Acceptance and use of any and all electronically transmitted information and/or drawings indicates the Recipient's agreement to the following terms and conditions:
1. Recipient acknowledges that these documents have been electronically transmitted at the request of the Recipient, and that Jones & Beach Engineers, Inc. (JBE) does not warrant or guarantee information contained in these documents.
2. Recipient recognizes that the automated conversion of information and data from the systems and formats used by JBE to alternate systems and formats may result in inaccuracies, errors and inexactitudes. The delivery of this drawing should not be construed to provide an express warranty or guarantee to anyone that all dimensions are exact or to indicate that the use of this drawing implies the review and approval by JBE of any future use. If there is a discrepancy between the electronic files and the hard copies, the hard copies shall govern. Any use of this information is at the sole risk and liability of the user. In the event that such errors occur during automated conversion, Recipient agrees to assume all risks associated with these resulting errors, and, to the fullest extent permitted by law, to hold harmless and indemnify JBE from and against all claims, liabilities, losses, damages, and costs arising from the errors, including, but not limited to, attorneys’ fees.
3. Recipient recognizes that changes or modifications to JBE instruments of professional service by anyone other than JBE may result in adverse consequences that JBE cannot predict or control. Therefore, Recipient agrees, to the fullest extent permitted by law, to hold harmless and indemnify JBE from and against all claims, liabilities, losses, damages, and costs, including, but not limited to, attorneys’ fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information or data provided by JBE.
4. By accepting and using any drawings or other data in any form of electronic media generated or provided by JBE, Recipient agrees that all such drawings and data are instruments of service of JBE, who shall be deemed the authors of the drawings and data, and shall retain all common law, statutory law and other rights, including copyrights. Under no circumstances shall transfer of the drawings and other instruments of service on electronic media for use by the Recipient be deemed to be a sale by JBE. JBE makes no warranties, either express or implied, of merchantability and fitness of the drawings or data for any particular purpose.
5. Recipient further agrees not to use these drawings and data in whole or in part, for any purpose other than the project which is the subject of this Agreement. Recipient agrees to waive all claims against JBE resulting from any unauthorized changes or reuse of the drawings and data for any project. Recipient agrees not to transfer these drawings to others in any format without prior written consent of JBE, which consent may be withheld at JBE’s sole discretion. The delivery of this drawing in electronic format is for the benefit of the Owner for whom the design services have been performed. Nothing in this transfer should be construed to provide any right of the Recipient to rely on the information provided or that the use of this electronic information implies the review and approval by JBE of any drawing based on the information. It is the professional opinion of JBE that this electronic information provides design information current as of the date of its release. Any use of this information is at the sole risk and liability of the Recipient, who is also responsible for updating the information to reflect any changes in the design following the preparation date of this information.
6. No publication using drawings or other data prepared and provided by JBE, or portions of said drawings or data, shall be permitted without the written consent of JBE, which consent may be withheld at JBE’s sole discretion, and without proper credit being given to the work done by JBE.
7. No drawings and/or publications shall be considered fully engineered and/or surveyed without the seal and signature of a licensed engineer and/or surveyor certified by the state in which the work was performed. Therefore, only stamped and signed hard copies shall be considered fully engineered and/or surveyed plans and/or publications