HPA – WEBSITE DISCLAIMER
(Load Test Database only)
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
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
(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
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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.
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(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.
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.
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