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Acceptance and Agreement of Terms of Use. Each time you, on behalf of yourself, your employer, or any third party ("You" or "Your") use or cause access to this web site ("Site"), You agree to be bound by these Terms of Use as may be amended from time to time with or without notice to You. In addition, if You are using this Site and any applications that You may be provided access to through the Site, including the Product Registry and/or Smart Spreadsheet, such use shall be subject to these Terms of Use as well as any other agreement for services and or software license ("Service Agreement") between You, Your employer or any third party You are acting on behalf of and Edgenet, Inc. ("Edgenet or We"). The terms of any such Service Agreement are hereby incorporated by reference into these Terms of Use, in their entirety.  In the event of any conflict between these Terms of Use and any Service Agreement, then the terms of the Service Agreement(s) shall control in all respects.

Your use of the Site constitutes Your agreement and acceptance without modification of these Terms of Use. In addition, as a condition of Your use of the Site, You represent and warrant to Edgenet that You will not use the Site for any purpose that is unlawful, immoral or prohibited by these Terms of Use. If You do not agree and accept the Terms of Use without modification, do not use the Site. 

Modification of Terms of Use.  Edgenet reserves the right to change these Terms of Use at any time, and without any notice to You.  You are responsible for regularly reviewing these Terms of Use and conditions and additional terms posted on the Site. Your continued use of the Site or any Services offered by Edgenet via the Site, constitutes Your agreement to the Terms of Use as modified.

Use of the Site. Edgenet grants You permission to view the Site and to print individual pages from the Site for Your own personal, noncommercial use, provided that You agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use.  Except as expressly provided in a Services Agreement between You and Edgenet, You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, compile, decompile, create derivative works from, transfer or sell any information, material, software, products, services or intellectual property from the Site.

Our Services. Edgenet may provide services via the Site including, without limitation, services which are provided pursuant to a Service Agreement that either You or Your employer have entered into with Edgenet.  In the event You are using the Site at the request or for the benefit of Your employer or any third party, You acknowledge and agree that it is Your duty to obtain a copy of such Service Agreement, and You agree to be bound by all terms of such Service Agreement.  In the event that You have not reviewed any such Service Agreement, or do not agree to its terms, do not use the Site.

Your  Conduct. You agree that any and all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You acknowledge, agree and understand that the Site may expose You to Content that is the property of Edgenet or a third party.  You agree that Edgenet shall not be responsible to You in any way for the Content that appears on the Site, nor for any error or omission of the Content. You expressly agree that by using the Site or any services provided via the Site, You shall not: (a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt the Site or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law; (b) impersonate or misrepresent Your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by You; (c) provide or use the Site and any Content or services provided via the Site in any commercial manner whatsoever unless otherwise authorized by a Service Agreement with Edgenet. (d) provide any Content that would violate a civil or criminal law, national or international, including without limitation copyright, trademark, patent, or trade secret laws. Other than these Terms of Use and any other Service Agreement between You or Your employer and Edgenet relating to the sale of products or services provided via the Site, Edgenet will not enter into any other agreement with You or create any obligation to You via the Site and no attempt to create such an agreement shall be effective.

 You agree not to share Your username and password with any other party to access the Site.

Submission of Content on the Site. By providing any Content to Edgenet or any third party via the Site You agree to the following terms:  You hereby grant to Edgenet a perpetual, world-wide, royalty free, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology known or later developed; (b) You represent and warrant that You have all legal, moral, and other rights that may be necessary to grant Edgenet with the foregoing license; (c) You acknowledge and agree that Edgenet shall have the right, in sole and absolute discretion, to refuse to publish or to remove any Content provided by You via the Site at any time and for any reason, with or without any notice to You.

Limited Use License. Upon acceptance of these Terms of Use, Edgenet grants You a revocable, non-exclusive, non-transferrable, limited license to use the software applications ("Software") at the Site subject to the Terms of Use.  In order for the Software to be used at the Site, portions of the Software will automatically be downloaded to Your system.  You may not use the Software or the Site beyond the scope of these Terms of Use

License Limitations. You acknowledge and agree that all calculations performed by the Software are based on Your input, and that Edgenet is not responsible in any manner for the output of the Software.  You further acknowledge that all calculations performed by the Software are based on data supplied by manufacturers and You agree that Edgenet is not responsible in any manner for that supplier data or the output of the Software based on that supplier data.  You expressly acknowledge and agree that the use, results and performance of the Software are at Your sole risk.  You acknowledge and agree that any plans generated by the Software may not be adequate for the intended purpose and may not comply with local building codes, ordinances, by-laws, or regulations.  You acknowledge and agree that specific conditions relating to property or the surrounding area may require changes in construction methods, materials or design.  The limited license granted pursuant to these Terms of Use is conditioned upon Your agreement to review all plans with the all appropriate professionals and government agencies to confirm the accuracy of the dimensions and structural requirements for any plan prior to construction.  For all plans generated by the Software You agree to obtain all requisite licenses and permits from the appropriate government agencies and to comply with all substantive and procedural requirements.

Warning and Important instructions. Edgenet assumes no responsibility for the correct use or output of the Software.  Any Software output for Your project is not a final design plan or estimate.  Variations in building codes, specific architectural considerations, and Site conditions may require changes to the design and estimate.  You are responsible for the final structure, conforming to local building codes, materials and structural safety of the final design.  Edgenet does not engage in the practice of engineering, architecture, or general contracting.  Edgenet does not assume any responsibility for design, engineering, or construction; for selection or choice of materials used; for compliance with any codes, laws, or standards of workmanship.  All designs, estimates and final structures should be examined by a qualified professional to determine they are reasonable and accurate. DO NOT CUT YOUR LUMBER AND/OR MATERIALS IN ADVANCE.  Advance cutting may lead to lumber and/or materials that are too long or too short for the structure.  Edgenet does not assume any responsibility for lumber and/or materials cut that do not fit the structure. 

Indemnification. You agree to defend, indemnify and hold Edgenet, along with subsidiaries and related entities, harmless against all claims, suits, costs, damages, judgments, attorney fees, license fees, settlement or expenses incurred, claimed, obtained or sustained by third parties, whether for personal injury or otherwise, arising out of Your use of the Software.  The forgoing indemnification shall include Edgenet's reasonable attorney fees regardless of whether or not a lawsuit is actually commenced.

Export restriction. You agree that neither You, nor Your customers, if applicable, shall, directly or indirectly, export or transmit the Software or related documentation and technical data to any country to which such export or transmission is restricted by any applicable United States regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the United States Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

Term of License. The limited license granted in these Terms of Use shall be immediately terminated upon notice to You by Edgenet or in the event that You breach any provisions of the Terms of Use.  In the event of termination, You agree to delete all information relating to the Software on Your system and servers and to provide Edgenet with a certification of destruction of the Software along with any and all other information and/or documentation relating thereto.  The limitations on warranties, liabilities, and damages contained in these Terms of Use shall survive the termination of the limited license to the Software.

Reservation of Rights.  Edgenet retains all right, title, and interest in and to all Software applications at the Site.  Any rights not explicitly granted to You in these Terms of Use are reserved by Edgenet.  You may not reverse engineer, disassemble, decompile or translate the Software, or otherwise attempt to derive the source code of the Software, except to the extent allowed under any applicable law.  If applicable law permits such activities, any information so discovered must be promptly disclosed to Edgenet and shall be deemed to be the confidential proprietary information of Edgenet.  You may not modify, copy, transmit, display, perform, reproduce, publish, license, network, rent, lend, loan, or distribute the Software, or create derivative works based upon the Software in whole or part.  Further, You may not electronically transmit the Software from one computer to another or over a computer network.

Third Party Services.  Goods and services of third parties may be advertised and/or made available on or through the Site. Edgenet makes no representations, warranties or any other endorsements regarding any particular products or services provided by third parties, and any such representations, warranties, claims or endorsements are governed by the policies and representations made by such third parties.  In no event shall Edgenet be liable for any dealings or interactions You may have with any third party You connect to via the Site.   

Copyrights and Trademarks.  The Site and the materials within it are © 1990- 2012 Edgenet, Inc. Viewing the Site creates a copy of Edgenet  materials in Your computer's random access memory and/or in Your hard drive and/or in Your proxy server.  Big Hammer, the Big Hammer logo, M2O, Product Registry, Merchant Portal, Supplier Portal, My Big Hammer, Big Hammer Data, and Edgenet names used on the Site are trademarks of Edgenet in the USA and other countries. All other brand names, product names or trademarks belong to their respective owners.

Edgenet hereby reserves all right, title and interest to all of its intellectual property including, but not limited to all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Edgenet may have in and to the Site, its content, and the services provided by Edgenet via the Site.  Any use of Edgenet's intellectual property requires Edgenet's prior written consent.  These Terms of Use do not provide You with any implied or express licenses or rights to Edgenet's intellectual property and any such licenses will be provided for under a Service Agreement with Edgenet.  In the event that You are accessing the Site on behalf of Your employer or any third party, such rights may be contained in such a Service Agreement between Your employer and Edgenet.  Prior to using the Site, You agree that You shall obtain a copy of any such Agreement and agree to be bound by the terms contained therein.  In the event You do not agree to any such terms without modification, do not use the Site.  Any rights not expressly granted herein are reserved.

Compilation of Data resulting from Interaction with Site.  You acknowledge, understand and agree that your use of the Site shall result in the creation of data relating to Your interaction with the Site.  You hereby authorize the compilation, storage, maintenance and further use of such data by Edgenet, as well as its assigns and successors in interest, provided however that Edgenet's use of such data shall be in accordance with the privacy policy listed below.  You hereby assigns all right, title and interest in such data to Edgenet, provided however that Edgenet agrees that it will not:  i) use the data for direct marketing purposes to individual end users; or ii) use or disclose such data in a manner that would otherwise identify You.  Any such limitation shall not however prevent Edgenet from using the data in any other manner.

Privacy Policy.  Edgenet is committed to protecting the privacy of our customers. Information We collect from You is used solely to process orders and enhance Your personal shopping experience. Please read below for more detailed information about our privacy policy.

How We Use Information.  Edgenet does not rent, trade or sell Your personal information to any third party.  Our Site uses an order form so that You can request information, products, and services. Contact information (e-mail address, telephone number, etc.) from the order form is used to send Your orders and information about our company to You. Your contact information is also used to contact You when necessary. Financial information (credit card numbers, credit card expiration dates, billing address, etc.) that is collected is used to bill You for products and services. Financial information is not used for any other purpose than billing.  You may, from time to time, receive information from us about new features, new services, and special offers we think You'll find valuable.

How We Use "Cookies".  To enhance Your experience on the Site, We use a feature on Your Internet browser called a "cookie." Cookies are small files that Your Web browser places on Your computer's hard drive. We use cookies to let us know that You are a prior customer and to let us know that You found us through a particular Site or advertisement. We also use cookies to retrieve certain information previously provided by You to the Site, so that You do not need to re-enter this information every time You shop at the Site. Cookies are not used to access information entered on the secure server. This information can only be accessed when You enter Your username and password.

Security.  Your personal information, such as name, address, phone, email, or credit card number, is NEVER stored in a cookie. It is stored on our completely secure server, and is never available to any other site.

How Edgenet Keeps Your Information Secure.  When You place an order on our Site, Your personal information and credit card information are encrypted using SSL (Secure Socket Layer) encryption technology before being sent over the Internet.,
Your Agreement.  By using our Site, You agree to the collection and use of this information. We will post any changes to our Privacy Policy on this page so that You are always aware of what information we collect and how we use it.

If You have any questions regarding these Terms of Use or Edgenet's privacy practices, please contact us.

Contacting Edgenet.  If You have any questions about this privacy statement, the practices of the Site, or Your dealings with the Site, You can contact:

Customer Service
8 Piedmont Center
3525 Piedmont Road - Suite 420
Atlanta, GA 30305
262-953-8020 Customer Service, 8am-5pm, Monday-Friday, CST
262-953-8080 Fax
customerservice@edgenet.com

Although Edgenet will in most circumstances be able to receive Your e-mail or other information provided through the Site (including, without limitation, service requests and other submissions), Edgenet does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that Internet e-mail typically is not secure.

General.  You agree that these Terms of Use and Your use of the Site are governed by the laws of the State of Wisconsin, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Waukesha, Wisconsin, USA in all disputes (a) arising out of, relating to, or concerning the Site and/or these Terms of Use, (b) in which the Site and/or these Terms of Use is an issue or a material fact, or (c) in which the Site and/or the Terms of Use is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.

You agree that Edgenet may at any time and without notice change the Terms of Use under which the Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between You and Edgenet as a result of the Terms of Use or Your use of the Site.

Edgenet's performance under these Terms of Use is subject to existing laws and legal process and nothing contained in these Terms of Use is in derogation of Edgenet's right to comply with law enforcement requests or requirements relating to Your use of the Site or information provided to, or gathered by Edgenet, with respect to such use.

These Terms of Use along with any other Service Agreement constitute the entire agreement between You and Edgenet with respect to the Site. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Edgenet with respect to the Terms of Use for the Site, provided however that these Terms of Use shall not modify any Service Agreement. A printed version of these Terms of Use and/or of any notice given by The Edgenet in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use or Your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Edgenet in printed form.