This website is made available by Terracon Consultants, Inc. (“Terracon”) and all content, information and software provided and through the website (“Content”) may be used solely under the following terms and conditions (“Terms”):

1. Website License. As a user of this website, you are granted a nonexclusive, non-transferable, revocable, limited license to access and use the website and Content in accordance with these Terms. Terracon may terminate this license at any time.

2. Company Information. Information concerning Terracon and its services, including text, graphics, data compilations, logos and similar information is referred to as “Company Information”. Terracon Consultants, Inc. owns all copyrights, trademarks, service marks, trade names related to Terracon and the Company Information and the Company Information is proprietary to Terracon. Except as provided in these Terms, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. You agree that the Content and website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

3. Limitation on Use. The Content on this website has been provided for informational purposes only for your convenience and limited to your authorized use. All rights to rely on the Content are set forth in the proposal and contractual documents for our professional services whose information is contained in this Content and NOT by the grant of usage of this website. No other grants of reliance are intended by the usage of this website. In addition, the Content contained on this website are reproductions of reports issued in hard-copy form “Original Documents”. The Original Documents are to be considered the final version and Terracon is not responsible for any variations between the information contained on this website and the Original Documents. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the website or Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, other automatic device or manual process to monitor or copy Terracon’s website or the Content without Terracon’s prior written permission. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the website except to the extent permitted above. Any unauthorized use of the website or its Content is prohibited.

4. Interaction. Terracon’s website was designed to work with Microsoft Edge. Use of other browsers may prohibit the website from functioning.

5. Registration. Certain sections of this website require you to register. If registration is requested, you agree to provide Terracon with accurate, complete registration information. You agree to inform Terracon of any changes to that information. Each registration is for a single person only. Terracon does not permit (i) any other person using the registered sections under your name; or (ii) access through a single name being made available to multiple users on a network. You are responsible for registering other parties, if any, who are authorized to review your information on the website. You must register each person authorized and responsible for their compliance with these Terms. You are responsible for preventing any unauthorized use. If you believe there has been unauthorized use, you must notify Terracon immediately by emailing
helpdesk@terracon.com.

In the event that other parties no longer require access to the content contained on the website, the client is responsible for notifying Terracon Consultants Inc. and requesting the removal of their access. Submit the email address(es) of the parties who should no longer have access to helpdesk@terracon.com. The client agrees they are responsible for and will indemnify and hold Terracon harmless from any issues associated with the use of this content by other parties.

6. Errors and Omissions. Terracon does not represent or warrant that the website will be error-free, free of viruses or other harmful components, or that defects will be corrected. Terracon does not warrant or represent that the information available on or through the website will be correct, accurate, timely or otherwise reliable. Terracon may make improvements and/or changes to its features, functionality and Content at any time.

7. LIABILITY DISCLAIMER. THE CONTENT AND COMPANY INFORMATION FOUND ON TERRACON’S WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE INFORMATION, SERVICES, OR PRODUCTS OFFERED OR PROVIDED THROUGH OR IN CONNECTION WITH TERRACON’S WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL TERRACON BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF TERRACON’S WEBSITE OR FOR ANY INFORMATION (INCLUDING COMPANY INFORMATION), SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH TERRACON’S WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TERRACON WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TERRACON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

8. Indemnity. By using this website, you agree to indemnify Terracon, its officers, directors, employees, agents, and affiliates from any and all claims, damages, losses and causes of action arising out of (i) unauthorized or alleged unauthorized use of this website; (ii) negligence or alleged negligence in the use of this website; (iii) breach or alleged breach of these Terms; (iv) unauthorized or alleged unauthorized disclosure of information contained on this website.

9. Termination. Terracon may, in its sole discretion, terminate or suspend your access to all or any part of the site, including, but not limited to, any reports for which it has not been compensated, for any reason, including but not limited to breach or alleged breach of these Terms. In the event your access is terminated, the restrictions regarding Company Information, representations and warranties, indemnity and liability disclaimers shall survive any such termination.

10. Jurisdiction. These Terms are governed by the laws of the State of Kansas, without regard to its conflicts of laws provisions. Venue shall be in the state or federal courts located in Johnson County, Kansas.

11. If any provision of these Terms is deemed void, invalid or unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions shall remain in force.

Your use of the Terracon Consultants, Inc. Compass Website is subject to these terms and conditions. Terracon Consultants, Inc. reserves the right to change these terms and conditions at any time and without notice. By using this website, you agree to these terms and conditions and are responsible for regularly reviewing the terms and conditions. Continued use of the website after any such changes constitutes your consent to such changes.