• D & H Surveys Terms and Conditions
  • D & H Surveys Terms and Conditions
  • D & H Surveys Terms and Conditions

Our terms and conditions of trade

All rights reserved.

Copyright & Trademarks Terms of Use last updated 18 September 2007.

No portion of this Web page or services may be reproduced in any form or by any means except as authorised below with written permission from D & H Surveys Land Surveys.

Acceptance of Terms Through Use.

WELCOME TO THE D & H SURVEYS WEB SITE. BY ACCESSING THIS WEB SITE ("SITE"), YOU ARE AGREEING TO BE BOUND BY ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THE CURRENTLY POSTED "TERMS OF USE." THE TERMS OF USE ARE A LEGAL AGREEMENT BETWEEN YOU AND D & H SURVEYS ("DHS"), AND ARE INTENDED TO HAVE THE SAME FORCE AND EFFECT AS IF THEY HAD BEEN SIGNED BY THE PARTIES. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

Please note that DHS reserves the right to update and change these Terms of Use from time to time at its sole discretion. Please check the Terms of Use periodically for changes. Your continued use of this Site following the posting of any changes to the Terms of Use will confirm your acceptance of those changes. In the case of any violation of these Terms of Use, DHS reserves the right to seek all remedies available in law and equity for such violations.

Title and Ownership

All right, title and interest in and to the Site and to the content and other information and materials available on this Site or directly from DHS (collectively the "Materials") are proprietary to DHS and its suppliers and are protected by worldwide copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. All rights not expressly granted under these Terms of Use are retained by DHS and its suppliers.

Authorised License to Use Survey Data

The survey data is copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. You may print out and download one copy of the data issued by D & H Surveys for the paying client’s use only, unless specifically licensed to do otherwise by DHS in writing or as allowed by any license terms which accompany or are provided with individual Materials. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Materials or use them for any performance, sale, rental, or for any commercial purpose except as otherwise authorized above; (b) remove any copyright or other proprietary notices from the Materials; (d) transfer the Materials to another person. You agree to prevent any unauthorized copying of the Materials.

Termination of this License

If you violate these Terms of Use, your authorization to use this Site automatically terminates and you must immediately discontinue use of and destroy any downloaded or printed Materials obtained from the Site and directly from DHS.

Products and Services

DHS's obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from DHS through this Site or other channel that is provided without an agreement, that product or service is provided "AS-IS" with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

Such services may be provided subject to the terms and conditions of a separate use or license agreement applicable to the specific service, and posted at such.

General Disclaimer and Limitation of Liability

Although DHS has attempted to provide accurate information on this Site, DHS assumes no responsibility for the accuracy of the information or Materials; nor does DHS warrant that the information or Materials are up to date; that this Site will be available at any particular time or location; that any defects or errors will be corrected; or that the Materials are free of viruses or other harmful components. Your use of this Site is at your sole risk. DHS may change the Materials or products mentioned at any time without notice. Mention of non-DHS products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION AND MATERIALS PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL DHS OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY DHS PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF DHS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

User Communications

DHS does not wish to receive confidential or proprietary information from you through our Site, except as may be necessary to enable us to provide products or services requested by you. Please note that other than personal identifying information required for such purposes, any information or communication you transmit or post to this Site, and any data, images, sounds, text, and other material embodied therein ("User Communication(s)") will be considered non-confidential and non-proprietary. By submitting User Communications to this Site you: (i) agree that DHS and its designees may disclose, reproduce, display, perform, adapt, modify, distribute, have distributed, and otherwise use such User Communications in any form, anywhere and for any purpose, unless DHS has by another writing agreed to limit its use thereof; (ii) agree that DHS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose; and (iii) warrant and represent that the public posting and use of your User Communications by DHS will not infringe or violate the rights of any third party. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or any other material that could give rise to any civil or criminal liability under the law.

Removal of Materials and Discontinuation of Service; Termination of Authorization to Use Site

DHS reserves the right to remove Materials or discontinue services available on this Site with or without notice. DHS further reserves the right to terminate your authorization to use any services at this Site; to terminate your password, if any; and to delete any one or more of your related accounts; for any reason or for no reason, immediately and at any time.

Links to Third Party Sites

This Web Site may contain links to third party sites. Access to any other Internet site linked to this Web Site is at the user's own risk. DHS does not control, and is not responsible for the accuracy or reliability of any information, materials, data, opinions, advice or statements made on those sites, or about any products found at those sites, or about any search results that may be obtained from using them. DHS provides these links merely as a convenience and the inclusion of such links does not imply an endorsement.

Linking to the DHS Web Site

Generally, DHS does not require third parties to request permission to place a link on their Web site to a DHS Web page. DHS does not ordinarily object to such links if you refer to our company name or product names in a plain text font and format, follow our general trademark guidelines, and use appropriate wording such as "This way to D & H Surveys Land Surveyors" or "Click here for more information on DHS products." By placing a link on your web site to a DHS web page, however, you agree to promptly remove such link at DHS's request. The link may only connect web pages, and shall not connect to individual text files (e.g., PDF, DOC) or graphics. Framing is not permitted. You may not use the DHS corporate logo or any other DHS logo, graphic or trademark to link to DHS, except as part of a DHS authorized linking and logo use program, or as otherwise agreed to in writing by DHS. For information on DHS authorized linking and logo use programs, you may contact admin@dhsurveys.co.uk.

Indemnification

Upon a request by DHS, you agree to defend, indemnify, and hold harmless DHS and its subsidiaries, affiliates, agents, co-branders or other business partners, and its and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this Site. DHS reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with DHS in asserting any available defences.

International

This Site is administered by DHS from its offices at Manor Stables, West Street, Great Somerford, England. DHS makes no representation that Materials on this site are appropriate or available for use in locations outside the UK, and accessing them from territories where the Materials are illegal is prohibited. You may not use or export or re-export the Materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, UK export laws and regulations. If you choose to access this site from locations outside the UK, you do so on your own initiative and are responsible for compliance with applicable local laws.

Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the United Kingdom, without reference to "conflicts of laws" provisions or principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall lie exclusively in, or be transferred to the courts of the United Kingdom and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of adjudicating any such claim or action.

General Provisions

Except as otherwise specified herein, these Terms of Use constitute the entire agreement between you and DHS with respect to your use of this Site and supersedes all prior or contemporaneous communication s and proposals (whether oral, written, or electronic) between you and DHS with respect to use of this Site. You also may be subject to additional terms and conditions that may apply when you use content, materials, software, or services provided by third party providers to this Site. Any rights not otherwise expressly granted by this Agreement are reserved by DHS. The failure of DHS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any part of these Terms of Use is held invalid or unenforceable, by a court of competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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