DodgePlans is a construction plans and specifications and project news information service (hereafter "Dodge Plans") provided by F.W. Dodge, a division of The McGraw-Hill Companies, Inc. ("Dodge"). e-Leads is a construction and project bidding news information service (hereafter "e-Leads"). (Dodge Plans and e-Leads, including all related data and software, shall hereafter be collectively referred to as the "Services")

All use of the DodgePlans and e-Leads pages is subject to the terms and conditions set forth below. By completing the registration process, clicking the User Agreement acceptance "button", and using the Services, you represent that you are 18 years old or older and agree to abide by the following terms and conditions. The terms "you" or "User" refer to the person who completed the registration process.

By clicking the "Accept" button, you also agree that Dodge may store the information you provided as part of the registration process, and provide aggregate statistical information about Dodge Users to potential advertisers on the Services and other publications offered by Dodge or Dodge’s parent company, The McGraw-Hill Companies, Inc. ("The McGraw-Hill Companies"). Dodge may also use the information to inform you about other Dodge or McGraw-Hill Companies' publications, products and services, unless you notify Dodge that you do not wish to receive this information. In order to enable project owners and architects to monitor the use of their intellectual property, Dodge may from time to time furnish the project owners and/or architects with the names and addresses of subscribers that are provided access to their proprietary plans and specifications. However, except as noted below, no one other than Dodge will receive your name, address, phone number, e-mail address, or other specific personal identifying information, without your express prior consent. You understand and agree that specific personal identification information pertaining to you may be accessible by third party auditors in connection with a review of Dodge’s records; any such auditor shall be required to enter into an express confidentiality undertaking with Dodge before gaining access to any such information. For a full explanation of Dodge’s (McGraw-Hill’s) customer privacy policy notice, click on the Privacy Policy link at the bottom of this document.

Dodge reserves the right to change the terms of this Agreement. Changes will be posted on the F.W. Dodge Plans About page. If any of these changes are unacceptable, you may terminate your subscription as described below under "Term and Termination." Use of the Services following the posting of any changes to these terms and conditions of this Agreement constitutes acceptance of those changes by the User.

Subject to the terms and conditions of this Agreement, Dodge hereby grants to the User the non-exclusive and non-transferable right to access and use the "Services". This Agreement is subject to the terms and conditions of any written subscription agreement entered into by User and Dodge; in the case of any conflicting terms, the terms of the written subscription agreement shall prevail.

1. LICENSE

The Services may be used only by employees of the User. Only one person at a time may access the Services using the User's username and password without the prior consent of Dodge. The Services may not be used or accessed by any other person or entity, including but not limited to, employees of any entity which is not wholly-owned by User. In addition to and notwithstanding anything to the contrary herein, the Services may not in any event be used or be permitted to be used in any manner that is competitive with Dodge’s distribution of the Services.

User may retrieve, download and print one complete copy of that data provided in the Services (the "Data"), however, that all use of that copy shall be limited to employees of the User. Except as provided in the foregoing sentence, Users may not make copies of the Data included within the Services.

The User may not disseminate the Services, or any portion of the Data contained therein, through electronic means, including mail lists or electronic bulletin boards, without the prior consent of Dodge.

For any software that is included as part of the Services (the "Software"), the User may make one (1) copy of any such Software for archival or backup purposes only. Unless the context otherwise indicates, the term "Software" shall also include any archival or backup copies of that Software made pursuant to the terms of this Agreement. The Software (i) shall be used solely and exclusively for the internal use of the User’s employees; and (ii) may be used solely and exclusively in connection with accessing and using the Services.

2. PROPRIETARY RIGHTS

The User shall not, except as expressly permitted herein, copy, modify, alter, sell, transfer, license, assign, publish, distribute, disseminate, allow access to or convey any portion of the Services, or any derivation, revision or combination thereof. The User expressly acknowledges that the Services were prepared by Dodge and/or its licensors through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money. The User shall keep any usernames and passwords strictly confidential and such usernames and passwords shall not be disclosed to anyone not an employee of the User.

The User agrees to protect all copyright and other proprietary rights of Dodge and/or its licensors in the Services and to comply with reasonable written requests made by Dodge to protect Dodge and/or its licensors' proprietary rights in the Services. The documents contained on this system may contain copyrighted materials owned by other third parties, including architects, engineers or others. These copyrighted materials are protected under U.S. Copyright law, Title 17, United States Code. Any reproduction, alteration or reuse of these materials without express written permission of the copyright owner is prohibited, except that an authorized User may reproduce the documents for use in preparing bids or proposals pursuant to a request to bid on the project represented in the plans.

All documents contained on this service are images and facsimiles of originals held by the architect or engineer; in any instances of conflicting information between the electronic documents and the originals, the original documents will control.

These Services in no way obligate the architect, engineer or owner whose documents are included in the Services to provide additional or updated bidding documents released as addenda.

3. ONLINE ACCESS

The User shall provide, at its expense, a computer, telephone line, and modem which is fully compatible with the Services, including any applicable data and Software. All fees associated with such telephone lines are the responsibility of the User.

4. TERM AND TERMINATION

This Agreement will continue until terminated by either Dodge or you. For DodgePlans Users having a written subscription agreement for Services, this Agreement may be terminated by either party pursuant to the terms of the User’s written subscription agreement. For e-Leads Users, this Agreement may be terminated at any time by either party upon thirty (30) days’ written notice (by e-mail or print). E-Leads Users must cancel service prior to the User's individual monthly renewal date. Otherwise, User’s credit card will be charged for the monthly service and cancellation will not take effect until the first day of the following renewal period.

Dodge may discontinue or change the Services, or its availability to you, at any time. After ninety (90) days of inactivity the User’s username and password will be eliminated and removed from the system.

Upon termination of this Agreement for any reason, User will destroy all copies of the Data delivered to and reproduced by User pursuant to this Agreement in User's possession or under User's control; and expunge any and all Data from any data storage facility, including but not limited to computer processing units, owned by or under the control of User.

5. FEES AND PAYMENT

You may purchase the Services on a pay-per-project basis. You agree to pay all charges incurred in connection with your username and password for the Services (including any applicable taxes) at the rates in effect when the charges were incurred. Dodge may change the on-line purchase fees and charges in effect, or add new charges, by posting new fees or additional fees on-line on the DodgePlans and e-Leads Purchase screens. Dodge may change Dodge Plans' subscription fees pursuant to the terms of the User's written subscription agreement for Services. All charges incurred in connection with your username and password will be billed to the credit card you designate during the registration process, to the credit card you designate at time of purchase, or to the billing address you designated in a written subscription agreement for Services. Once you have purchased a project via the Services, you will be granted access to the information contained in that project and any subsequent updates until 30 days after the project’s bid date or last update date. Projects are not returnable for refund. If you believe your username and password have been used to access the Services without your authorization, please call Dodge Customer Service at the telephone number posted on the Help Menu without delay. Please Note: You are responsible for paying any charges billed to your credit card by an unauthorized third party. DODGE SHALL NOT BE LIABLE FOR ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.

6. NO WARRANTIES/LIMITATIONS ON LIABILITY

NEITHER DODGE NOR THE McGRAW-HILL COMPANIES NOR ANY THIRD PARTY LICENSORS MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE SERVICES, NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE SERVICES. NEITHER DODGE NOR THE McGRAW-HILL COMPANIES SHALL BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, ERROR OR OMISSION, OR INTERRUPTION IN THE SERVICES, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL DODGE, THE McGRAW-HILL COMPANIES NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE SERVICES. USER AGREES THAT ALL DEMANDS OF WHATEVER KIND ASSESSED AGAINST DODGE OR THE McGRAW-HILL COMPANIES OR ANY OF ITS THIRD PARTY LICENSORS ARISING OUT OF OR RELATING TO USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT THE USER HAS PAID TO DODGE FOR USE OF THE SERVICES DURING THE PREVIOUS TWELVE (12) MONTHS.

SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER.

7. GENERAL

Neither party shall have any liability for any default resulting from force majeure which shall be deemed to include any circumstances beyond its reasonable control. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof. The provisions and terms of any purchase order or other instrument issued by the User shall be of no effect and the acceptance of any such order or instrument by Dodge shall not in any way extend or alter the terms of this Agreement. Failure of either party to insist at any time upon strict compliance with the terms of this Agreement or to seek remedy for any breach thereof shall not constitute or be construed as a waiver of any rights or remedies under the Agreement or of any such breach. This Agreement shall be interpreted and construed in accordance with the internal laws of the State of New York. The User shall not sell, assign, or otherwise transfer any license granted hereunder.