LIMITED USE POLICY

Terms & Conditions

This Web site (the "Site") is owned by Active3DB, L.L.C. (Active3DB) It is designed for the use by individuals, professionals and companies only. Your use of this Site is subject to the following terms and conditions terms and conditions ("Terms and Conditions") and the privacy policy (“Privacy Policy”) incorporated into the Terms and Conditions. As used on this Site, the term "you", includes both you personally and, if applicable, the company on whose behalf you are accessing the Site ("your Company"). YOUR ACCESS TO AND USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THE TERMS AND CONDITIONS AND PRIVACY POLICY. If you do not agree with the provisions of the Terms and Conditions and/or Privacy Policy, do not use this Site. If you have questions about the Terms and Conditions and/or the Privacy Policy, email our Webmaster.

1. LIMITED LICENSE FOR USE OF SITE MATERIALS
2. COPYRIGHT
3. SOFTWARE
4. TRADEMARKS
5. LAW ENFORCEMENT
6. ADDITIONAL RESTRICTIONS
7. PRIVACY STATEMENT/USE OF INFORMATION PROVIDED
8. DISCLAIMER
9. LIMITATION ON DAMAGES
10. INTERNATIONAL USERS /LOCATION OF SITE
11. RIGHT TO CHANGE SITE/SUSPEND USE
12. GENERAL PROVISIONS
13. LINKS TO OTHER Active3DB OR NON- Active3DB SITES
14. NOTICE

15. CONTACT INFORMATION

1. LIMITED LICENSE FOR USE OF SITE MATERIALS

Subject to the terms and conditions set forth in this agreement ("Agreement"), Active3DB grants to you a non-exclusive, non-transferable, limited, revocable license to access the Site and to use and download information ("Materials") from the Site for your use. This authorization is not a transfer of title to these Materials. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.

2. COPYRIGHT

The Materials are protected under copyright and other intellectual property laws and may not be republished by you or provided by you to third parties without the express written consent of Active3DB. Additionally, downloading and copying the Materials is subject to the following restrictions: 1) you must retain all copyright and other proprietary notices contained in the Materials on all copies of the Materials that you make; 2) you may not modify the Materials in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public purpose; and 3) you must give notice of these restrictions on use of the Materials to any person to whom you provide the Materials.

3. SOFTWARE

Any software made available to operate this Site and/or to download Materials from it (the "Software") is the copyrighted work of Active3DB and/or of Active3DB’s suppliers. You are licensed to use this Software on a non-exclusive basis solely for the purpose of visiting the Site and/or downloading Materials from it. You may use this Software only for this purpose. You may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the Software.

4. TRADEMARKS

The " Active3DB name" and " Active3DB logo" are registered trademarks of the H&. Except as expressly provided herein, Active3DB does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, and you must not, use the " Active3DB name" or the " Active3DB logo" or any other registered or unregistered trademarks displayed on the Site, without the prior written consent of an authorized officer of Active3DB.

5. LAW ENFORCEMENT

The Privacy Policy for this Site is incorporated herein by reference and your use of this Site is subject to such Privacy Policy.

You warrant at the time that you provide information to Active3DB on this Site that you are authorized to provide such information and by so doing agree that the information provided is neither confidential nor proprietary. Subject to applicable law, the Privacy Policy and any specific agreements, if any, to the contrary entered into by Active3DB at the time that you provide specific data on this Site, you acknowledge Active3DB that information which you enter or otherwise provide through this Site may be used by Active3DB for its business purposes without restriction. You agree that you shall not provide any information or materials to Active3DB that are defamatory, obscene, harassing, threatening or otherwise unlawful or that incorporates the proprietary material of another party. You specifically agree that Active3DB is free to use any ideas, written works, graphics, photographs, know how and business methods that you provide to Active3DB through use of this Site.

6. ADDITIONAL RESTRICTIONS

You acknowledged Active3DB and agree to abide by all additional restrictions displayed on the Site, as it may be updated from time to time.

7. PRIVACY STATEMENT/USE OF INFORMATION PROVIDED

The Privacy Policy for this Site is incorporated herein by reference and your use of this Site is subject to such Privacy Policy.

You warrant at the time that you provide information to Active3DB on this Site that you are authorized to provide such information and by so doing agree that the information provided is neither confidential nor proprietary. You acknowledge Active3DB, that unless specifically agreed to the contrary by Active3DB at the time you enter information on the Site, the information may be used by Active3DB for its business purposes without restriction.

You agree that you shall not provide any information or materials to Active3DB that are defamatory, obscene, harassing, threatening or otherwise unlawful or that incorporates the proprietary material of another party. Further, by entering data at the Site you grant to Active3DB an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, and distribute any such information provided to Active3DB. You specifically agree that Active3DB is free to use any ideas, know how and business methods that you provide to Active3DB Capital through use of this Site.

8. DISCLAIMER

THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS, Active3DB DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY, ADVICE, OPINION OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED ON THIS SITE. YOU ACKNOWLEDGE Active3DB THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK. Active3DB RESERVES THE RIGHT IN ITS SOLE DISCRETION TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE MATERIALS AND TO MAKE ANY OTHER CHANGE Active3DBS TO THE SITE, MATERIALS, TOOLS, PRODUCTS, SERVICES AND PRICES (IF ANY) DISPLAYED OR DESCRIBED AT THIS SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THIS SITE, AND THE SOFTWARE MADE AVAILABLE ON THIS SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE. Active3DB DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE USE; NOR DOES Active3DB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR CONTENT. Active3DB DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TRUTHFULNESS, OR RELIABILITY OF ANY INFORMATION PROVIDED THROUGH THIS SITE.

Active3DB does not guarantee or warrant that files available for downloading will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Site for the reconstruction of any lost data.

9. LIMITATION ON DAMAGES

Active3DB, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS (COLLECTIVELY " Active3DB”) WILL NOT BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR YOUR INFORMATION HANDLING SYSTEM, PAIN AND SUFFERING OR EMOTIONAL DISTRESS) THAT ARE RELATED TO THE USE OF THE SITE, OR THE USE OF CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE EVEN IF Active3DB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Active3DB AND/OR ITS VENDORS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO Active3DB FOR THE USE OF THE SITE OR THE PRODUCTS AND SERVICES OUT OF WHICH THE LIABILITY AROSE OR, IF YOU HAVEN'T MADE ANY PAYMENTS TO Active3DB, THEN THE LIABILITY OF Active3DB AND/OR ITS VENDORS SHALL NOT EXCEED $100.00 (US) IN THE AGGREGATE.

10. INTERNATIONAL USERS /LOCATION OF SITE

Active3DB does not make any representation that materials at this Site are appropriate or available for use at locations outside the United States and access to them from territories where their contents are illegal is prohibited. Use of this Site or export of the Materials in violation of U.S. export laws and regulations is also prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

11. RIGHT TO CHANGE SITE/SUSPEND USE

Active3DB reserves the right, at its sole discretion, to changes the Privacy Policy and the Terms and Conditions at any time without notice. Your continued use of this Site after such changes have been posted will constitute your acceptance of those changes. If such changes affects the use of information or materials provided by you to the Site, such change will apply to information and materials supplied before and to information and materials supplied after the change has been posted. PLEASE CONSULT THE TERMS AND CONDITIONS AND PRIVACY POLICY OFTEN.

12. GENERAL PROVISIONS
You may use the Site only for lawful purposes. To the fullest extent permitted by law, Active3DB will fully cooperate with any law enforcement authorities or court orders requesting or directing Active3DB to disclose information that Active3DB has obtained through your use of the Site. Any cause of action which you may have with respect to the use of this Site, must commence within one year from the date the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum permissible so as to affect the intent of this Agreement, and the remainder of the Agreement shall remain in full force and effect.

You acknowledge that you may be using this Site or parts thereof under a "Company" account or "Company" relationship and that certain parts of this Site may only be accessible to individuals designated as authorized users by your Company. Active3DB reserves the right to terminate your use of the Site and to deny access to your Company workspace upon notification from your Company that you are no longer an authorized user of the Company workspace.

Active3DB may terminate, change, suspend or discontinue any aspect of this Site, including the available features of the Site, at any time. Active3DB may also impose limits on certain features and services and/or restrict access to parts or all of the Site without notice or liability. Active3DB may terminate the authorization to use the Site and any other rights set forth in this Agreement, and upon such termination, your right to use the Materials shall cease and you shall immediately destroy all Materials.

Failure to comply with these requirements may give rise to civil and/or criminal sanctions and/or result in the immediate restriction of your access to all or part of the Site, without notice.

13. LINKS TO OTHER Active3DB OR NON- Active3DB SITES

This Site may contain links to the websites of our business partners, vendors, advertisers or other third parties, which we believe to be of interest to professionals in the construction community. As most of you know, a link may take you off of one site and onto another site. Active3DB does not control the terms and conditions or privacy policies of third parties or the terms and conditions or privacy policies of the third party sites. Please review each such site's terms and conditions and privacy policies. These may differ from the terms and conditions and privacy policy of this Site. You will need to determine if they are acceptable to you and your Company. Active3DB disclaims all responsibility for the content or the privacy practices employed by such other third parties.

There may also be links from this Site to other sites of other Active3DB businesses. Some of these may be links to businesses within the Active3DB group, others to businesses outside of the Active3DB group. As some of the other websites describe Active3DB businesses and products that differ significantly from the Active3DB businesses and products described on this Site, the terms of use and privacy policies for such sites may also differ. When using such links, please review the terms and conditions and privacy policies of the sites accessed to ensure that you are familiar with site specific limitations and requirements.

14. NOTICE

Prior to using this website, you should review the Terms and Conditions and Privacy Policy. Your access to and use of this Site constitutes acceptance of such Terms and Conditions and Privacy Policy.

15. CONTACT INFORMATION
Rob McIntosh
C/O Active3DB, LLC
111 Hekili Street Suite A 497
Kailua, Hawaii 96734
U.S.A.