1. Agreement to These Terms
These Terms of Use (“Terms”) govern your access to and use of the website located at www.yorkengr.com (the “Site”), operated by York Engineering. By accessing or using the Site, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.
These Terms govern your use of the Site only. Any engineering, consulting, or other professional services we provide are governed by a separate written agreement between you and York Engineering. In the event of a conflict, the terms of that separate agreement control with respect to those services.
2. Eligibility
The Site is intended for users who are at least 18 years old and have the legal capacity to enter into these Terms. By using the Site, you represent and warrant that you meet these requirements.
3. Permitted Use
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Site in any manner that violates any applicable federal, state, local, or international law or regulation.
- Attempt to gain unauthorized access to any portion of the Site, accounts, computer systems, or networks connected to the Site.
- Use any robot, spider, scraper, or other automated means to access the Site, or interfere with or disrupt the Site or servers.
- Introduce any virus, malware, or other harmful code.
- Reverse engineer, decompile, or disassemble any portion of the Site.
- Use the Site to transmit unsolicited advertising, spam, or other unauthorized commercial communications.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Collect or harvest information about other users.
4. Intellectual Property
The Site and all of its content, including but not limited to text, graphics, logos, images, drawings, diagrams, photographs, videos, software, and the selection and arrangement thereof (the “Content”), are owned by York Engineering or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial use, or for legitimate business inquiries about our services. You may not reproduce, distribute, modify, create derivative works of, publicly display, publish, or otherwise exploit any Content without our prior written consent.
“York Engineering”, our logo, and any other product or service names, designs, and slogans used on the Site are trademarks of York Engineering. You may not use these without our prior written permission.
5. Professional Information; No Engineering Advice
The Site provides general information about York Engineering and our engineering services. Any technical content, articles, case studies, or other materials on the Site are provided for general informational purposes only and do not constitute professional engineering advice, opinion, or services. No engineer-client relationship is created by your use of the Site or by any communication submitted through the Site.
You should not rely on any information on the Site as a substitute for engagement of a licensed professional engineer. Engineering services are provided only pursuant to a written agreement and only by licensed professionals within the jurisdictions where they are authorized to practice.
6. User Submissions
If you submit any inquiry, message, project description, document, image, or other material to us through the Site or by email, SMS, or other means linked from the Site (“Submissions”), you represent and warrant that you have the right to do so and that your Submissions do not infringe
the rights of any third party.
You grant York Engineering a non-exclusive, royalty-free, worldwide license to use, reproduce, and process your Submissions for the purpose of responding to your inquiry and providing services to you. Do not submit confidential or proprietary information through the Site unless we
have agreed in writing to receive it.
7. SMS Text Messaging Program
If you provide your mobile telephone number to York Engineering in connection with our services, you may receive SMS text messages from us related to customer service and project updates. These Terms incorporate by reference the SMS terms described below and in our Privacy Policy.
A. Program Description
Our SMS program is used only for customer service and project-related communications, including project status updates, scheduling, document requests, responses to inquiries, and notices about invoices or account matters. We do not send marketing or promotional text messages.
B. Consent
By providing your mobile telephone number to York Engineering in connection with our services, you agree to receive SMS messages from us at that number for the purposes described above. Consent to receive SMS messages is not a condition of purchasing any goods or services.
C. Message Frequency and Charges
Message frequency varies depending on the status and activity of your project. Message and data rates may apply according to your wireless carrier’s plan. York Engineering is not responsible for carrier charges.
D. STOP and HELP
You may opt out at any time by replying STOP to any message from us. After you reply STOP, you will receive one confirmation message and no further messages from our SMS program. To resume, reply START. For help, reply HELP or contact us using the information in Section 14.
E. Carrier Disclaimer
Our SMS program is available on most major U.S. wireless carriers. Carriers are not liable for delayed or undelivered messages.
F. Mobile Information Sharing
York Engineering will not sell, rent, share, or otherwise disclose your mobile telephone number or SMS opt-in data to any third party for marketing or promotional purposes. Mobile information may be shared only with service providers that support our SMS program, and only as needed to deliver messages to you.
8. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy on the Site to understand our practices.
9. Third-Party Links and Resources
The Site may contain links to third-party websites or resources that are not owned or controlled by York Engineering. We are not responsible for the content, accuracy, policies, or practices of any third-party site. Your use of any third-party site is at your own risk and subject to the terms and policies of that site.
10. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, [COMPANY NAME] DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, ERROR- FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY INFORMATION ON THE SITE IS ACCURATE, COMPLETE, OR CURRENT.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL YORK ENGINEERING, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF YORK ENGINEERING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YORK ENGINEERING’S TOTAL AGGREGATE LIABILITY ARISING OUT OF
OR RELATING TO YOUR USE OF THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
12. Indemnification
You agree to defend, indemnify, and hold harmless York Engineering, its affiliates, and its and their officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including any Submissions you provide.
13. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the provisions of these Terms that by their nature should survive will continue in effect, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Contact Information
Questions about these Terms should be directed to:
York Engineering
4883 Old Highway Road, Suite A
Morgan, UT 84050
801-876-3501
Yolanda.york@yorkengineering.com
15. Governing Law and Venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Utah, without regard to its conflict of law principles. You and York Engineering agree that any action at law or in equity arising out of or relating to these Terms or the Site will be filed exclusively in the state or federal courts located in Morgan County Utah, and you consent to the personal jurisdiction of those courts.
16. Changes to These Terms
We may revise these Terms from time to time. The most current version will always be posted on the Site, and the “Last Updated” date at the top will reflect any changes. Your continued use of the Site after we post changes constitutes your acceptance of the revised Terms.
17. Miscellaneous
These Terms, together with our Privacy Policy, constitute the entire agreement between you and York Engineering regarding your use of the Site. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision. You may not assign these Terms; we may assign them at any time without notice.
Note: This document is a template and should be reviewed by qualified legal counsel before publication.Governing law, venue, liability caps, and SMS language should be tailored to your company and jurisdiction.