Purpose/authorized use of the site
Purpose. The site is intended to be and shall be used for lawful purposes only. The purpose of the site is to enable persons (i) to obtain information about licensure for engineers and surveyors in the specific jurisdictions identified, (ii) acquire study materials for engineering and surveying examinations (Study Materials), (iii) to register for examinations to apply for professional licensure as an engineer or surveyor in various states in the United States or other locations specifically identified on the site (“Exam Registration”), (iv) to submit one’s education credentials for evaluation by the Council or others specifically identified on the site (“Credentials Evaluations”), (v) to prepare an electronic dossier of biographical and professional information that a current or prospective engineer or surveyor might submit to one or more state agencies (“Records”), (vi) to collect survey information, and (vii) provide other information or service as shown on the site.
Children. The site is intended for the use of adults 18 years or older. Children are requested to refrain from using this site or from providing personally identifying information through this site.
The content on the site, including but not limited to the letters and service marks, “NCEES®”, the NCEES logo, National Council of Examiners for Engineering and Surveying®, other NCEES logos and titles, registered and unregistered trademarks (“trademark” as used herein includes service marks), and study materials, is protected under U.S. copyright, trademark, and/or other laws, and the property of NCEES, and certain content is property of member boards of NCEES or others who have authorized its use. Member boards and others to whom a user has authorized transmission of information are sometimes referred to herein as “affiliates.” Certain trademarks, names or identification of affiliates, suppliers, clients, members or states, or state boards are owned by such persons or entities. Unauthorized use of content may violate applicable copyright, trademark, intellectual property, and other laws (some of which provide criminal remedies). You may not sell or modify the content or reproduce, display, distribute, or otherwise use the content in any way for any public or commercial purpose, including but not restricted to the adaptation of the HTML code that NCEES creates to generate its pages. You shall not display, disparage, dilute, or taint our trademarks or use any confusingly similar marks or names, or use our marks in such a way that would misrepresent who the proper owner of such mark is.
Disclaimer regarding content
NCEES is not responsible for any information, content, actions or omissions of any third parties, including without limitation member boards, states, or others who may communicate with you or use or process in any manner information that you voluntarily provide to this site or to them. Changes are periodically made to the site by NCEES.
No Illegal Use of the Site. Neither users of nor visitors to the site may use the site to transmit, distribute, store, or destroy content (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive, or hateful.
No Interference with Security. Visitors are prohibited from violating or attempting to violate the security of the site, including, without limitation, (a) accessing data not intended for such visitor or logging into a server or account that the visitor is not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any visitor, host or network, including, without limitation, via means of submitting a virus to the site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing,” (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email. Violations of system or network security may result in civil or criminal liability. Any occurrences that may involve such violations are subject to investigation by NCEES and law enforcement authorities in prosecuting visitors who are involved in such violations.
Specific Prohibited Uses. NCEES specifically prohibits any use of the site for, and you agree not to use the site for, any of the following:
- To delete or revise any content posted by any other person or entity without permission.
- To take any action that imposes an unreasonable or disproportionately large load on this site’s infrastructure.
- Notwithstanding anything to the contrary contained herein, to use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search this site other than the search engine and search agents available from NCEES on this site and other than generally available third-party web browsers.
- To attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the site.
- To frame or link to the site or any of the content or information available from this site without prior express written permission from NCEES.
- To introduce viruses or any other computer code, files, or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- To damage, disable, overburden, impair, or gain unauthorized access to the site or our servers, computer network, or user accounts.
- To collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications, or for any other purpose not explicitly authorized by us.
- To falsify, conceal, or modify information identifying yourself or another user, including Internet Protocol header information.
You will create a password during the registration process for each account. You are responsible for maintaining the confidentiality of the password, and you are fully responsible for all activities that occur under the auspices of your registered account(s). You promise to (a) immediately notify us of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
Limitation of liability and warranty
You agree that use of this site is entirely at your own risk. This site and the services provided therein are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, uninterrupted or error-free access, or products provided through or in connection with the service (unless such warranties are legally incapable of exclusion).
Specifically, we disclaim any and all warranties, including without limitation: 1) any warranties concerning the availability, accuracy or content of information, products, or services; and 2) any warranties of title or warranties of merchantability or fitness for a particular purpose. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay, inoperability, 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. You specifically acknowledge that we are not liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
Neither we nor any of our agents, affiliates, other affiliated persons or entities, co-branders, partners or content providers shall be liable for any direct (IN EXCESS OF THE LIMITATION OF LIABILITY HEREINAFTER PROVIDED), indirect or incidental damages, lost profits or data, or special or consequential damages arising out of use of the site or inability to gain access to or use the site, whether based on breach of warranty, contract, tort, strict liability, or any other legal theory, and whether or not NCEES is advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential or certain other damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of NCEES to you for all damages, losses, or causes of action exceed the amount, if any, that you paid to NCEES over the 12 months preceding the claim of liability, or 50 dollars, whichever is greater.
You hereby also acknowledge that the provisions of this section shall apply to all content and services on the site.
Links to other websites
The site provides, or may from time to time provide, links to third-party websites. Because we have no control over such third-party websites, you acknowledge and agree NCEES is not responsible for the availability, content, acts, or omissions of such external sites or resources or their owners, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that NCEES is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such website.
You agree, to the fullest extent permitted by applicable law, to forever hold harmless, defend, and indemnify us and our member boards, board members, affiliates, other affiliated persons or entities, employees, contractors, officers, directors, co-branders, partners and other content providers (“indemnified parties”) from and against any and all loss, cost, claims, liabilities, damages, disputes, and expenses, including reasonable attorney’s fees and court costs, related to (i) your violation of any of the terms of this agreement or any information, software, files, messages or other content placed on this site by you, (ii) your use of and access to the site, (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right, or (iv) any claim that your content, communications, or submissions caused damage to or infringes the intellectual property or privacy or other rights of a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide defense to us in that matter, but shall remain responsible to reimburse NCEES and each indemnified party for its defense expenses. This section shall survive the termination or cancellation of this agreement or any termination or suspension of your use of or access to all or any aspect of the site.
Your obligation not to transfer in violation of any law/transfer to the United States
If you are located outside the United States, you are notified and aware that the personal data you provide to us is anticipated to be transferred to the United States. Whenever you submit any personal data to us, you consent to this transfer and all related transfers (e.g. to state registration boards, etc. as envisaged in this agreement and the site), and you promise and agree not to make any transfer (including without limitation, transfers to us) except as permitted by applicable law. We make no representation that the site, content, or services provided on the site are appropriate or available for use in locations outside the United States. Access to this site from jurisdictions where the site, content, services, or envisioned communications or content of the communications, are, or may be illegal, is prohibited. If you are an international visitor (a) you are responsible for compliance with all local laws, (b) you represent and warrant that you are authorized to release to us the information contemplated in this agreement, and (c) you forever release NCEES (and the indemnified parties) from claims, demands, and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any violation of such local laws, and whether or not you may have made us aware of any such matters.
You agree to the fullest extent permitted by applicable law that any dispute between you and us will be governed by the laws of the United States of America and the state of South Carolina, without regard to conflict of laws principles, and that any legal action brought by one party against the other will be brought exclusively in the appropriate court within the State of South Carolina.
If you are located outside the United States of America, you agree that to the extent permitted by the applicable governing law, by entering into this agreement, you voluntarily subject yourself to the jurisdiction of the state or federal courts of Greenville County, South Carolina, and you agree that you may be sued in those courts and subject to the judgments and orders of those courts.
Even if we act in a way that you believe to be inconsistent with this agreement, those actions will not be deemed a waiver or constructive amendment of this agreement. Similarly, our failure to object to your breach of your obligations under this agreement does not constitute a waiver of any of our rights.
If any provision of this agreement is ruled unlawful, void, or unenforceable, that provision will be severed from this agreement, and the other provisions will remain effective and enforceable. In addition, the severed provision will, to the extent permitted by applicable law, be deemed replaced with a comparable provision that most closely reflects the original intent of the parties.
We reserve the right to terminate the site and this agreement or your access or use of the site at any time without notice for any reason, including, in the case of this agreement, for your violation of any of its provisions. The provisions of this agreement, which by their nature extend beyond the termination of the agreement, will survive termination of the agreement or termination of your use or access to all or any portion of the site.