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.

3. Confidentiality 

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. 

5. Indemnity 

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. 

6. Payments 

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.

11. Availability 

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 new@engineerinc.io 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 

Like most interactive web sites, this Company’s website uses cookies to enable us to retrieve user  details for each visit. Some of our affiliate partners may also use cookies. We do not monitor or  review the content of other party’s websites which are linked to or from this website. Opinions  expressed or material appearing on such websites are not shared or endorsed by us and should  not be regarded as the publisher of such opinions or material. Please be aware that we are not  responsible for the privacy practices, or content, of these sites. We encourage our users to be  aware when they leave our site and to read the privacy statements of these sites. You should  evaluate the security and trustworthiness of any other site connected to this site or accessed  through this site yourself, before disclosing any personal information to them. This Company  will not accept any responsibility for any loss or damage in whatever manner, howsoever caused,  resulting from your disclosure to third parties of personal information. We use IP addresses to  analyze network traffic, administer the site, track a user’s activity, and gather broad demographic  information for aggregate use. IP addresses are not linked to personally identifiable information.  Additionally, for systems administration, detecting usage patterns and troubleshooting purposes,  our web servers automatically log standard access information including browser type, access  times/open mail, URL requested, and referral URL. This information is not shared with third  parties and is used only within this Company on a need-to-know basis. Any individually  identifiable information related to this data will never be used in any way different to that stated  above without your explicit permission. IP addresses which maliciously interact with the  website, such as bots, form scripts, spiders, crawlers, distributed denial of service attacks, malformed data input, packet flooding, etc., may be blacklisted and/or permanently rejected from  utilizing our Website and/or Services.

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.

17. Waiver 

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. 

18. Miscellaneous 

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 

The Company reserves the right to change these conditions without notice from time to time as  necessary and your continued use of the site will signify your acceptance of any adjustment to  these terms. If there are any changes to our privacy policy, we will announce by email that these  changes have been made on our website. You are therefore advised to re-read this statement on a  regular basis. These terms and conditions form part of the Agreement between the Client and  ourselves. Your accessing of this website and/or undertaking of a booking, service, project, job,  or Agreement indicates your complete understanding, agreement to, and acceptance of the  Disclaimer Notice and the full Terms and Conditions contained herein.