Last Updated: March 2, 2009
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Welcome to ToolBase.org (sometimes referred to herein as the "site" or
"website"), a website operated as part of the ToolBase Services suite of
services provided by NAHB Research Center, Inc. (sometimes referred to herein
as the “Research Center”).
By using this site and/or any materials downloaded or otherwise obtained
directly or indirectly from this site, you agree to the following terms of use
("Terms"). The Research Center reserves the right, at any time and without
prior notification, to modify, alter, or update these Terms. You may review the
most current version of these Terms by clicking on the "Terms of Use" hyperlink
at the bottom of any web page throughout this site. You are responsible for
periodically reviewing these Terms for changes. If you continue to use this
site after changes have been made, you are signifying your acceptance of the
new Terms, regardless of whether you have reviewed the new Terms.
Certain areas of this site may include additional guidelines or rules that
supplement these Terms. By using those areas of this site, you are agreeing to
comply with those additional guidelines and rules as well.
Access to Site
To access this site, you must have access to a compatible web browser. You are
responsible for obtaining and maintaining all Internet access services,
computer hardware, software and other equipment and services needed for access
to and use of this site and paying all charges related thereto.
Copyright and Trademarks
All site design, text, graphics, artwork, photographs, illustrations, documents,
audio clips, video clips, software, data and other copyrightable or otherwise
legally protectible elements contained herein are the exclusive property of the
Research Center or its third party suppliers, advertisers or sponsors and are
protected by United States and international intellectual property laws. The
selection, sequence, "look and feel" and arrangements hereof are the exclusive
property of the Research Center and are protected by United States and
international intellectual property laws. All rights reserved.
All trademarks (TM), service marks (SM), and trade names are proprietary to the
Research Center, or their respective owners. You may not use any such marks for
any purpose whatsoever without the express prior written permission of the
Research Center, or their respective owners.
This site is for your personal and non-commercial use only. With respect to any
documents or other materials expressly made available for download by the
Research Center from this site (e.g., CAD designs, informational videos,
instructional materials, etc.), you may view, print, download and make copies
of such materials, subject to the following conditions: (a) the materials may
be used solely for your own personal information and not for commercial use;
and (b) you must retain without modification all copyright, trademark and other
proprietary notices and all disclaimers affixed to or contained in such
materials and all copies thereof. You may not distribute any materials
downloaded or otherwise obtained from this site to any other persons or
organizations unless such materials are accompanied by a copy of these Terms,
which shall be binding on such persons or organizations. Alternatively, you may
refer such persons or organizations to such materials by way of a link to this
site. Notwithstanding the foregoing, certain documents, images and other
materials appearing on this site have been obtained from individuals or other
organizations not affiliated with the Research Center and may be subject to
additional restrictions on use. In some cases, permission to use such materials
must be obtained directly from the applicable individual or organization. You
may contact the Director of Communications at
mailto:aholtz@nahbrc.com to determine which materials are subject to
such restrictions or require permission for use. Except as expressly provided
above, you may not reproduce, download, republish, frame, transmit, distribute,
sell, license, modify, alter, reverse engineer or prepare derivative works from
this site, any materials downloaded or otherwise obtained from this site, or
any portion of such works or materials, except with the express prior written
permission of the Research Center. Nothing contained in this site shall be
construed as conferring by implication, estoppel or otherwise any license or
right under any copyright, patent, trademark or other proprietary interest of
the Research Center or any third party. Any rights not expressly granted herein
are reserved.
Use of spiders, robots and similar data mining and extraction tools is expressly
prohibited, except by publicly available Internet search engine portals for
purposes of indexing the website.
Feedback and Other Suggestions
Although comments and questions about this site are welcomed, the Research
Center does not accept unsolicited submissions, creative ideas or other content
for the site. Any messages, suggestions, ideas or concepts that are submitted
shall become, and remain, the exclusive property of the Research Center.
Furthermore, the Research Center is not responsible for the confidentiality of
any information communicated to the Research Center. If you choose to submit
material to the Research Center, you agree that the Research Center is entitled
to unrestricted use of such submissions throughout the world for any purpose
whatsoever, including advertising and promotional purposes, and including but
not limited to the right to reproduce, distribute, display, perform and modify
the material in any manner or media, without compensation to you or any other
party.
User Postings
With respect to any materials you elect to post for inclusion in the site, such
as user testimonials, you must only post content that you created or that you
have permission to post. By posting materials, you grant to the Research
Center, its affiliates and suppliers, simultaneous with such posting, the
royalty-free, irrevocable, non-exclusive and fully sublicensable right and
license to use, reproduce, modify, adapt, publish, transmit, translate, create
derivative works from, distribute, perform and display such material (in whole
or part) worldwide in perpetuity and/or to incorporate it in other works in any
form, media or technology now known or later developed.
Furthermore, you represent that you have the lawful right to furnish such
submissions to the Research Center and agree that you will not submit any
information unless you are legally entitled to do so. Because of the open
nature of the Internet, we recommend that you not submit information you
consider confidential or proprietary.
Prohibited Activities
Users agree not to post on the site any information or material that: (a) is
unlawful, profane, hateful, harmful, threatening, abusive, harassing, obscene,
vulgar, libelous, defamatory, deceptive, fraudulent, tortuous or that
encourages criminal activity; (b) infringes upon or misappropriates any third
party’s intellectual property or other proprietary rights; (c) invades or
otherwise violates any third party’s privacy; (d) impersonates another user,
person, corporation or entity; (e) contains viruses or any other computer code,
files or programs that interrupt, destroy or limit the functionality of any
software, hardware or telecommunications equipment, or otherwise permits or
enables the unauthorized use of a computer or computer network or interferes
with the use of this site; (f) is racially, ethnically, or otherwise
objectionable; or (g) violates these Terms. All determinations regarding the
removal of such material shall be made at the Research Center's sole
discretion.
Users are prohibited from using this site for chain letters, junk mail,
spamming, or unauthorized commercial activities of any kind.
The Research Center’s Rights
You expressly acknowledge and agree that the Research Center reserves the right
to monitor, reject, edit and/or remove any user postings for any reason in its
sole discretion, including any messages forwarded to third parties via the
website. Without limiting the foregoing, the Research Center may remove any
material that it feels is defamatory, damaging, illegal, in any way offensive
or annoying, that infringes upon or otherwise violates any third party’s
rights, or that the Research Center otherwise determines is inconsistent with
its policies and/or these Terms. A user's access to all or any portion of this
site may be suspended or terminated at the sole discretion of the Research
Center if it feels that the user's conduct is inappropriate. Although the
Research Center may from time to time monitor user postings, in no event does
it assume any particular obligation to do so or liability for any failure or
delay in either monitoring user postings or removing specific material.
The Research Center shall have the right to disclose any content or
communication of any kind when requested by governmental or quasi-governmental
authorities to conduct an investigation, hearing or the like; to allow the
Research Center or a governmental or quasi-governmental authority to verify or
enforce compliance with the policies governing this site and applicable laws;
or to allow the Research Center to protect against misuse or unauthorized use
of this site and all portions thereof. The Research Center also may disclose
any content or communication of any kind whenever we believe disclosure is
necessary to limit our legal liability; to protect or defend our rights or
property; to protect the safety, rights, or property of our users; or to
satisfy any legal obligation.
The Research Center has the right to any and all legal methods for identifying
persons responsible for the illegal or unlawful uploading of information to,
alteration of information on, or interference with the operation of this site
or any part of the network to which it is connected.
Notice and Procedure for Making Claims of Infringement
The Research Center respects the intellectual property of others, and we ask our
users to do the same. If you believe your copyrighted materials have been
copied in a way that constitutes copyright infringement, please follow our
Procedure for Making Claims of Copyright Infringement, which includes
instructions on how to contact us to report possible copyright infringement by
our users. ALL INQUIRIES NOT RELATING TO SUCH A CLAIM WILL NOT RECEIVE A
RESPONSE.
Links and Advertising
For your convenience, this site provides links to websites operated by third
parties. The Research Center has no control over and does not endorse or
otherwise guarantee such websites. This site may also feature advertisements
and sponsorships from third parties. The inclusion of an advertisement or
sponsorship on this site does not constitute an endorsement or recommendation
by the Research Center with respect to any products or services of such third
parties. The Research Center does not assume any responsibility or liability
for the availability of such websites, advertising, or sponsorships; for any
content, advertising, software, products, services and other materials on or
available from such websites; or for such sponsors or the parties that operate
such websites or display such advertisements. ToolBase shall not be responsible
or liable, directly or indirectly, for any damage or loss of any sort caused or
alleged to be caused by or in connection with use of or reliance on any such
content, advertising, software, products, services or other materials on or
available through any such website or third party. Your correspondence or
business dealings with such third parties, including but not limited to the
payment and delivery of goods or services and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
you and such third party. You should carefully review their privacy statements
and other conditions of use. Your use of such websites and associated products
and services is entirely at your own risk.
Links may be made to our website from other personal and organizational web
pages. We require that you link to our site rather than downloading portions of
it to another web server, so that our viewers will see our most up-to-date
information.
Disclaimer
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE,
INCLUDING BUT NOT LIMITED TO TEXT, GRAPHICS, ARTWORK, PHOTOGRAPHS,
ILLUSTRATIONS, CAD DESIGNS, DOCUMENTS, AUDIO CLIPS, VIDEO CLIPS, SOFTWARE, DATA
AND LINKS, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY
OR OTHER OBLIGATION OF ANY KIND. ALL RISK OF USE LIES WITH THE USER. THE
RESEARCH CENTER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR
IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. THE RESEARCH CENTER DOES NOT
WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, THAT THIS SITE IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED. NO
ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY A REPRESENTATIVE OF THE
RESEARCH CENTER SHALL CREATE A WARRANTY.
WHILE WE USE REASONABLE EFFORTS TO FURNISH ACCURATE AND UP-TO-DATE INFORMATION,
THE RESEARCH CENTER DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR
ERROR-FREE. ALL INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.
THE RESEARCH CENTER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR
OMISSIONS IN THE INFORMATION ACCESSIBLE VIA THIS SITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE
LAWS APPLY TO YOU, YOU MIGHT HAVE ADDITIONAL RIGHTS.
Third Party Materials
The Research Center is not responsible for any material posted by or otherwise
obtained from parties other than the Research Center, including but not limited
to user testimonials and other postings, documents prepared by third parties
and made available via this site and third party software. The Research Center
is merely providing access to such material as a service to you.
With respect to any materials posted by or otherwise obtained from parties
other than the Research Center, such parties are responsible for the
reliability, accuracy and truthfulness of such material and such matters are
beyond the control of the Research Center. Similarly, the Research Center has
no control over whether such material is of a nature that users will find
offensive or otherwise unacceptable and expressly disclaims any responsibility
for such material. Just as when you obtain materials in any other setting, you
should exercise appropriate discretion, good judgment and caution in accessing
such materials and in taking any actions based upon such materials.
Accordingly, you will bear all risk associated with any such material that you
access.
Information and opinions expressed by users or other third parties are not
necessarily those of the Research Center.
No Rendering of Advice
The information contained in or made available through this site is provided for
informational purposes only. The Research Center is not engaged in providing
legal, engineering, consulting, design, architectural, accounting, or other
professional services of any kind through this site, and any user requiring
such services is advised to seek the assistance of a competent professional.
Your use of this site does not give rise to a client, advisory, fiduciary or
professional services relationship between you and the Research Center.
Limitation of Liability
THE RESEARCH CENTER, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY SUPPLIERS,
ADVERTISERS, SPONSORS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY LOSSES OR
DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF OR INABILITY
TO USE THE SITE OR ANY MATERIALS OR INFORMATION CONTAINED IN OR MADE AVAILABLE
THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFITS, GOODWILL, DATA OR USE OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES), EVEN IF SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATION SHALL APPLY REGARDLESS OF THE FORM OF
ACTION AND WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS
NEGLIGENCE.
THE RESEARCH CENTER, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY SUPPLIERS,
ADVERTISERS, SPONSORS AND EMPLOYEES CANNOT BE HELD ACCOUNTABLE FOR ANY THIRD
PARTY CLAIMS, LIABILITY, DAMAGES, OR COSTS ARISING FROM YOUR USE OF THE SITE
AND/OR ANY MATERIALS OBTAINED FROM THIS SITE, YOUR VIOLATION OF THESE TERMS OF
USE, OR THE ACTIVITIES OF ANY USER OF YOUR ACCOUNT.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS THE RESEARCH CENTER’S LIABILITY, AND THE LIABILITY OF ITS
AFFILIATES AND ITS AND THEIR SUPPLIERS, ADVERTISERS, SPONSORS, AND EMPLOYEES,
SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Termination and Suspension; Modifications to Site
The Research Center reserves the right, in its sole discretion, to terminate,
suspend or otherwise restrict your access to or use of this site (or any
portion hereof) with or without notice at any time for any reason whatsoever,
including without limitation if the Research Center believes that you have
violated or acted inconsistently with the letter or spirit of these Terms. In
addition, the Research Center reserves the right, in its sole discretion, to
modify or temporarily or permanently suspend or discontinue this site (or any
aspect or feature hereof) with or without notice at any time. The Research
Center shall not be liable to you or to any third party for any such
termination, suspension, restriction, modification or discontinuation.
Indemnification
By using this site and/or posting or distributing material, you agree to
indemnify and hold harmless the Research Center, its affiliates and third party
suppliers, advertisers, and sponsors, and its and their officers, directors,
employees, contractors and agents, for any and all claims, damages, defense
costs, attorneys’ fees and expenses, losses and causes of action arising out of
your use or misuse of the site or any materials obtained from this site,
posting of any material to this site, distributing of any materials obtained
from this site, violation of any rights of any third party, or breach of these
Terms. The Research Center reserves the right, at its expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you agree to cooperate with the Research
Center in asserting any available defenses.
Governing Law; Exclusive Jurisdiction; Waiver of Jury Trial
The Research Center operates and maintains this site from within the United
States of America. The Research Center makes no representation that this site
or any content on or accessed through this site is appropriate or available for
use in locations other than the United States of America. You are responsible
for compliance with all local laws and regulations, as applicable, including
but not limited to all applicable laws regarding online conduct and acceptable
content, as well as all applicable export control laws. These Terms and the
relationship between you and the Research Center shall be governed by the laws
of the State of Maryland, USA, without regard to its conflict of law
provisions. The United Nations Convention on Contracts for the International
Sale of Goods shall have no applicability to these Terms. The parties hereby
agree to waive and opt-out of any application of the Uniform Computer
Information Transactions Act (UCITA), or any version thereof, adopted by any
State in any form. SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH
ABOVE, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS
OR YOUR ACCESS TO OR USE OF THIS SITE SHALL BE INSTITUTED ONLY IN A STATE OR
FEDERAL COURT LOCATED IN THE STATE OF MARYLAND, USA, AND YOU EXPRESSLY CONSENT
TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF SUCH COURTS. EACH PARTY HEREBY
WAIVES ITS RIGHT TO A TRIAL BY JURY FOR ANY DISPUTES BETWEEN THE PARTIES.
Consent to Electronic Delivery of Notices
To the extent that the Research Center is required to provide you with any
notices, agreements or other information regarding this site, you agree that
the Research Center may deliver such information electronically, including
without limitation posting the notices on the home page of this site. To
withdraw your consent to receive notices electronically, you must notify us of
your withdrawal of such consent and discontinue your use of this site.
Minors
This site is not intended for use by or availability to minors. IF YOU ARE NOT
LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 13 YEARS OF
AGE, YOU MAY NOT ACCESS OR USE THIS SITE.
Miscellaneous
These Terms constitute the entire agreement between you and the Research Center
with respect to your access to and use of this site and supersede any prior or
contemporaneous agreements, whether written or oral, between you and the
Research Center with respect to the subject matter hereof. The failure of the
Research Center to exercise or enforce any right or provision of these Terms
shall not constitute a waiver of such right or provision. If any provision of
these Terms is found by a court of competent jurisdiction to be invalid or
unenforceable, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the
other provisions of these Terms shall remain in full force and effect. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of this site or these Terms must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. The section headings used herein are for convenience only and
shall not be given any legal or contractual effect.
Privacy
Please review our Privacy Policy,
which also governs your visit to this site and is incorporated herein by
reference, to understand our practices.
Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications
of claimed copyright infringement on the Research Center website should be sent
ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING THE RESEARCH
CENTER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED BY OUR USERS. Do
not send any inquiries unrelated to copyright infringement (e.g., requests for
technical assistance or customer service) to the contact listed below. You will
not receive a response if sent to that contact.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): NAHB Research Center, Inc.
Name of Agent Designated to Receive Notification of Claimed Infringement:
Anne Holtz-Schmick
Full Address of Designated Agent to Which Notification Should be Sent:
NAHB Research Center, Inc., 400 Prince Georges Blvd., Upper Marlboro, MD 20774
Telephone Number of Designated Agent: (301) 249-4000
Facsimile Number of Designated Agent: (301) 430-6180
E-mail Address of Designated Agent:
mailto:aholtz@nahbrc.com
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of
Claimed Infringement must include the following:
-
An electronic or physical signature of the owner or of the person authorized to
act on behalf of the owner of the copyright interest;
-
Identification of the copyrighted work (or works) that you claim has been
infringed;
-
A description of the material that you claim is infringing, and the location
where the original or an authorized copy of the copyrighted work exists (for
example, the URL of the page of the website where it is lawfully posted; the
name, edition and pages of a book from which an excerpt was copied; etc.);
-
A clear description of where the infringing material is located on our website,
including as applicable its URL, so that we can locate the material;
-
Your address, telephone number and e-mail address;
-
A statement that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and
-
A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner’s behalf.
