BY VIRTUE OF HAVING ACCEPTED ELECTRONIC MEDIA FROM BRICK & WEST, LLC, RECIPIENT IS SUBJECT TO THE TERMS AND CONDITIONS OF USE SUPPLIED WITH THE MEDIA DISCLOSURE AND AS FURTHER DESCRIBED HEREIN. BY VIRTUE OF INCORPORATION OF THE REFERENCE TO THIS SITE, THE RECIPIENT (AS DESCRIBED IN THE DISCLOSURE) IS SUBJECT TO THE TERMS AND CONDITIONS OF BOTH THE DISCLOSURE ATTACHED TO THE ORIGINAL TRANSMITTAL AS WELL AS THOSE DESCRIBED HEREIN, REGARDLESS OF WHETHER OR NOT THE 'ACCEPT' BUTTON BELOW IS SELECTED.
-UPDATED 23 JANUARY 2020-
FOR ADDITIONAL INFORMATION PLEASE CONTACT [email protected]
OR CALL THE OFFICE AT 602-455-1982
BRICK & WEST ELECTRONIC MEDIA DISCLOSURE
This agreement, made between Brick & West, LLC (an Arizona Corporation) and Recipient (the recipient of the electronic data (‘Media’) transmitted with this disclosure (including employees, affiliates, contractors, and consultants herein referred to collectively as ‘Recipient’) by virtue of receipt and use of the electronic data (‘Media’) transmitted with this disclosure, the Recipient agrees to the following terms and conditions without reservation: Brick & West, LLC agrees to provide Media that may or may not include all of the hard plan data and details for the referenced project subject to the following conditions. The information is/was originally part of a larger set of construction documents and specifications and is intended for general reference and not as a stand-alone instrument. Further, the electronic information may have been generated from background material that was not necessarily independently verified by Brick & West, LLC or any of its agents including, but not limited to, data collected from sources including Landlord Background Drawings, A.L.T.A. Surveys, Google Earth and the Maricopa County Assessor’s website. ‘Recipient’ shall mean the original Recipient of the transmitted electronic file(s) and any and all agents, contractors, or employees to whom the Recipient transmits this electronic data subsequent to receipt by Recipient.
Therefore, the Recipient agrees to the following by their use of the material transmitted:
1. Due to the potential that the information set forth on the Media can be modified unintentionally or otherwise, Brick & West, LLC shall reserve all rights, at its sole discretion, to remove all indications of its ownership, professional corporation name, and/or involvement from each electronic medium (and its contents) not in its possession.
2. The Recipient recognizes that use of such Media will be at their risk and without any liability, risk or legal exposure to Brick & West, LLC. Furthermore, the Recipient will, to the fullest extent permitted by law, indemnify and hold Brick & West, LLC and its agents harmless from any and all claims, suits, liability, demands, or costs arising out of or resulting there from.
3. The use of this Media is restricted to the original site and project for which it was prepared. Dissemination of any material prepared from said Media shall not be used for other projects or be transferred to any other party for use on other projects. Reuse or reproduction of the data or documents prepared from, by or with this Media (in whole or in part) for any other purpose for which the material was not strictly intended is prohibited. Possession of the Media or documents is prima facie evidence of the acceptance of these restrictions.
4. Recipient recognizes the information stored on the Media incorporates the elements of the project as they existed when the documents were produced and said information does not necessarily include changes that may have occurred during construction or development of the design. Brick & West, LLC will not be liable for information on the electronic file, which is utilized, and which may not be consistent with the actual constructed conditions. The user is responsible to inform themselves of the ‘as-constructed’ conditions that may affect their use and application of this Media.
5. Recipient recognizes that information stored on Media including, but not limited to, computer disks and electronic transfer prepared by Brick & West, LLC may not be 100% compatible with their own computer system due to differences in computer hardware and software. Therefore, Recipient agrees that Brick & West, LLC shall not be held liable for the completeness or accuracy of any materials or documents prepared from such disk or data contained on such Media.
6. Recipient recognizes that designs, plans, and data stored on Media, including, but not limited to, computer disks, may be subject to a virus, undetectable alteration and/or uncontrollable deterioration. Recipient therefore agrees that Brick & West, LLC shall not be held liable for any damage due to a virus. Recipient also agrees that Brick & West, LLC shall not be held liable for the completeness or accuracy of any data or information contained on Media beyond the representation that such information is generally complete and accurate at such time that the Recipient receives the data.
7. Recipient acknowledges that Brick & West, LLC is the sole author and copyright owner of the information contained on the Media and reserves all statutory and common-law rights including but not limited to those provided under Title 17 of the United States Code (https://www.copyright.gov/title17/title17.pdf)
This agreement, made between Brick & West, LLC (an Arizona Corporation) and Recipient (the recipient of the electronic data (‘Media’) transmitted with this disclosure (including employees, affiliates, contractors, and consultants herein referred to collectively as ‘Recipient’) by virtue of receipt and use of the electronic data (‘Media’) transmitted with this disclosure, the Recipient agrees to the following terms and conditions without reservation: Brick & West, LLC agrees to provide Media that may or may not include all of the hard plan data and details for the referenced project subject to the following conditions. The information is/was originally part of a larger set of construction documents and specifications and is intended for general reference and not as a stand-alone instrument. Further, the electronic information may have been generated from background material that was not necessarily independently verified by Brick & West, LLC or any of its agents including, but not limited to, data collected from sources including Landlord Background Drawings, A.L.T.A. Surveys, Google Earth and the Maricopa County Assessor’s website. ‘Recipient’ shall mean the original Recipient of the transmitted electronic file(s) and any and all agents, contractors, or employees to whom the Recipient transmits this electronic data subsequent to receipt by Recipient.
Therefore, the Recipient agrees to the following by their use of the material transmitted:
1. Due to the potential that the information set forth on the Media can be modified unintentionally or otherwise, Brick & West, LLC shall reserve all rights, at its sole discretion, to remove all indications of its ownership, professional corporation name, and/or involvement from each electronic medium (and its contents) not in its possession.
2. The Recipient recognizes that use of such Media will be at their risk and without any liability, risk or legal exposure to Brick & West, LLC. Furthermore, the Recipient will, to the fullest extent permitted by law, indemnify and hold Brick & West, LLC and its agents harmless from any and all claims, suits, liability, demands, or costs arising out of or resulting there from.
3. The use of this Media is restricted to the original site and project for which it was prepared. Dissemination of any material prepared from said Media shall not be used for other projects or be transferred to any other party for use on other projects. Reuse or reproduction of the data or documents prepared from, by or with this Media (in whole or in part) for any other purpose for which the material was not strictly intended is prohibited. Possession of the Media or documents is prima facie evidence of the acceptance of these restrictions.
4. Recipient recognizes the information stored on the Media incorporates the elements of the project as they existed when the documents were produced and said information does not necessarily include changes that may have occurred during construction or development of the design. Brick & West, LLC will not be liable for information on the electronic file, which is utilized, and which may not be consistent with the actual constructed conditions. The user is responsible to inform themselves of the ‘as-constructed’ conditions that may affect their use and application of this Media.
5. Recipient recognizes that information stored on Media including, but not limited to, computer disks and electronic transfer prepared by Brick & West, LLC may not be 100% compatible with their own computer system due to differences in computer hardware and software. Therefore, Recipient agrees that Brick & West, LLC shall not be held liable for the completeness or accuracy of any materials or documents prepared from such disk or data contained on such Media.
6. Recipient recognizes that designs, plans, and data stored on Media, including, but not limited to, computer disks, may be subject to a virus, undetectable alteration and/or uncontrollable deterioration. Recipient therefore agrees that Brick & West, LLC shall not be held liable for any damage due to a virus. Recipient also agrees that Brick & West, LLC shall not be held liable for the completeness or accuracy of any data or information contained on Media beyond the representation that such information is generally complete and accurate at such time that the Recipient receives the data.
7. Recipient acknowledges that Brick & West, LLC is the sole author and copyright owner of the information contained on the Media and reserves all statutory and common-law rights including but not limited to those provided under Title 17 of the United States Code (https://www.copyright.gov/title17/title17.pdf)