

The provisions of these Terms shall be binding upon and shall inure to the benefit of the respective successors and permitted assigns of the parties.

No Waiver:

No waiver of any provision of these Terms shall be deemed, or shall constitute, a wavier of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.