Please read these Terms and Conditions carefully before using this Site.

ACCEPTANCE OF TERMS

This web site located at http://www.EngineeringBusinessPubllications.com (this "Site") is provided by Engineering Business Publications ("EBP"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By browsing, accessing, linking, using and/or downloading information ("Access" or similar term) from this Site, you agree to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to these Terms and Conditions, you should not Access this Site.

EBP provides this Site, the hypertext links to other websites proprietary to third parties that provide web based training, online learning, distance education and other services and other on-line resources Accessible via this Site ("Third Party Websites") and all related URLs (the "Services") to you, subject to these Terms and Conditions. These Terms and Conditions are entered into between EBP and you. If you are using the Services on behalf of another person, you represent that you are authorized to accept these Terms and Conditions on that person's behalf. Unless explicitly stated otherwise, these Terms and Conditions will govern your use of any new features that augment or enhance the current Services, including the release of new products or services.

In addition to the terms defined throughout these Terms and Conditions, the terms "you", "your" and "yours" refer to the surfer, customer or purchaser utilizing this Site to obtain Services. The terms "we", "us" and "our" refer to EBP.

EBP reserves the right, at any time, to modify, add to, delete from, alter, or update these Terms and Conditions ("Changes"), and you agree to be bound by such Changes. Changes shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting on this Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of Changes. Your use of this Site following any Changes constitutes your agreement to follow and be bound by these Terms and Conditions as changed.

This Site is intended for the lawful use of members of the general public who are over the age of 16 years. Subject to these Terms and Conditions, EBP grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the information thereon, including without limitation, all text, design, graphics, drawings, photographs, video clips, music and sounds, and all trade marks, service marks and trade names used at this Site and the selection and arrangements thereof (collectively, the "Content"), solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly:

1. sell, license, rent, reproduce, modify or attempt to modify or create derivative works from the Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Content for any public or commercial purpose, including without limitation use of the Content on any other website or in any environment of networked computers;
2. transfer the Content to any other person without the prior written explicit consent of EBP;
3. use this Site in any manner that could damage, disable, overburden or impair this Site;
4. upload, post or otherwise transmit or distribute on this Site any items, including without limitation computer viruses, Trojan horses, worms, backdoor, shutdown mechanism or other harmful, disruptive or destructive files or computer programs;
5. interfere with the security of, or otherwise abuse, this Site or any Services, system resources, accounts, servers or networks connected to or accessible through this Site or associated or linked sites;
6. infringe on any patent, trade-mark, trade secret, copyright, right of publicity, or other proprietary right of any person, or impersonate any person or entity;
7. disrupt or interfere with any other person's use or enjoyment of this Site or associated or linked sites;
8. use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part;
9. use or attempt to use another's account, password, service, system or other information without prior written authorization from EBP, or create or use a false identity on this Site;
10. transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail;
11. upload to, distribute to, or otherwise disseminate through this Site any material or information of any kind that is threatening, harassing, libelous, defamatory, obscene, pornographic, fraudulent, deceptive, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services;
12. attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access.
    

You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content.

Unless otherwise noted, all Content is subject to intellectual property rights including copyrights and trade marks held or licensed by EBP. You may print or download one copy of the Content on this Site on a single computer for your personal, non commercial use, provided you keep intact all copyright and other proprietary notices. Any other reproduction or use without express prior written permission from EBP, or EBP's content providers as the case may be, is strictly prohibited. Except as expressly provided herein, no license to use or reproduce the Content is given to you and all intellectual property rights therein are expressly reserved. Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without express prior written permission from EBP is prohibited.

This site contains web links to other sites operated by other entities. EBP is not responsible for the privacy practices or the content of linked websites. These Third Party Websites will typically be identifiable through a change to the URL in your Web browser, though the Site does occasionally contain content from Third Party Websites within the www.EngineeringBusinessPublications.com URL. You agree that this Site provides no dialogue box or other clear demarcation indicator when you leave this Site and enter a Third Party Website. Links to Third Party Websites does not constitute an endorsement, sponsorship or recommendation by EBP of the Third Party Websites, the entities themselves or of any content, services or products available on or through such Third Party Websites. If you use these Third Party Websites, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Links do not imply that EBP or this Site is affiliated or associated with, or is legally authorized to use any trade-mark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Third Party Website is authorized to use any trademark, trade name, logo or copyright symbol of EBP. Third Party Websites may create other contractual obligations between you and the third party entity in addition to these Terms and Conditions.

This Site will from time to time contain materials, data or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that EBP shall not have any liability whatsoever to you for any such third party material, data or information.

Although EBP may provide certain security in an effort to protect the electronic transmission of certain information that you submit to EBP through this Site, EBP does not guarantee the security of any information transmitted to or from this Site, including to or from any Third Party Websites linked to this Site. Submission of any financial (e.g. credit card) or other information to this Site or to any Third Party Websites linked to this Site is entirely at your own risk and responsibility. Do not send any confidential or proprietary information to EBP through this Site. Except for personal information about you, any information you do send to EBP through this Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, you hereby grant to EBP a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to this Site and/or to incorporate it in other works regardless of form, medium or technology.

EBP respects your desire for privacy. EBP's Privacy Policy can be found here. By accessing this Site, you are consenting to the collection, use and disclosure of your personal information and to the terms of our Privacy Policy. If we decide to change our Privacy Policy, we will post the revised Privacy Policy prominently on this Site or otherwise bring it to your attention, so that you are always aware of what we do with your information.

ALL CONTENT AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE MATERIALS CONTAINED IN THE ONLINE COURSES ARE NOT INTENDED AS A REPRESENTATION OR WARRANTY EITHER EXPRESSED OR IMPLIED ON THE PART OF EBP OR ANY OTHER PERSON/ORGANIZATION NAMED HEREIN. THE MATERIALS ARE FOR GENERAL INFORMATION ONLY> THEY ARE NOT A SUBSTITUTE FOR COMPETENT PROFESSIONAL ADVICE. APPLICATION OF THIS INFORMATION TO A SPECIFIC PROJECT SHOULD BE REVIEWED BY A REGISTERED ENGINEER. EBP DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANYONE MAKING USE OF THE INFORMATION SET FORTH HEREIN DOES SO AT THEIR OWN RISK AND ASSSUMES ANY AND ALL RESULTING LIABILITY ARISING THERE FROM.

IN NO EVENT SHALL EBP, ENGINEERING BUSINESS PUBLICATIONS PARTNERSHIP, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE TO YOU FOR YOUR ACCESSING OF THIS SITE OR UNDER OR RELATED TO THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, RELIANCE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EXPECTED SAVINGS, OR ANY OTHER NON-DIRECT DAMAGES HOWSOEVER CAUSED WHETHER OR NOT EBP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND THEIR COLLECTIVE MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE-HUNDRED UNITED STATES DOLLARS ($100 USD). THE LIMITATIONS OF LIABILITY AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF CONTRACT OR THE FAILURE OF AN EXCLUSIVE REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, EBP'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

You agree to defend, hold harmless and indemnify EBP, partnerships, and its officers, directors, partners, owners, employees, representatives, agents, Content providers, contractors, affiliates, successors or assigns, and licensors against any and all claims, losses, court fees, and attorney fees arising out of the services provided under this Agreement.

(1) EBP does not warrant that the Service will be uninterrupted or error-free; nor does EBP make any warranty as to the results to be obtained from use of the Service or the content. The Service and the content are distributed on an "as is, as available" basis. EBP makes no warranties of any kind, either expressed or implied, with respect to the Service, any content or any products or services sold through the service. (2) EBP shall not be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service.

EBP courses comply with the Model Guidelines published by NCEES. If for any reason your state does not accept the course(s), EBP will refund your payment upon receiving your written notice and a copy of the state board rejection letter for the PDH credits you received from EBP.

These Terms and Conditions shall be construed in accordance with the laws of the State of Nevada, without giving effect to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction of the state courts located in Carson City and Las Vegas, Nevada, and the federal courts located in Las Vegas, with respect to disputes hereunder.

The Privacy Policy is a binding part of these Terms and Conditions, and together with these Terms and Conditions constitutes the entire agreement between EBP and you with respect to your use of this Site. EBP's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises. You acknowledge that Engineering Business Publications Partnership is a third party beneficiary for all purposes under these Terms and Conditions.