Terms of Use | SpatialWorx

Governance

Acceptance of Terms of Use

Thank you for visiting SpatialWorx.com. By using our website, you agree to comply with all of the Terms of Use set forth below and with our Privacy Policy. If you do not wish to be bound by our Terms of Use and Privacy Policy, you may not access or use the website. These Terms of Use and our Privacy Policy create a legally binding agreement between you and us.

Modifications to Terms of Use

Byers Engineering Company reserves the right to modify these Terms of Use, as well as all or any part of our website. We will post a notice of material changes to our Terms of Use to our website, which will be effective immediately upon posting. We encourage you to check back here frequently so that you remain aware of the current Terms of Use that apply to you.

Electronic Communications

When you use our website, submit information via a contact form, or e-mail us, you are communicating with us electronically. If you provide us with your e-mail address and/or other contact information, you consent to allow us to communicate with you via e-mail, telephone, facsimile, U.S. Mail, or otherwise. Please see our Privacy Policy for further information.

Copyright and Licenses

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 info-spatialworx@byers.com.

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 info-spatialworx@byers.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.

Links to Third-Party Websites

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: info-spatialworx@byers.com.

Restrictions on Your Use of Our Website, Software and Services

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:

We reserve the right to terminate your access to our website or to our services for any reason or no reason, including breach of these Terms of Use. In our sole discretion, we may refund fees paid by you in advance of such termination for services not yet rendered. You agree that we are not liable for losses or damage resulting from our termination of your access to our website, software or services.

Payment Processing

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.

Disclaimer of Warranty

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.

Limitation of Liability

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.

Indemnification

You agree to indemnify, defend and hold harmless Byers Engineering Company, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third-party information provider to our website from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from the violation of these Terms of Use, including negligent or wrongful conduct, by you or your use and access of our website, software or service.

Arbitration

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.

Applicable Law/Forum Selection

This website is created and controlled by Byers Engineering Company, a corporation formed under the law of the State of Georgia and operated under the laws of the United States of America and the State of Georgia. Therefore, the laws of the United States of America and the State of Georgia will govern these Terms of Use, without giving effect to any principles of conflicts of law. Except as provided above under “Arbitration,” you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States District Court for the Northern District of Georgia, Atlanta Division, or the Superior or State Courts of Fulton County, Georgia, for any litigation arising out of or relating to your access and use of this website, software or service, and you agree to waive any objection to venue and agree not to claim that the action has been brought in an inconvenient forum. Any arbitration shall also be brought and heard in Atlanta, Georgia.

International Use

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.

Severability

In the event any portion of these Terms of Use shall be declared invalid or void by any court, such declaration shall not invalidate the entire Terms of Use and all other portions of said terms shall remain in full force and effect.

Headings

The headings used herein are included solely for convenience and are not to be used in construction or interpretation of these Terms of Use.

Other Provisions

The failure by Byers Engineering Company to insist upon or enforce strict performance of any portion of these Terms of Use shall not be construed as a waiver of any provision or right. Neither course of conduct nor trade practices shall be construed to modify any provision of these Terms of Use. Byers Engineering Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Questions and Notices

Please send any questions or notices concerning the SpatialWorx.com website, or any software or service provided through our website, to info-spatialworx@byers.com or to our mailing address:

Byers Engineering Company
6285 Barfield Road
Atlanta, GA 30328 USA

Trademarks

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

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