LOAD TEST DATABASE

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HPA – WEBSITE DISCLAIMER
(Load Test Database only)
 
General
 
The Helical Pile Association (“HPA”) has compiled this load test database (the “Database”) for use by professional engineers to give an indication of the capacity of a pile that has been achieved using helical piers in previously tested locations.
 
The database provided by HPA is for personal, non-commercial use only and is provided only for informational purposes. The database is not to be relied upon for any purpose whatsoever, including planning or construction purposes. The locations of previous tests shown, mapped or otherwise depicted in the Database are approximations and cannot be relied on in making any determinations regarding the nature or qualities of a given site or the surrounding areas, or the performance of piles or helical piers at such locations. Each site and soil composition is unique and subject to numerous variables that materially affect the performance of piles and helical piers. The information in the Database is site specific and cannot be relied on for information regarding any other site, pile or helical pier. Prior to construction a new load test must be performed in the subject location to determine the exact capacity of the pile using helical piers.
 
HPA puts considerable effort into maintaining its website and controlling the quality of the Database so as to provide a reliable source of test load information. However, HPA, its agents, employees and representatives provide no warranty and make no claims as to the reliability, accuracy or integrity of the Database’s content or functioning.
 
Database Access Terms and Conditions
 
The Helical Pile Association (the “Provider”) is offering you access to its load test internet database (the “Service”) upon the terms and conditions set out below. Please read this document carefully and thoroughly. If you acknowledge and accept the terms and conditions of the Terms of Use, click “ACCEPT” below and continue to access the Service as directed. If you do not agree to the terms and conditions of the Terms of Use, click “NO” below.
 
Terms of Use
 
1. Each time you access and use the Service, or the content contained therein, you signify your acceptance and agreement, and the acceptance and agreement of any natural person, incorporated or unincorporated entity you purport to represent, without limitation or qualification, to be bound by these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on your own behalf and on behalf of such natural person, incorporated or unincorporated entity you purport to represent. If you do not agree with one or more of these Terms of Use, do not access the Service, or the content contained therein.
 
2. The Provider may modify or terminate the Service from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you or to any other user or any third party. The Provider reserves the right to modify the Terms of Service from time to time without notice.
 
Use Subject to Provider’s Policies
 
3. You are solely responsible for all access to the Service. You agree to comply with and use the Service in accordance with the Terms of Use, as well any policies to which you are directed when registering for or using the Service, and with all applicable laws. You agree to hold the Provider, its affiliates and its agents harmless from all liabilities and expenses related to any violation of the Terms of Use by you or any user of your account, or in connection with you or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or the Provider’s policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet.
 
Limited Warranty
 
4. The Service and any other deliverables provided by Provider, its agents and/or suppliers are provided “as is” and “as available” without warranties, representations or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by the Provider (“Third Party Equipment and Services”). Provider nor its affiliates or agents warrant the uninterrupted use or operation of the Service or any deliverable provided under the Terms of Use. The entire risk as to the quality and performance of the Service or any deliverable provided under this Terms of Use is with you. Further, neither Provider nor its affiliates or agents warrant that any data or files sent by or to you will be transmitted in uncorrupted form or within a reasonable period of time, that such data or files will not be intercepted, that other users will not gain access to any of your computer equipment, or that any content or other material accessible through the Service is free of viruses or other harmful components, or will not be subject to caching at intermediate locations on the Internet when being accessed through the Service.
 
(a) NEITHER PROVIDER NOR ITS AFFILIATES OR AGENTS MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE WEB SITE OR THROUGH THE SERVICE, AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
 
Limitation of Liability
 
(b) In the event of any breach by Provider, its affiliates or its agents, including any breach of a fundamental term or any negligence, your exclusive remedy shall be to receive from Provider payment of actual and direct damages to a maximum amount equal to the fees paid hereunder by you to Provider for access to the Service during the period subscribed for by you preceding the relevant breach, being $0.00 (ZERO DOLLARS). Other than the foregoing remedy, under no circumstances shall Provider, its affiliates or its agents be liable to you or any third party for:
 
(i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from the Service, including your use of the Service or access to the Internet, or any part thereof, or your reliance on or use of information or services provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, error, defects, delays in preparations, or transmission, or failure of performance; or
 
(ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party infringes the intellectual property rights or contractual rights of any third party.
 
Non-Confidentiality
 
5. Information provided to the Provider concerning the web site or the Service will be received by the Provider on a non-confidential basis. The Provider reserves the right to use such information at its sole discretion.
 
Reproduction and Copyright
 
6. The Provider reserves the intellectual property rights pertaining to the graphic, navigation and search tool design of the Service.
 
7. Subject to the following paragraph and the below conditions pertaining to prohibited use, information or documents provided on the Service can be copied, printed and distributed by you free of charge and without any other authorization from the Provider, provided that the Provider is identified as the source of the document.
 
Prohibited Uses
 
8. Notwithstanding the reproduction rights granted in the preceding section, the following uses of the Service are prohibited unless the Provider has provided prior written consent:
 
(a) Incorporating information or documents provided by the Service into another web site but masking their origin or source through framing, re-use of search processes, or any other means of creating confusion and misrepresenting the fact that the information or documents come from the Provider’s web site or the Service;
(b) Use of the Service via automated mechanisms, in particular for bulk downloading of information or documents.
 
9. The Provider reserves the right to block, at its discretion and without prior notice, any user from accessing its website for any reason.
 
Severability
 
10. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
 
Interpretation
 
11. Headings and section numbers in the Terms of Use are for organizational purposes only, and shall not be deemed to form part of the Terms of Use.
 
Entire Agreement
 
12. The Terms of Use constitute the entire agreement between you and the Provider with respect to the use of the Provider’s web site and the Service, and supersedes all prior or contemporaneous understandings regarding such subject matter.
 
Applicable Law
 
13. Use of the Service is governed by the federal, state and provincial legislation in force in all states and provinces of the United States and Canada. Any legal action against the Provider with regards to the Service shall be brought before the courts in the appropriate city.

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