Click here for the Usage Agreement in
PDF format.
This is a legal agreement between you, the User, and Sign Management
Consultants, Inc. (often referred to in this agreement by the pronouns, we or
us) for the use of the Sign-a-mateWEB™ website (Site). If you are
entering into this agreement on behalf of your employer, the license granted
and restrictions and limitations recited herein apply to your employer as well
as to you as a representative of your employer. Should you cease working
for your employer, your employer may continue to operate under this agreement
Limitation on Liability and Warranty Disclaimers
Information contained in this Site has been obtained from sources believed to
be reliable. However, we do not guarantee the accuracy or completeness of any
information presented herein. Furthermore, we have no control over how this
material is applied and therefore, can in no way guarantee that the results are
correct and safe for any particular situation to which it is applied. We shall
not be responsible for any errors, omissions, or damages arising out of the use
of this Site.
This Site is intended only for providing preliminary estimates for structural
requirements for signs, and is not intended to be a substitute for responsible
engineering design and analysis procedures which carefully consider specific
circumstances, site conditions and manufacturing and installation capabilities
and limitations. Neither Sign Management Consultants, Inc., nor any other
person or entity associated with this Site is hereby rendering engineering or
other professional services. If such services are required, the assistance of
an appropriate professional should be sought.
The Site is provided on an "AS IS" and "AS AVAILABLE" basis. Neither we nor our
service providers make any warranty, express or implied regarding this site,
its content, the services, the goods or services advertised by third parties
via this Site or linked sites, or the subject matter of this agreement. All
warranties, including implied warranties of merchantability and fitness for a
particular purpose, are expressly disclaimed to the greatest extent permitted
by law. We assume no responsibility for the unavailability of this Site, for
viruses created by third parties, or for information provided by third parties.
No content available at or through the Site shall create any warranty.
We make no other warranty, express or implied, including, without limitation,
any implied warranties of merchantability or fitness for a particular purpose.
Except to the extent otherwise required by law, we will not be liable to you
for any consequential, indirect, special, incidental or similar damages,
whether or not they are foreseeable, including claims for loss of goodwill,
profits, data, use of money or products, stoppage of work or impairment of
assets, whether arising out of breach of express or implied warranty, breach of
contract, negligence, misrepresentation, strict liability or otherwise.
Certain state laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. To the extent these laws apply to
you, some of the provisions set forth in this agreement may not apply.
We will not be liable to you for any failure or delay in making the Site
available for your use if the failure or delay is due to: causes beyond our
reasonable control; natural catastrophes; governmental actions or omissions;
the application of any law, payment system rule, governmental guideline or
regulation; terrorism; labor strikes or difficulties; communication system
breakdowns; hardware or software failures; viruses introduced by third parties;
our inability to confirm your identity or your authority to act; or our
inability to access the networks through which we operate the Site.
You agree to indemnify, defend and hold us, our affiliates, the vendors that
assist us in providing services, and our respective directors, officers,
employees and agents harmless from and against all claims, actions,
proceedings, damages and costs (including attorney's fees) related to or
arising out of: (i) your use of this site or the services; (ii) the actions or
omissions of third parties who advertise at our Site or through linked sites;
(iii) our reliance on instructions that are accompanied by your user name and
password; or (iv) your breach of these terms.
Usage Tokens
A usage token is the unit of measure for keeping up with how much you use the
Site. Usage tokens are consumed as follows: during each login session, the
first time you submit your input, one usage token will be consumed. After that,
you can resubmit your project up to three additional times during the session
without consuming a usage token. At the fifth calculation, another usage token
will be consumed, and you can resubmit three more times. This process repeats
every four submissions per login session. The process starts all over for each
new login (note: you will be automatically logged-out after 15 minutes of
inactivity).
You must pre-pay for usage tokens by means of a credit card. For a discussion
of how your credit card information is provided to us, please see our
Privacy Policy.
Use of the Site shall be disallowed unless there is a net positive amount of
usage tokens in your user account.
You warrant and represent:
(a) if you are purchasing as an employee of a company, association, partnership
or other such entity, you are authorized to enter into these terms and
conditions on behalf of your employer (the "employer"), you are authorized by
the employer to make the purchases submitted to us on this site on behalf of
the employer, and, you are authorized to use the employer’s credit card used to
make the purchase;
(b) if you are purchasing on your own behalf, you are over 18 years of age, and
you are the owner of the credit card used to make the purchase.
Purchase of usage tokens is non-refundable. If you have any dispute regarding
the number of usage tokens you have purchased and/or used, you make contact us
via e-mail at
Feedback@Sign-a-mateWEB.com.
Proprietary information
You acknowledge and agree that the software used by us in the operation of this
Site, and the copyright, patent, trademark, trade secret and all other
proprietary rights in and to the technology, designs, graphics, marks and
software used by us for this Site and the services, are proprietary to us and
our licensors. As such, you will not gain any ownership or other right, title
or interest in or to them by reason of this agreement or otherwise. You may not
reverse engineer, modify, or de-compile any of the technology that we make
available to you.