The entire content of our website, including but not limited to, text, graphics, logos, buttons, images, video and audio clips, digital downloads, data compilations, software, software products and services, are the property of Byers Engineering Company, its content suppliers or its clients and are protected by domestic and international copyright and trademark laws. If you believe any content appearing on our website constitutes a copyright or trademark infringement of a third party’s rights, please contact us immediately at firstname.lastname@example.org.
On the condition that you comply with all obligations under this Terms of Service, Byers Engineering Company grants you a limited, royalty-free, non-exclusive, non-transferable, terminable license to access and make personal use of our website. Under such license, you may electronically copy and print in hard copy portions of the materials on our website: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights notices; (2) for reference; (3) for communicating with us; or (4) for placing an order with us. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without our prior written permission. Request for such permission may be sent to email@example.com. Under such license, you may also download, install and operate the SpatialWorx software application in accordance with this Terms of Service and any instructional documentation as may be provided by Byers Engineering Company from time to time. You may not copy, distribute, sell, lease, reverse engineer, modify or otherwise create derivative works of any part of our software or services.
Our website may provide links to third-party websites, content or other services (hereinafter Third-party Materials) for your information and convenience. Third-party Materials will be governed by their own terms and conditions and privacy policies. The inclusion of Third-party Material on our website does not constitute an endorsement by Byers Engineering Company of that third party’s company or products. Byers Engineering Company is not responsible for Third-party Material. If you encounter difficulties with Third-party Material, please e-mail us at: firstname.lastname@example.org.
To access and use our website, software or services, you must register for an account. By providing personal information, payment information or other data on our website, you represent and agree that all data provided is accurate and true and that you are responsible for your account information, including your password. By registering for an account on our website, you agree not to:
Certain services provided through our website may require payment. By providing payment information, you agree to be charged for the services selected, whether it is a one-time fee or a fee for subscription services charged on a recurring basis. All payments are non-refundable unless otherwise stated.
We are not responsible for any fees incurred by you related to bank charges, interest charged, overdraft charges, or other fees resulting from charges made by us once authorized by you. We will notify you in advance of any change to our fees.
OUR WEBSITE, SOFTWARE AND SERVICES AND THE INFORMATION CONTAINED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Byers Engineering Company does not warrant the accuracy or completeness of the materials on its website, nor does Byers warrant that the functions of its website, software or services will be uninterrupted or error-free, that defects will be corrected, or that its website, software or services (or the service via which it is transmitted) are free of viruses or other harmful code. You understand and agree that if you use our website or any software or service provided on or through our website, you do so voluntarily and at your own risk.
IN NO EVENT WILL BYERS ENGINEERING COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS OR USE OF THIS WEBSITE or any software or service provided on or through our website.
Any dispute related in any way to your access or use of the SpatialWorx.com website, software or service shall be submitted to binding arbitration under the rules of the American Arbitration Association. Notwithstanding the foregoing and without waiving or limiting the foregoing, in the event Byers Engineering Company, at its sole discretion, determines that emergency relief is necessary, Byers Engineering Company reserves the right to seek a temporary restraining order, injunction, or any other type of emergency relief in a court of law and/or before an appropriate administrative panel.
Given the global nature of the Internet, you agree to comply with the laws of the United States of America and the State of Georgia, including but not limited to, laws about the Internet, data, e-mail, privacy, and/or copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Byers Engineering Company logo with three-wave design and SpatialAge are registered trademarks of Byers Engineering Company.
EWOWorx, NexusWorx and SpatialWorx are all trademarks of Byers Engineering Company.
Access®, Excel® and SQL Server® are registered trademarks of Microsoft Corporation in the United States and/or other countries.
ArgGIS, ArcObjects, and ESRI® are trademarks, registered trademarks or service marks of ESRI® in the United States, the European Community, or certain other jurisdictions.
Autodesk® and AutoCAD® are registered trademarks of Autodesk, Inc.
Google Earth™ mapping service is a trademark of Google, Inc.
Oracle and Oracle Spatial are trademarks or registered trademarks of Oracle Corporation and/or its affiliates.
Smartsheets® is a registered trademark of Smartsheet Inc.
Amazon Web Services and the “Powered by AWS” logo are trademarks of Amazon.com, Inc. or its affiliates in the United States and/or other countries.
Other companies and products mentioned in the SpatialWorx website may be trademarks or registered trademarks of their respective trademark owners.
Last revised: May 7, 2020