By using the Social Pinpoint Mapping Tool you are taken to have accepted these Terms and Conditions set out below.
This Site (defined below) is offered by Kimley-Horn for use by individuals who are invited by Kimley-Horn to use the Site. Social Pinpoint (“SPP,” or “we”), operates and hosts the Site for the benefit of Kimley-Horn.
Kimley-Horn and SPP welcome you to Kimley-Horn’s community engagement portal at http://engagekh.com (the “Site”). While all of the questions, surveys, forums, discussions, and other Content (defined below) on the Site is provided and controlled by the Kimley-Horn or other individuals invited by Kimley-Horn to use the Site, SPP owns and operates the technology and intellectual property rights that power the Site. On the Site, you will be able to engage and communicate with Kimley-Horn and other interested parties.
You understand and agree that:
you shall not:
Both SPP and Kimley-Horn reserve the right at any time and from time to time to modify or discontinue access to the Site (or any part), with or without notice, temporarily or permanently without liability to you or to any third party.
If you encounter issues with the Site, believe you see Content that violates these TOU, or have questions about the Site, please contact Kimley-Horn at firstname.lastname@example.org(External link).
SPP offers the Site and Content to you on an “as-is” and “as available” basis without warranty of any kind. SPP makes no representation or warranty that the Site will be uninterrupted, timely, secure, or error free. To the fullest extent allowed by applicable law, SPP expressly disclaims all warranties of any kind arising from or related to the site or content, whether express or implied, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and noninfringement.
You shall indemnify and hold SPP, Kimley-Horn, and their subsidiaries, affiliates, officers, agents, and other partners, and employees harmless from, and at SPP’s request, defend any or all of the foregoing against, any claim, cause of action, proceeding or demand and all related costs, expenses, damages, and other liabilities, including reasonable legal fees, related to or arising out of: (a) Your Content; (b) your interactions or relationship with Kimley-Horn; and (c) your violation of any other's rights or applicable law.
SPP hosts this site for and will not use any data you post to the site for anything other than benchmarking, using de-identified data, and reporting to the client unless that data is publicly available. We do not sell lists of user details to third parties. However, we do need the rights to share the data with and occasionally to assist in it’s analysis. needs the rights to use the data as it needs to in order to properly listen to the community and to carry out it’s business. The clause below facilitates this.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS SPP, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS (“RELEASED PARTIES”), EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS. THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.
SPP may change the TOU from time to time without prior notice to you, (though we will alert Kimley-Horn to the change) and we will indicate there is an updated TOU by posting it to the Site. Your sole and exclusive remedy if you do not agreed to the modified TOU will be to cease all access and use of the Site.