TERMS AND CONDITIONS
1. Welcome to Engineerinc, Inc.!
Thank you for your interest in our permit package services (our “Services”)! By using our Website and/or Services, you agree to ALL of these terms (the Engineerinc, Inc.’s Terms and Conditions”). If ever in conflict, to the extent of such conflict, these terms will take precedence and govern our Agreement. The following terminology applies to the Terms and Conditions, Privacy Statement, Disclaimer, and any other Agreements contained herein. “Client”, “You” and “Your” refers to you, the individual or entity using our Services (and/or any individual, entity or successor entity, agency or network acting on your behalf), accessing this website and accepting Engineerinc, Inc.’s Terms and Conditions. “The Company”, “Our”, “Ourselves”, “Engineerinc, Inc.”, and “We”, refers to our Company, Engineerinc, Inc. “Parties” or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner by any means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing US Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. “Goods”, “Items”, and “Products” refer to a tangible product being offered via shipping. “Designs”, “Engineering”, “Projects”, “Plan Sets”, and “Permit Packages” refer to the engineered design(s) service being offered. “Installation” and “Service Call” refer to an on-site service being offered.
2. Privacy Statement
We are committed to protecting your privacy. Authorized personnel within the company on a need-to-know basis only use any information collected from individual customers. We constantly review our system and data’s integrity to ensure the best possible service to our customers. Cyber-law has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with an expressed interest in prosecuting and/or taking civil proceedings to recover damages against those responsible.
We consider and treat your information as confidential. We will NEVER sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and/or products. The private information on completed plan sets can be publicized, exclusively at your sole discretion. You may modify those privacy settings at any time on our “My Jobs” page.
4. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, EXCEPT FOR ANY INDEMNIFICATION OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIALITY OBLIGATIONS AND/OR PROPRIETARY INTERESTS RELATING TO THE AGREEMENT, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THE AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Each party acknowledges that the other party has entered into the Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
You agree to indemnify and defend Engineerinc, Inc., its affiliates, agents, and advertisers from and against any and all claims and liabilities arising out of or related to the use of this Website or its Services, including, but not limited to, any and all content, Services, and/or Plan Sets provided by Engineerinc, Inc.
Payments can be made by Cash or credit card. Payment is required in full prior to providing our service or product.
7. Termination, Cancellation, and/or Refund Policy
We guarantee and warranty our work and products. As such, any corrections from your local Planning and Development Department are always free of charge. See “Correction / Revision Policy” for details. Absolutely NO REFUNDS OR CANCELLATIONS shall be offered on services: permit packages or any field services. Our Service is deemed to have begun and is, for all intents and purposes, underway from the moment you provide your information and payment. In the case of a disputed payment: all bookings, services, agreements, and/or transactions entered into will cease with immediate effect until such time as all outstanding payments are recovered in full.
8. Correction and Revision Policy
We guarantee our Products and Services. Specifically, we will provide free corrections on all plan sets. A “Correction” is a change required by your local Planning and Development Department in order to get your permit approved or signed-off. An addendum or “Revision” is a change in the information provided by you. Examples include, but are not limited to, system changes, typographical errors, and/or preferences not previously specified. Revisions are NOT free of charge and are subject to hourly addendum fees.
9. Turn-Around Estimates
Our website provides an estimated turn-around time during checkout to optimize your experience with our Service. The “Expedite Process” feature on our Services page will place your project in a priority queue that will be completed before other jobs. Even though we pride ourselves on providing a 24-hour turn-around on our plan sets, this estimate is in no way to be construed as guaranteed, accurate, or legally binding.
10. Representations, Warranties, and/or Disclaimers
The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company: (i) excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; (ii) excludes all liability for damages arising out of or in connection with your use of this website and/or our Services. This includes, without limitation, direct loss, loss of business or profits (whether the loss of such profits was foreseeable or not, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon, or any other direct or indirect, consequential and/or incidental damages. (iii) is not licensed by or affiliated with any federal or state agency. During the permitting process, Owners (Owner/Builders) and Contractors can both utilize our Service and represent our work as their own. In the State of California, Residential Owner/Builders are exempt from being required to provide a licensed professionals wet-stamp signature on the design and are protected as such. All commercial projects require a licensed professional. As such your preferred licensed professional MUST represent our work as their own at your local Planning and Development Department. This permit application type is known as a “Design-Build” and must be performed by a California licensed contractor of classification: B-General, C-10, or C-46. (iv) guarantees all design/engineering and as such, provides free corrections on any issues from your local Planning and Development Department. You must provide a pdf or image of the Correction Notice to receive your revision free of charge. You represent and warrant that (iii) you have full power and authority to enter into the Agreement; (iv) you are the owner of, or are legally authorized to act on behalf of the owner of; (v) you are the technical and editorial decision maker in relation to each Project on which the Services are implemented and that you have control over the way in which the Services are implemented on each Project; (vi) has never previously terminated or otherwise disabled an account created by you due to your breach of the Agreement or due to malicious activity; (vii) entering into or performing under the Agreement will not violate any agreement you have with a third party or any third-party rights; and (viii) all of the information provided by you to Engineerinc, Inc. is correct and current. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT; WE DO NOT MAKE ANY PROMISES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED. WE EXPRESSLY DISCLAIM THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
The services featured on this website are intended for California and/or the United States of America, however we can accommodate a variety of countries and/or regions. If outside the United States of America, please contact our engineers at firstname.lastname@example.org for specific details on Services provided at your location. The Company does not warrant that the service from this website will be uninterrupted, timely and/or error free, although it is provided to the best ability. By using this service, you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
12. Website Interactivity
13. Intellectual Property
Other than as set out expressly in the Agreement, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors. All goods (Plan Sets) always remain the intellectual property of the Company. We
grant you a non-exclusive, non-sublicensable license (except with written permission), for you to use the product developed for your job. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Services as provided by Engineerinc, Inc., in the manner permitted by the Agreement. You may not copy, modify, distribute, sell, or lease any part of our Services, Permits, Designs, or Engineering, nor may you reverse engineer or attempt to extract the source code of any software, unless you have our written permission. You will not remove, obscure, or alter Engineerinc Inc.’s copyright notice, logo, or other proprietary rights notices affixed to or contained within any of our Services, Website, and/or documentation. We may revoke this license at any time.
14. Copyright Notice
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website. This Company’s logo is a registered trademark of this Company in the United States of America and other countries. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company.
15. Contacting Engineerinc, Inc.
Our contact information can be found on the https://engineerinc.io/contact-us/ This company is registered in California as Professional Engineering Firm
16. Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of California and the United States of America govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the California courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied, or supplemented except in writing and posted in a public location on this Website by a duly authorized representative of the Company.
19. Notification of Changes