Terms & Conditions

ANY AND ALL USE OF THE ENVISION COST MODELS, ENVISION COST MODEL REPORTS OR ENVISION SITE IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH BELOW. BEFORE USING THE ENVISION COST MODELS, ENVISION COST MODEL REPORTS OR ENVISION SITE, PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. BY ACCESSING OR VIEWING THE INFORMATION AND MATERIALS AVAILABLE ON OR THROUGH THE ENVISION COST MODELS, ENVISION COST MODEL REPORTS OR ENVISION SITE, YOU INDICATE THAT YOU UNDERSTAND THESE TERMS AND CONDITIONS AND THAT YOU ACCEPT SUCH TERMS AND CONDITIONS AND AGREE TO COMPLY WITH THEM.

Envision Cost Solutions LLC reserves the right to change these terms and conditions from time to time and it is your obligation to review the terms and conditions for such revisions each time you use the envision cost models, cost model reports or the envision site.

CONFIDENTIAL / PROPRIETARY INFORMATION – You, as the “Receiving Party” shall not disclose any Envision Confidential Information to third parties, except to Receiving Party’s employees on a “need to know” basis. As used in these Terms and Conditions, “Envision Confidential Information” means nonpublic information that Envision designates as being “confidential” or “proprietary.” Envision Confidential Information includes, without limitation, information relating to the Envision Cost Models, Envision Cost Model Reports, including without limitation, technical information, specifications, the supporting software for such models and reports, know-how, ideas, data and concepts originated by Envision Cost Solutions LLC. Confidential Information shall not include any information that: (i) is or subsequently becomes publicly available without Receiving Party’s breach of any obligation owed Envision Cost Solutions LLC; (ii) is known to Receiving Party at the time of disclosure without restrictions on its use; (iii) became known to Receiving Party from a source other than Envision Cost Solutions LLC other than by the breach of an obligation of confidentiality owed to Envision Cost Solutions LLC; or (iv) is independently developed by Receiving Party and there is adequate documentation to demonstrate this condition.  The Receiving Party shall not reverse engineer, disassemble or decompile any Envision Cost Models or Envision Cost Model Reports, including without limitation any prototypes, software or other tangible objects that constitute, contain or embody the Envision Confidential Information.

DISCLAIMER; NO WARRANTY  – USE OF THE ENVISION COST MODELS, ENVISION COST MODEL REPORTS OR ENVISION SITE IS ENTIRELY AT YOUR OWN RISK. ENVISION COST SOLUTIONS LLC BEARS NO RESPONSIBILITY FOR THE CONSEQUENCES OF RELIANCE ON, OR ANY INACCURACY IN, ANY INFORMATION CONTAINED IN THE ENVISION COST MODELS OR ENVISION COST MODEL REPORTS. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ENVISION COST SOLUTIONS LLC SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS.

INDEMNIFICATION – You agree to defend, indemnify, and hold harmless Envision Cost Solutions LLC, its affiliates and subsidiaries, and all of their respective directors, officers, and employees from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees) relating to or arising from or relating to your use of the Envision Cost Models, Envision Cost Model Reports or Envision Site and any breach by you of these Terms and Conditions.

MISCELLANEOUS – These Terms and Conditions will be governed by and construed in accordance with the laws of the Commonwealth of Virginia without reference to its conflicts of laws provisions. By using this site, you consent to the exercise of jurisdiction by the courts residing in the Commonwealth of Virginia, including all state and federal courts. If any part of these Terms and Conditions is held to be invalid or unenforceable for any reason, the remaining parts will remain in full force and effect. By using Envision Cost Models, Envision Cost Model Reports or Envision Site, you acknowledge and agree that (a) you shall maintain the confidentiality of your account and password and restrict access to your computer in order to prevent unauthorized and/or inadvertent access to the Envision Cost Models, Envision Cost Model Reports and the Envision Site; and (b) to accept responsibility for all activities that occur under your account or password.