Vessel Drafter Tool Licence and Terms of Use
Version 1.3
Vessel Drafter Tool Licence and Terms of Use
Version 1.3
THIS VESSEL DRAFTER TOOL LICENCE AND TERMS OF USE (this “Agreement”) governs all access to and use of the Vessel Drafter tool made available by APPALACHIAN INTEGRITY LLC, a Virginia limited liability company (the “Company”), and is entered into between the Company and the person or entity accepting it (the “User”).
READ THIS AGREEMENT IN FULL BEFORE ACCEPTING IT. THE VESSEL DRAFTER PRODUCES DIMENSIONED DRAWINGS, GEOMETRY, AND COMPUTED VALUES FOR PRESSURE-RETAINING EQUIPMENT FROM DICTATED OR TYPED DESCRIPTIONS. IT IS A DRAFTING ASSISTANT. IT IS NOT ENGINEERING, IT IS NOT DESIGN, AND NOTHING IT PRODUCES MAY BE USED FOR DESIGN, FABRICATION, REPAIR, ALTERATION, RERATING, ACCEPTANCE, OR ANY DETERMINATION OF FITNESS FOR SERVICE UNLESS AND UNTIL IT HAS BEEN INDEPENDENTLY VERIFIED AND, WHERE REQUIRED, SEALED BY A LICENSED PROFESSIONAL ENGINEER.
By ticking the boxes presented with this Agreement and clicking “I agree,” or by using the Tool, you represent that you have read and understood this Agreement, agree to be bound by it, are at least eighteen (18) years of age, and, where accepting on behalf of an entity, have authority to bind that entity.
App Store and account purchases
The Apple-distributed app is licensed under the Apple standard End User Licence Agreement. Apple is not the provider of professional engineering services or the seller of a website subscription. Existing website subscriptions, cancellation, credit charges and refund rights are governed by the current Subscriber Agreement accepted for that account. Apple in-app purchases are processed by Apple under the terms displayed at purchase. Monthly Vessel access and non-expiring output credits are separate purchases. Manage Apple subscriptions and request Apple purchase refunds through Apple. Nothing in these tool-use terms removes a nonwaivable consumer right or changes the terms of an already accepted purchase.
Article 1. Definitions
- “Applicable Standards” means all codes, standards, specifications, recommended practices, statutes, regulations, and jurisdictional requirements governing the equipment or work to which the User applies the Tool or any Output, including without limitation the ASME Boiler and Pressure Vessel Code (including Section VIII, Division 1, and the paragraphs of Part UG governing minimum required thickness and maximum allowable working pressure), the ASME B31 series, API 510, API 570, API 653, API 579-1/ASME FFS-1, the National Board Inspection Code (ANSI/NB-23), and applicable state boiler and pressure vessel law.
- “Authority Having Jurisdiction” means any governmental body, regulatory authority, jurisdictional inspector, authorized inspection agency, insurer, or owner-appointed authority having power to approve, accept, reject, or require the equipment, work, records, or determinations to which the Tool is applied.
- “Output” means any drawing, general arrangement sheet, shell roll-out, developed layout, elevation, plan, nozzle schedule, nozzle orientation, dimension, coordinate, angle, elevation datum, design-data block, condition monitoring or thickness monitoring location, grid, calculation, computed value, minimum required thickness, maximum allowable working pressure, corrosion rate, remaining-life figure, data file, DXF, DWG, JSON, PDF, or image generated, displayed, computed, or exported by the Tool.
- “Tool” means the Vessel Drafter application supplied by the Company, in any form in which the Company supplies it, including any speech-recognition, natural-language, artificial-intelligence, or automated-computation feature incorporated in it.
Article 2. Grant of Licence; Restrictions
- Grant. Subject to continuing compliance with this Agreement, the Company grants User a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Tool for User’s own internal business purposes.
- Reservation. The Tool is licensed, not sold. All rights not expressly granted are reserved to the Company.
- Restrictions. User shall not: (a) reverse engineer, decompile, or disassemble the Tool, except to the extent that restriction is prohibited by law; (b) copy, modify, or create derivative works of the Tool; (c) rent, lease, sell, sublicense, distribute, or provide the Tool to any third party; (d) remove or alter any notice or attribution displayed by the Tool or embedded in any Output; (e) circumvent any authentication or security measure; or (f) use the Tool to develop a competing product.
Article 3. Nature and Limits of the Tool
3.1 The Tool Is a Drafting Assistant
The Tool converts a spoken or written description of equipment into a drawing and into associated data files. Its purpose is to save drafting time and to give a qualified person something to check and correct. It performs no engineering analysis, applies no engineering judgment, and makes no determination of adequacy, suitability, integrity, or compliance.
3.2 No Professional Engineering Services Are Provided
USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT:
- The Company is not an engineering firm, is not registered or licensed to offer or practise engineering, and does not offer or render professional engineering services through the Tool or in connection with it.
- No individual who develops, maintains, operates, or supplies the Tool is a licensed Professional Engineer, and no such individual is acting as a Professional Engineer in connection with the Tool. The Company’s principal holds inspection credentials, including API 510, API 570, API 653, API 577, and API 1169 certifications and AWS Certified Welding Inspector certification. Those are inspection credentials and are not a licence to practise engineering under Chapter 4 of Title 54.1 of the Code of Virginia or under the corresponding law of any other jurisdiction.
- No Output is a design document, an engineering document, a construction document, a fabrication drawing, a code calculation, a design calculation, or a fitness-for-service evaluation. No Output is sealed, stamped, signed, certified, or reviewed by a Professional Engineer.
- NO OUTPUT MAY BE ISSUED FOR CONSTRUCTION, ISSUED FOR FABRICATION, ISSUED FOR REPAIR OR ALTERATION, SUBMITTED TO ANY AUTHORITY HAVING JURISDICTION AS AN ENGINEERING DOCUMENT, ATTACHED TO ANY MANUFACTURER’S DATA REPORT, RELIED UPON IN ANY RERATING, OR REPRESENTED AS HAVING BEEN PREPARED BY OR UNDER THE RESPONSIBLE CHARGE OF A PROFESSIONAL ENGINEER.
- Where Applicable Standards, any Authority Having Jurisdiction, or applicable law requires that a drawing, calculation, or determination be prepared, reviewed, sealed, or certified by a licensed Professional Engineer, the Tool does not and cannot satisfy that requirement, and User shall obtain that engineering review independently and at User’s expense.
3.3 Speech Recognition, Natural-Language Interpretation, and Artificial Intelligence
The Tool accepts dictated and written descriptions and interprets them into geometry. USER ACKNOWLEDGES AND AGREES THAT:
- Speech recognition and natural-language interpretation are inherently error-prone. A misheard, mis-transcribed, ambiguous, or incompletely stated word, unit, digit, or direction will produce a drawing that is confidently and cleanly rendered and nevertheless wrong.
- The Tool applies drafting conventions to resolve ambiguity, including conventions as to whether a stated height is overall or tangent-to-tangent, how elevations are referenced to a datum, and the direction in which angular positions are measured from a stated origin. Those conventions may not match the conventions of User, of User’s client, of the equipment’s original manufacturer, or of the Authority Having Jurisdiction. User is responsible for confirming that the convention applied is the correct one for User’s work.
- Where the Tool derives geometry from a photograph, a scanned drawing, a manufacturer’s data report, a previous inspection report, or any other document, the extracted values may be misread, mis-scaled, transposed, or invented. Every extracted value must be checked against the source document by a qualified person.
- Automated and artificial-intelligence features can produce results that are incorrect, incomplete, internally inconsistent, or fabricated, and can present them in a confident and plausible manner. No Output is reviewed by a Professional Engineer, and no Output is verified by the Company for correctness before it is displayed.
- The absence of a warning, flag, or error from the Tool is not, and shall never be relied upon as, an indication that any Output is correct, complete, or code-compliant.
3.4 Calculations and Computed Values
Where the Tool computes or displays any value, including any minimum required thickness, maximum allowable working pressure, corrosion rate, remaining life, area, volume, weight, developed length, or coordinate, that value is a preliminary, unverified, unsealed figure produced for checking purposes only. It is not a code calculation. It may rest upon assumed, defaulted, or incorrectly interpreted inputs, including assumed material properties, allowable stresses, joint efficiencies, corrosion allowances, temperatures, and code editions. USER SHALL RE-PERFORM EVERY SUCH CALCULATION INDEPENDENTLY, FROM THE GOVERNING EDITION OF THE APPLICABLE STANDARD, BEFORE ANY RELIANCE UPON IT.
3.5 User’s Independent Duty to Verify
USER SHALL INDEPENDENTLY VERIFY, BEFORE ANY RELIANCE AND BEFORE ANY TRANSMITTAL TO ANY THIRD PARTY, THE ACCURACY, COMPLETENESS, APPLICABILITY, AND CODE COMPLIANCE OF EVERY OUTPUT OF THE TOOL, INCLUDING WITHOUT LIMITATION EVERY DIMENSION, DIAMETER, LENGTH, HEIGHT, THICKNESS, ELEVATION, DATUM, ANGLE, NOZZLE SIZE, NOZZLE ORIENTATION, NOZZLE PROJECTION, SEAM LOCATION, MONITORING LOCATION, GRID, MATERIAL DESIGNATION, DESIGN-DATA VALUE, CALCULATION, AND COMPUTED VALUE, BY MEASUREMENT, BY COMPARISON AGAINST THE MANUFACTURER’S DATA REPORT AND THE ORIGINAL DRAWINGS, AND BY INDEPENDENT CALCULATION. SUCH VERIFICATION SHALL BE PERFORMED BY A PERSON QUALIFIED AND, WHERE REQUIRED BY APPLICABLE STANDARDS OR LAW, CERTIFIED OR LICENSED TO PERFORM IT. USER SHALL NOT RELY UPON THE TOOL AS THE SOLE OR CONTROLLING BASIS FOR ANY DETERMINATION AFFECTING SAFETY, PRESSURE OR STRUCTURAL INTEGRITY, CONTINUED SERVICE, REPAIR, ALTERATION, RERATING, ACCEPTANCE, REJECTION, OR CODE COMPLIANCE.
3.6 No Reliance
User represents that it is not relying, and shall not rely, upon any representation, warranty, demonstration, or assurance other than those expressly set forth in this Agreement. The professional judgment of User’s qualified personnel governs in all cases. Where the Tool and User’s qualified personnel disagree, the qualified personnel govern.
Article 4. User Responsibilities
User shall, at User’s sole cost and risk:
- Use the Tool only through individuals qualified and, where required, certified or licensed for the work being documented;
- Check every Output against the manufacturer’s data report, original drawings, field measurements, and other independent sources before use;
- Mark every Output that has not been independently verified in a manner that prevents its being mistaken for a checked drawing, and remove no notice, watermark, or attribution placed on Output by the Tool;
- Obtain independent engineering review, and a Professional Engineer’s seal, wherever Applicable Standards, an Authority Having Jurisdiction, or law requires one;
- Determine and satisfy all requirements of Applicable Standards and of every Authority Having Jurisdiction applicable to User’s work, including all requirements as to document content, review, approval, sealing, certification, and retention;
- Maintain User’s own complete and independent records, without reliance upon the Tool as the repository of those records; and
- Ensure that User has all rights, consents, and authority necessary to enter into the Tool any information belonging to, describing, or originating from any third party.
Article 5. Acceptable Use; Prohibited Conduct
User shall not use the Tool:
- To produce any drawing or record that is false, misleading, or that misrepresents the configuration, condition, dimensions, or history of any equipment;
- To represent any Output as an engineering document, a design document, a Professional Engineer’s work product, a code calculation, or a determination of fitness for service;
- To represent to any third party that the Company, or any person associated with the Company, prepared, reviewed, approved, certified, sealed, or is responsible for User’s drawing, calculation, work, or determination;
- In violation of any applicable law or regulation, or of any obligation of confidentiality owed by User to any third party; or
- In any manner exceeding the licence granted in Article 2.
Article 6. Data; Not a System of Record
- As between the Parties, User owns all right, title, and interest in the descriptions, documents, and files User supplies to the Tool and in the Output generated from them, subject to the Company’s rights in the Tool itself.
- Where the Tool operates within User’s own browser or on User’s own device, User’s data is held on that device. The Company holds no copy of it and cannot recover, restore, or produce it.
- THE TOOL IS NOT USER’S SYSTEM OF RECORD. IT SHALL NOT BE RELIED UPON TO SATISFY ANY RECORD-RETENTION OBLIGATION IMPOSED BY ANY APPLICABLE STANDARD, CONTRACT, INSURER, OR LAW. USER SHALL EXPORT AND PRESERVE ITS OWN FILES. THE COMPANY DOES NOT WARRANT AND SHALL NOT BE LIABLE FOR THE PRESERVATION, AVAILABILITY, INTEGRITY, OR RECOVERABILITY OF ANY DATA OR OUTPUT.
- The Company may collect technical, diagnostic, and usage information that does not identify User or the content of User’s data, for the purpose of operating, securing, and improving the Tool.
Article 7. Disclaimer of Warranties
THE TOOL AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY DOES NOT WARRANT THAT: (A) ANY DIMENSION, GEOMETRY, ORIENTATION, OR COMPUTED VALUE IS ACCURATE, COMPLETE, OR CORRECT; (B) ANY OUTPUT CORRECTLY REPRESENTS ANY ACTUAL PIECE OF EQUIPMENT; (C) ANY OUTPUT COMPLIES WITH, OR WILL BE ACCEPTED UNDER, ANY APPLICABLE STANDARD OR BY ANY AUTHORITY HAVING JURISDICTION; (D) ANY DICTATED OR SUPPLIED DESCRIPTION HAS BEEN CORRECTLY HEARD, TRANSCRIBED, OR INTERPRETED; (E) THE TOOL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED; OR (F) ANY DATA OR OUTPUT WILL BE PRESERVED OR RECOVERABLE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH THE TOOL CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS DISCLAIMER IS INTENDED TO BE CONSPICUOUS WITHIN THE MEANING OF SECTION 8.2-316 OF THE CODE OF VIRGINIA AND OF EVERY CORRESPONDING PROVISION OF APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent an exclusion in this Article is not permitted, it applies to the maximum extent permitted by applicable law and the remainder of this Article continues in full force.
Article 8. Assumption of Risk; Limitation of Liability
8.1 Assumption of Risk
USER KNOWINGLY AND VOLUNTARILY ASSUMES THE ENTIRE RISK ARISING FROM ITS USE OF THE TOOL AND FROM ANY RELIANCE UPON ANY OUTPUT. USER ACKNOWLEDGES THAT THE EQUIPMENT TO WHICH THE TOOL IS APPLIED IS PRESSURE-RETAINING AND STRUCTURAL EQUIPMENT WHOSE FAILURE CAN CAUSE DEATH, BODILY INJURY, AND CATASTROPHIC PROPERTY AND ENVIRONMENTAL DAMAGE, AND THAT FOR THAT REASON USER, AND NOT THE COMPANY, BEARS RESPONSIBILITY FOR THE CORRECTNESS OF EVERY DIMENSION, EVERY CALCULATION, AND EVERY DETERMINATION MADE IN THAT WORK.
8.2 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, CONTRACT, OPPORTUNITY, ANTICIPATED SAVINGS, OR DATA, OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TOOL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM ARISING OUT OF OR RELATING TO: (A) ANY ERROR, OMISSION, MIS-TRANSCRIPTION, MISINTERPRETATION, OR INACCURACY IN ANY OUTPUT; (B) ANY ACT OR OMISSION TAKEN OR NOT TAKEN IN RELIANCE UPON ANY OUTPUT; (C) ANY DESIGN, FABRICATION, REPAIR, ALTERATION, RERATING, OR CONTINUED-SERVICE DECISION INFORMED BY ANY OUTPUT; (D) THE FAILURE, RUPTURE, LEAK, COLLAPSE, OR OTHER LOSS OF INTEGRITY OF ANY PRESSURE VESSEL, TANK, PIPING SYSTEM, NOZZLE, WELD, OR STRUCTURE; (E) ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, ENVIRONMENTAL DAMAGE, OR BUSINESS INTERRUPTION; (F) ANY REJECTION, CITATION, PENALTY, FINE, ENFORCEMENT ACTION, DELAY, REWORK, OR LOSS OF CERTIFICATION IMPOSED BY OR RESULTING FROM ANY AUTHORITY HAVING JURISDICTION; OR (G) ANY LOSS, DELETION, OR CORRUPTION OF DATA OR OUTPUT.
8.3 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ALL PERSONS IDENTIFIED IN SECTION 8.2, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TOOL, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES ACTUALLY PAID BY USER TO THE COMPANY FOR THE TOOL DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100.00). WHERE THE TOOL IS SUPPLIED WITHOUT CHARGE, THE CAP IS ONE HUNDRED UNITED STATES DOLLARS (US$100.00).
8.4 Basis of the Bargain; Limits of These Limits
User acknowledges that the Tool is made available in reliance upon the disclaimers and limitations in Articles 7 and 8, that those provisions form an essential basis of the bargain, that the Company would not make the Tool available without them, and that they apply even if any limited remedy is found to have failed of its essential purpose. Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or of liability for personal injury; to the extent a limitation in this Article is not permitted, it applies to the maximum extent permitted by applicable law.
Article 9. Indemnification
USER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE COMPANY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, DAMAGES, LOSSES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPERT FEES) ARISING OUT OF OR RELATING TO: (A) USER’S USE OF THE TOOL; (B) ANY RELIANCE UPON ANY OUTPUT BY USER OR BY ANY THIRD PARTY TO WHOM USER PROVIDED IT; (C) ANY DRAWING, CALCULATION, DETERMINATION, INSPECTION, DESIGN, FABRICATION, REPAIR, OR ALTERATION PREPARED, PERFORMED, OR INFORMED BY USER USING THE TOOL; (D) ANY BREACH BY USER OF THIS AGREEMENT OR OF ANY APPLICABLE STANDARD OR LAW; (E) ANY INFORMATION USER ENTERED INTO THE TOOL, INCLUDING ANY CLAIM THAT USER LACKED THE RIGHT TO DO SO; AND (F) ANY REPRESENTATION MADE BY USER ABOUT THE COMPANY, THE TOOL, OR ANY OUTPUT THAT IS INCONSISTENT WITH THIS AGREEMENT.
The Company shall give User prompt notice of any claim for which it seeks indemnity, shall permit User to control the defence with counsel reasonably acceptable to the Company, and shall provide reasonable cooperation at User’s expense. User shall not settle any claim in a manner imposing any obligation or admission upon the Company without the Company’s prior written consent.
Article 10. Term; Suspension; Termination
- This Agreement takes effect upon acceptance and continues until terminated.
- The Company may suspend or terminate access at any time, with or without notice, including where the Company reasonably believes that User has breached this Agreement or that continued access presents a security, legal, or safety risk. The Company may modify, suspend, or discontinue the Tool or any feature of it at any time.
- User may terminate at any time by ceasing all use of the Tool.
- Upon termination, the licence granted in Article 2 ends immediately and User shall cease all use of the Tool. Output already generated and independently verified by User remains User’s, subject to Articles 3, 5, and 9, which continue to apply to it.
Article 11. Amendment of this Agreement; Continued Use
- The Company may amend this Agreement from time to time. An amended version takes effect only when it has been executed by an authorized signatory of the Company and its stated effective date has arrived.
- When an amended version comes into force, User will be presented with it upon next access to the Tool and must accept it before continuing to use the Tool. A summary of what changed will be presented with it where the change is material.
- ACCESS TO THE TOOL IS CONDITIONED UPON ACCEPTANCE OF THE VERSION THEN IN FORCE. If User does not accept an amended version, User’s sole remedy is to decline and discontinue use.
- Each accepted version governs the period from its acceptance until a later version is accepted. Acceptance is recorded with the accepting person’s typed name, the date and time, the network address from which acceptance was made, and a cryptographic hash of the exact document accepted.
Article 12. Governing Law; Venue; Limitation of Actions
- Governing law. This Agreement, and all claims arising out of or relating to it or to the Tool, shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict-of-laws principles.
- Venue. The Parties irrevocably submit to the exclusive jurisdiction and venue of the state courts sitting in Roanoke County, Virginia, and of the United States District Court for the Western District of Virginia, Roanoke Division, and waive any objection to those forums on grounds of venue or forum non conveniens.
- Limitation period. To the maximum extent permitted by applicable law, any claim arising out of or relating to this Agreement or the Tool must be commenced within one (1) year after the claim first accrues, failing which it is permanently barred.
- Waiver of jury trial. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TOOL.
Article 13. General Provisions
- Entire agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the Parties as to its subject matter and supersedes all prior and contemporaneous understandings.
- Severability. If any provision is held invalid, illegal, or unenforceable, it shall be modified to the minimum extent necessary to make it enforceable or, failing that, severed, and the remaining provisions shall continue in full force.
- Survival. Articles 1, 3, 4, 5, 6, 7, 8, 9, 12, and 13, and any provision that by its nature should survive, shall survive termination.
- No waiver. No failure or delay in exercising any right operates as a waiver of it. A waiver is effective only if in writing and signed by the waiving Party.
- Assignment. User shall not assign this Agreement without the Company’s prior written consent. The Company may assign it to a successor in connection with a merger, reorganization, or sale of all or substantially all of its assets.
- Independent contractors. The Parties are independent contractors. Nothing creates a partnership, joint venture, agency, employment, or fiduciary relationship.
- No third-party beneficiaries. Except for the persons identified in Section 8.2 and Article 9, this Agreement confers no rights upon any third party.
- Force majeure. Neither Party is liable for any failure or delay in performance (other than payment of money) caused by circumstances beyond its reasonable control.
- Notices. Notices to the Company shall be sent to john@appalachianintegrity.com. Notices to User may be given to the email address on file or by conspicuous notice within the Tool.
- Electronic contracting. THIS AGREEMENT, WHEN ACCEPTED ELECTRONICALLY, IS A LEGALLY BINDING WRITING SIGNED BY USER FOR ALL PURPOSES, INCLUDING UNDER THE FEDERAL ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. §§ 7001 et seq., AND THE VIRGINIA UNIFORM ELECTRONIC TRANSACTIONS ACT, VA. CODE §§ 59.1-479 et seq. User waives any defence based upon the absence of a handwritten signature.
- Interpretation. Headings are for convenience only. “Including” means “including without limitation.” No rule of construction against the drafting Party applies.
Article 14. Acknowledgment
BY ACCEPTING THIS AGREEMENT, USER ACKNOWLEDGES THAT USER HAS READ IT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY IT; THAT THE VESSEL DRAFTER IS AN ASSISTANT AND A TOOL AND IS NOT ENGINEERING; THAT NEITHER THE COMPANY NOR ANY AUTOMATED OR ARTIFICIAL-INTELLIGENCE FEATURE OF THE TOOL IS A LICENSED PROFESSIONAL ENGINEER; THAT EVERY DRAWING, DIMENSION, AND CALCULATION IT PRODUCES IS AN UNVERIFIED DRAFT THAT USER SHALL INDEPENDENTLY CHECK BEFORE ANY RELIANCE; AND THAT USER, AND NOT THE COMPANY, IS RESPONSIBLE FOR USER’S DRAWINGS, USER’S CALCULATIONS, AND EVERY DETERMINATION USER MAKES.
Appalachian Integrity LLC
Roanoke County, Virginia
john@appalachianintegrity.com · (540) 524-2290