Terms of Use

Acceptance of Terms of Use

Thank you for visiting the SpatialWorx website (a product of Byers Engineering Company). By using this web site, you agree to comply with all of the Terms of Use set forth below and with our Privacy Policy. If you do not wish to be bound by our Terms of Use and Privacy Policy, you may not access or use the web site.

Modifications to Terms of Use

Byers Engineering Company reserves the right to modify these Terms of Use, as well as all or any part of this web site. We will post a notice of material changes to our Terms of Use, which will be effective immediately upon posting. We encourage you to check back here frequently so that you remain aware of the current Terms of Use that apply to you.

Electronic Communications

When you use this web site, submit information via a contact form, or e-mail us, you are communicating with us electronically. If you provide us with your e-mail address and/or other contact information, you consent to allow us to communicate with you via e-mail, telephone, facsimile, U.S. Mail, or otherwise. Please see our Privacy Policy for further information.

Copyright and Licenses

The entire content of this web site, including but not limited to, text, graphics, logos, buttons, images, video and audio clips, digital downloads, data compilations and software, are the property of Byers Engineering Company, its content suppliers or its clients and are protected by domestic and international copyright and trademark laws. If you believe any content appearing on this web site constitutes a copyright or trademark infringement of a third party's rights, please contact us immediately at info@byers.com.

Byers Engineering Company grants you a limited license to access and make personal use of this web site. You may electronically copy and print in hard copy portions of the materials on this web site: (1) for personal use, provided that you maintain all copyright, trademark, and other proprietary rights notices; (2) for reference; (3) for communicating with us; or (4) for placing an order with us. Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without our prior written permission. Request for such permission may be sent to info@byers.com.

Links to Third-Party Web Sites

this web site may provide links to third-party web sites for your information and convenience. If you access those links, you will leave this web site. Third-party web sites will be governed by their own terms and conditions and privacy policies. The inclusion of a link to a third-party web site on this web site does not constitute an endorsement by Byers Engineering Company of that third party's company or products. Byers Engineering Company is not responsible for the content of any linked site. If you encounter any broken links on this web site, please e-mail us at: info@byers.com.

Restrictions on Your Use of this web site

By accessing and using this web site, you agree not to:

• Engage in or promote any kind of illegal activity;
• Upload, download, distribute or print anything that violates these Terms of Use or our Privacy Policy, or that may be harmful to minors;
• Attempt to disable or in any way interfere with the correct functioning of this web site;
• Attempt to access secured portions of this web site to which you do not have access rights;
• Upload, submit or transmit any form of virus, worm, Trojan horse or other malicious code;
• Use this web site to generate unsolicited e-mail advertisements or spam; and
• Use any automatic or manual process to harvest information from this web site.

Disclaimer of Warranty

this web site AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Byers Engineering Company does not warrant the accuracy or completeness of the materials on its web site, nor does Byers warrant that the functions of its web site will be uninterrupted or error-free, that defects will be corrected, or that its web site or the service via which it is transmitted is free of viruses or other harmful code.

Limitation of Liability

IN NO EVENT WILL BYERS ENGINEERING COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS OR USE OF THIS WEB SITE.

Indemnification

You agree to indemnify, defend and hold harmless Byers Engineering Company, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third-party information provider to this web site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from the violation of these Terms of Use, including negligent or wrongful conduct, by you or your use and access of this web site.

Arbitration

Any dispute related in any way to your access or use of the byers.com web site shall be submitted to binding arbitration under the rules of the American Arbitration Association. Notwithstanding the foregoing and without waiving or limiting the foregoing, in the event Byers Engineering Company, at its sole discretion, determines that emergency relief is necessary, Byers Engineering Company reserves the right to seek a temporary restraining order, injunction, or any other type of emergency relief in a court of law and/or before an appropriate administrative panel.

Applicable Law/Forum Selection

This web site is created and controlled by Byers Engineering Company, a corporation formed under the law of the State of Georgia and operated under the laws of the United States of America and the State of Georgia. Therefore, the laws of the United States of America and the State of Georgia will govern these Terms of Use, without giving effect to any principles of conflicts of law. Except as provided above under "Arbitration", you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the United States District Court for the Northern District of Georgia, Atlanta Division, or the Superior or State Courts of Fulton County, Georgia, for any litigation arising out of or relating to your access and use of this web site, and you agree to waive any objection to venue and agree not to claim that the action has been brought in an inconvenient forum. Any arbitration shall also be brought and heard in Atlanta, Georgia.

International Use

Given the global nature of the Internet, you agree to comply with the laws of the United States of America and the State of Georgia, including but not limited to, laws about the Internet, data, e-mail, privacy, and/or copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Severability

In the event any portion of these Terms of Use shall be declared invalid or void by any court, such declaration shall not invalidate the entire Terms of Use and all other portions of said terms shall remain in full force and effect.

Headings

The headings used herein are included solely for convenience and are not to be used in construction or interpretation of these Terms of Use.

Other Provisions

The failure by Byers Engineering Company to insist upon or enforce strict performance of any portion of these Terms of Use shall not be construed as a waiver of any provision or right. Neither course of conduct nor trade practices shall be construed to modify any provision of these Terms of Use. Byers Engineering Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Questions and Notices

Please send any questions or notices concerning this web site to info@byers.com or to our mailing address:

Byers Engineering Company 6285 Barfield Road Atlanta, GA 30328 USA

Trademarks

The Byers Engineering Company logo with three-wave design, SpatialAge, SpatialWorx, and NexusWorx are registered trademarks of Byers Engineering Company.

ArgGIS, ArcObjects, and ESRI® are trademarks, registered trademarks or service marks of ESRI® in the United States, the European Community, or certain other jurisdictions.

Other companies and products mentioned in the SpatialWorx web site may be trademarks or registered trademarks of their respective trademark owners.