Terms of Use

Sehinc.com Website Terms of Use

Thank you for your interest in Short Elliott Hendrickson Incorporated (“SEH”). SEH is pleased to make the web site located at sehinc.com (the “Site”) available for your use and benefit. By using the Site you agree to be bound by the Terms of Use set forth below. Use of the Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Statement, you must immediately log off the Site and may not use the Site.

These Terms of Use apply to your access to and use of the Site and do not alter in any way the terms and conditions of any other agreement you may have with SEH, unless otherwise directed by SEH. If you breach any of these terms and conditions, your authorization to use the Site automatically terminates and you must immediately discontinue use of the Site.

Collection of Information on this Site

Any information collected at the Site is governed by our Privacy Statement, unless otherwise stated. To access and use certain services available through the Site, you may be required to register with SEH through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

Copyright

All images, illustrations, designs (including project designs), graphics, icons, photographs, text, audio clips, video clips, brochures and other materials, content and data that appear as part of the Site, as well as the selection, arrangement and organization of the foregoing and the Site as a whole (collectively “Content”) are protected by U.S. and international copyright laws. In addition, the compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of SEH and protected by U.S. and international copyright laws. All software used on the Site is owned by or licensed to SEH and is protected by U.S. and international copyright and other intellectual property laws. SEH grants you permission to view and use the Content and software made available to you on the Site in connection with your own personal, noncommercial use of the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, performance or creation of derivative works, of the Content or software on the Site, either in whole or in part, is strictly prohibited.

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on the Site are registered and unregistered Trademarks of SEH and others. Nothing on the Site shall be construed as granting any license or right to use any Trademark displayed on the Site without the prior written permission of the Trademark owner. Other product and company names mentioned in the Site may be the Trademarks of their respective owners.

Other Intellectual Property

All other intellectual property rights related to the Content and software included on the Site or used in the operation of the Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of SEH. Any use of these rights without the prior written permission of SEH is strictly prohibited.

Accuracy

Information on the Site may contain typographical errors, inaccuracies, or omissions in relation to projects, bid information, grant information, services, locations, descriptions, job openings, and other information and matters. SEH reserves the right to correct any errors, inaccuracies, or omissions and to discontinue, change or update information at any time without prior notice.

Disclaimer of Warranties

THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. SEH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. SEH MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. SEH MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THE SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THE SITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

Limitation of Liability

IN NO EVENT SHALL EITHER SEH, ITS PARENT COMPANIES, SUBSIDIAREIS, AFFILIATES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE CONTENT, MATERIALS, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

Under no circumstances whatsoever shall SEH’s aggregate liability resulting from or relating to your use of the Site exceed Five Dollars ($5.00).

Prohibited Activities and Visitor Obligations

As a visitor or user of the Site you shall not:

violate any applicable law or regulation;
upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
engage in any activities or manipulate identifying material to misrepresent the origin of content;
Post any content that is subject to any disclosure restrictions;
post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
post any unsolicited or unauthorized advertising or promotional materials, including without limitation, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
interfere with or otherwise limit the use of the Site by other users; or collect, compile, or store personal information about other users of the Site;
disrupt or interfere with the operation of the Site by overloading or exceeding the capacity of the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
disrupt or interfere with the security of, or otherwise cause harm to, the Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through the Site or any affiliated or linked sites;
use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without SEH’s prior, express, and written permission; or
use the Site for commercial purposes.

You agree that you are solely responsible for the Post of any content that you make available on or send through this Site. You represent and warrant that your use of the Site and your Posts are in compliance with the above.

Although SEH has no obligation to screen, edit or monitor any user conduct or user content on the Site, SEH reserves the right, and has absolute discretion, to remove, screen or edit any user content and to monitor any user conduct on the Site at any time and for any reason without notice.

Indemnification

You agree to indemnify, defend, and hold SEH and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that SEH incurs or suffers which relate to your use of the Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

Links to Other Web Site

The Site may contain links to other web sites. Additionally, other web sites may contain links to the Site. SEH does not review or monitor the web sites linked to the Site and SEH is not responsible for the content or policies of any other web sites. Any link established by SEH does not constitute an endorsement of the other web sites or create a relationship between SEH and the operators of other web sites. SEH disclaims any liability with respect to your use of any other web site, and you release SEH from any liability related to your use of any link to another web site or your use of any other web site. Where the Site contains a link to another web site owned and/or operated by SEH, such web site use may be subject to different and additional terms of use and privacy statement terms and conditions.

Third Party Providers of Functionality

We may have functionality on the Site that is provided, in whole or in part, by a third party service provider. You can usually identify such third party functionality by the use of a trademark not owned by SEH on or near the functionality or by some other indicator. For such third party functionality, you will need to review the terms of use and privacy statement for that third party, which in some cases may require you to visit that party’s website and locate the terms of use and privacy statement. Your review should include determining whether such terms and policy are acceptable to you. If they are not, do not use the associated functionality on our Site.

Changes to Terms of Use

SEH may revise these Terms of Use at any time without notice. Any use of the Site following the date on which changes to these Terms of Use or the Privacy Statement are published on the Site shall constitute your acceptance of all such changes. You expressly agree that SEH shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Statement.

Continued Operation, Accessibility, and Maintenance of this Site

SEH may modify, change, suspend, terminate or discontinue the operation of the Site or the provision of any services without notice and SEH reserves the right to refuse service to anyone at any time, with or without cause.

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. SEH reserves the right, without notice and in its sole discretion, to refuse or restrict access or service, terminate accounts, remove or edit content, or cancel orders.

General Provisions

Any failure by SEH to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

These Terms of Use shall be governed by the laws of the State of Minnesota USA without giving effect to any principles or conflicts of laws. For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with SEH, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts in the State of Minnesota (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction.

You are responsible for compliance with applicable laws.

Submissions

Any and all questions, comments, suggestions, and similar materials or information that you send or submit to SEH or a third party provider on the Site, by a Post or otherwise (collectively, "Submissions"), shall become SEH’s property; and you hereby transfer, sell, and assign to SEH all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights. SEH has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions, acknowledge receipt of any Submissions or otherwise respond to any Submissions. SEH shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

Contact

For questions or comments related to the Site or these Terms of Use, please email us at trustedadvisor@sehinc.com.

Last updated January 28, 2016.