Terms and Conditions

READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.

DISCLAIMERS/LIMITATIONS OF LIABILITY

By using this Website, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, then you are not allowed to use this Website and should immediately terminate such usage.

By using this website you understand that there is no client relationship between you and this website publisher.

Use of Content; Restrictions; Privacy Statement

The Content contained on the Web site has been prepared by Estimating 101 as a service to the public and is not intended to constitute advice. Estimating 101 does not warrant or guarantee said content its correctness, comprehensiveness, sufficiency or if it is up to date. Users of Content contained on the Web site or links do so at their own risk. This website may also include links to other websites. These links to other websites are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You are not authorized to copy or use any software, proprietary processes, or technology embodied or described in this Website.

You will comply with all applicable laws in accessing and using this Website.

You acknowledge that we may use your personal information and data according to our Privacy Statement and Cookie Notice, which are incorporated herein by this reference. You hereby agree to the terms of our Privacy Statement and Cookie Notice, including any obligations imposed on you therein.

The content in the web site is provided “as is”, “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-nfringement and fitness for a particular purpose.

Estimating 101 disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to:

  1. any errors in or omissions from it’s site and its content, including but not limited to technical inaccuracies and typographical errors,
  2. any third party websites or content therein directly or indirectly accessed through links in it’s site, including but not limited to any errors in or omissions therefrom,
  3. the unavailability of it’s site or any portion thereof,
  4. your use of it’s site, or
  5. your use of any equipment or software in connection with it’s site
  6. for any damages associated with or between you and any lawyer or law firm you may have found and/or secured as a result of using it’s site or any of its links.A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, consultants’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with it’s site, including its content, regardless of any negligence of any covered party.“Covered party,” means Estimating 101, it’s affiliates, it’s listees, and any officer, director, employee, subcontractor, agent, successor, or assign of Estimating 101, it’s affiliates, and it’s listees. Under no circumstances, including, but not limited to, negligence, shall Estimating 101 be liable for any special or consequential damages that result from the use of, or the inability to use, the content on the web site, even if Estimating 101 or an authorized representative has been advised of the possibility of such damages. In no event shall Estimating 101’s total liability to you for all damages, losses, and causes of action whether in contract, tort and/or negligence, or otherwise exceed the amount paid by you, if any, for accessing the web site.“Client” means anyone who establishes an consultant-client relationship with Estimating 101 as defined in the “HOW CREATE AN CONSULTANT-CLIENT RELATIONSHIP” section below.

 

GOVERNING LAWS IN CASE OF DISPUTE: JURISDICTION

All users, including those users who access the Web site from a country other than the U.S., agree that These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, as they apply to agreements made and solely performed therein. Any Disputes arising hereunder, including those arising from Estimating 101‘s use of personal information or otherwise relating to privacy, shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of New York and jurisdiction therefor shall rest solely in New York, USA.

CHANGES TO SITE AND THESE TERMS AND CONDITIONS

From time to time and as may be prescribed by law, Estimating 101 will make changes to it’s Site and these Terms and Conditions with or without notice. The contents of it’s statement may be altered at any time, at our discretion. Please review it’s link on a regular basis for changes. Continued use of it’s Site following any change constitutes your acceptance of the change.

ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions incorporate by reference any notices contained on it’s Site and constitute the entire agreement with respect to your access to and use of it’s Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

HOW CREATE AN CONSULTANT-CLIENT RELATIONSHIP

We are obligated to advise you that submission of any question on any of our forms on this webpage does not create a consultant-client relationship. Of course, we hope that you hire us to help with your project through consulting or training.
A consultant-client relationship is not established with Estimating 101 UNLESS:

  1. Client reads, understands and agrees to the terms of the ENGAGEMENT AGREEMENT attached to the submission form associated with services the client wishes to purchase;
  2. Estimating 101 receives and acknowledges by e-mail receipt client’s ENGAGEMENT AGREEMENT; and payment of fees for services. Estimating 101 does not accept any liability whatsoever for any electronic submissions of sensitive material that does not reach our office; and
  3. Estimating 101 receives client’s payment in advance for any services that we provide and disbursements.

The various ENGAGEMENT AGREEMENT(s) posted on the website in association to the submission form(s) associated with the services offered the potential clients is incorporated by reference to these TERMS AND CONDITIONS/ DISCLAIMERS/LIMITATIONS OF LIABILITY.

CONSENT

By using our Web site, you consent to (a) the collection and use of information by Estimating 101 and (b) The entire Terms and Conditions of Use. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes. If you do not agree to these terms of use, do not use the site.
If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from Estimating 101. No other use is permitted without prior written permission of Estimating 101.

INDEMNIFICATION

You agree to indemnify, defend and hold Estimating 101 harmless from any liability, loss, claim and expense, including reasonable consultants fees, related to your violation or alleged violation of it’s Agreement or use of the Web site.

All material on Estimating 101 web site is protected by United States copyright law. No Content from the Web site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior permission from Estimating 101, or the copyright holder identified in the copyright notice contained in the Content.

Disclaimers and Limitations of Liability


THIS WEBSITE (INCLUDING WITHOUT LIMITATION ANY CONTENT OR OTHER PART THEREOF) CONTAINS GENERAL INFORMATION ONLY, AND WE ARE NOT, BY MEANS OF THIS WEBSITE, RENDERING PROFESSIONAL ADVICE OR SERVICES. BEFORE MAKING ANY DECISION OR TAKING ANY ACTION THAT MIGHT AFFECT YOUR FINANCES OR BUSINESS, YOU SHOULD CONSULT A QUALIFIED PROFESSIONAL ADVISOR.

THIS WEBSITE IS PROVIDED AS IS, AND WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING IT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THIS WEBSITE WILL BE SECURE, ERROR-FREE, FREE FROM VIRUSES OR MALICIOUS CODE, OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY.

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER, WHETHER IN AN ACTION OF CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, RELATING TO OR ARISING OUT OF THE USE OF THIS WEBSITE, EVEN IF WE KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN LINKS ON THIS WEBSITE MAY LEAD TO WEBSITES, RESOURCES OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.

THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE APPLICABLE TO THE FULLEST EXTENT PERMITTED BY LAW, WHETHER IN CONTRACT, STATUTE, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE.

Additional Terms

If any portion of these Terms of Use is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law in order to effect its intent as nearly as possible, and the remainder of these Terms of Use shall remain in full force and effect, and (ii) in every other jurisdiction, all of these Terms of Use shall remain in full force and effect.

We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use at the Terms of Use link (i.e., this webpage that you are currently viewing) or elsewhere in this Website. Such revisions shall be effective as to you upon posting, unless explicitly stated by us. It is your responsibility to be aware of any such revised Terms of Use by checking this webpage. Your continued use of this Website following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.