Introduction
Welcome to RSMeans Online. This User Agreement ("Agreement") is a legally binding contract between you (the "User") and RSMeans regarding your use of the RSMeans Online website and related services. By accessing or using our website, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
1. Acceptance of Terms
RSMeans reserves the right to update, modify, or revise this Agreement at any time without prior notice. Your continued use of the RSMeans Online website after any changes constitute acceptance of those changes. It is your responsibility to review this Agreement periodically for updates.
2. Description of RSMeans Online Services
RSMeans Online provides construction cost data, estimating tools, and industry information to professionals in the construction, architecture, engineering, and facility management sectors. Our platform offers:
- Access to current and historical construction cost data
- City cost indexes for accurate location-based estimates
- Customizable cost estimating tools
- Reference materials for construction projects
- Building and repair cost calculations
3. Account Registration and Security
To access certain features of RSMeans Online, you must register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your account information as needed
- Keep your password confidential and secure
- Accept responsibility for all activities that occur under your account
You must notify RSMeans immediately of any unauthorized use of your account or any other breach of security.
4. Subscription and Payment Terms
RSMeans Online operates on a subscription-based model. Subscriptions are available for various durations and access levels. Payment terms are as follows:
- Subscription fees are non-refundable except as specified in our refund policy
- All prices are subject to change without prior notice
- RSMeans reserves the right to modify subscription features or pricing
- Failure to pay subscription fees may result in immediate termination of service
5. Licensed Use Restrictions
RSMeans grants you a limited, non-exclusive, non-transferable license to access and use the RSMeans Online website and its content for personal or internal business purposes. The following restrictions apply:
- You may not copy, reproduce, distribute, or create derivative works from any content without express written permission
- You may not use automated systems to extract data from the website
- You may not reverse engineer, disassemble, or decompile any portion of the website
- You may not frame or incorporate any portion of the website into another website
- You may not use the website for any illegal or unauthorized purpose
6. Intellectual Property Rights
All content on RSMeans Online, including but not limited to text, graphics, logos, images, software, and cost data, is owned by RSMeans and protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any content may violate copyright, trademark, and other laws.
7. User Content and Submissions
If you submit any content to RSMeans Online, including feedback, suggestions, or ideas, you grant RSMeans a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you own all rights to any content you submit.
8. Data Accuracy and Limitations
While RSMeans strives to provide accurate and current construction cost data, we do not warrant that:
- The information is error-free or completely up-to-date
- The cost data will be suitable for your specific circumstances
- Any calculations made using our tools will be accurate for your particular project
Users should verify cost data with additional sources before making critical business decisions.
9. Disclaimer of Warranties
RSMeans Online is provided "as is" and "as available" without warranties of any kind, either express or implied. RSMeans disclaims all warranties, including but not limited to:
- Implied warranties of merchantability
- Implied warranties of fitness for a particular purpose
- Non-infringement of third-party rights
- Any warranties arising from course of dealing or usage of trade
10. Limitation of Liability
To the maximum extent permitted by applicable law, RSMeans shall not be liable for:
- Direct, indirect, incidental, special, consequential, or exemplary damages
- Loss of profits, revenue, data, or business opportunities
- Any damages resulting from use or inability to use RSMeans Online
In any jurisdiction that does not allow the exclusion or limitation of liability for consequential damages, RSMeans' liability shall be limited to the fullest extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless RSMeans, its officers, directors, employees, affiliates, agents, and licensors from any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:
- Your use of and access to RSMeans Online
- Your violation of any term of this Agreement
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your use of RSMeans Online caused damage to a third party
12. Privacy Policy
Your use of RSMeans Online is governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using RSMeans Online, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
13. Termination
RSMeans reserves the right to terminate or suspend your access to RSMeans Online at any time, with or without cause, with or without notice, effective immediately. Upon termination:
- Your right to use RSMeans Online will immediately cease
- All provisions of this Agreement which by their nature should survive termination shall survive
- RSMeans reserves the right to delete your account and all related information
14. Third-Party Links
RSMeans Online may contain links to third-party websites or resources. RSMeans is not responsible for the availability or content of these external sites and does not endorse them. Access to any third-party websites is at your own risk, and you should review their terms and privacy policies.
15. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the state in which RSMeans' principal place of business is located, without regard to its conflict of law provisions. Any dispute arising from this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
16. Electronic Communications
By using RSMeans Online, you consent to receive electronic communications from RSMeans, including emails, notifications, and other communications. You agree that all agreements, notices, disclosures, and other communications that RSMeans provides to you electronically satisfy any legal requirement that such communications be in writing.
17. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining provisions will continue in full force and effect. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this Agreement.
18. Entire Agreement
This Agreement constitutes the entire agreement between you and RSMeans regarding your use of RSMeans Online and supersedes all prior agreements between you and RSMeans regarding the subject matter herein. Any modifications to this Agreement must be in writing and signed by an authorized representative of RSMeans.
19. Waiver
Failure of RSMeans to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of RSMeans.
20. Contact Information
If you have any questions about this User Agreement or RSMeans Online, please contact our customer support team through the contact information provided on our website.
