Terms and Conditions for Electronic File Transfer
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Check all boxes below to confirm agreement of the terms and conditions listed below for electronic file transfer.
I (the authorized recipient named above and listed herein as "I", "me", "my", and other similar titles) agree that Josh PS will provide me with the electronic files relating to the address listed above subject to the following terms and conditions. (checking the box indicates agreement)
I (the authorized recipient named above) agree that the electronic files are for my sole convenience and use at my own liability in the preparation of plans solely related to the address listed herein and no other place or purpose. By accessing, accepting, and/or utilizing the electronic information, I accept, and agree to be bound by these terms and conditions listed below. (checking the box indicates agreement)
I (the authorized recipient named above) agree that Josh PS makes no representation as to the compatibility of the distributed electronic files with hardware or software, and use is solely at my own risk. (checking the box indicates agreement)
I (the authorized recipient named above) agree that the distributed electronic files and data are part of Josh PS instruments of service and shall not be used by me or anyone else receiving the files through or from me for any purpose other than as a convenience in the preparation of plans for the above referenced project at my sole liability. I agree to make no claim and hereby waive, to the fullest extent permitted by law, any claim or cause of action of any nature against Josh PS, its officers, directors, employees, agents, or subconsultants that arises out of or in connection with receipt, transmittal, or use of these electronic files. (checking the box indicates agreement)
I (the authorized recipient named above) agree not to transmit these electronic files for the project address listed above to others without first obtaining the intended recipient’s written agreement to be bound by all of the terms and conditions stated herein. (checking the box indicates agreement)
I (the authorized recipient named above) agree that I shall, to the fullest extent permitted by law, indemnify and hold Josh PS harmless against all damages, liabilities, or costs including, without limitation, reasonable attorney’s fees and litigation costs arising out of, resulting from or in connection with use of these electronic files. (checking the box indicates agreement)
I (the authorized recipient named above) agree that these electronic files are not design documents. Differences may exist between these electronic files and corresponding hard-copy documents. Josh PS makes no representation regarding the accuracy or completeness of the electronic files received, and the files are limited in accuracy and completeness only to the extent deemed necessary at the time and for the purpose in which they were produced. In the event that a conflict arises between the hardcopy documents prepared by Josh PS and the electronic files, the hardcopy documents shall govern. I am responsible for determining if any conflicts exist. By my use of these electronic files, I understand I am not relieved of my duty to fully comply with the contract documents including and without limitation the need to check, confirm, and coordinate all dimensions and details and coordinate my work with that of others for the project. (checking the box indicates agreement)
I (the authorized recipient named above) agree that because information presented on the electronic files can be modified unintentionally or otherwise, Josh PS reserves the right to remove all indicia of ownership and or involvement from each electronic file. (checking the box indicates agreement)
I (the authorized recipient named above) agree that in no event shall Josh PS be liable for any loss of profit or any consequential damages as a result of my use or reuse of these electronic files. (checking the box indicates agreement)
I (the authorized recipient named above) agree that electronic files will be released upon payment of the invoice that will be sent after acceptance of these terms and conditions. (checking the box indicates agreement)