Terms and Conditions
Agreement between User and https://www.thevitruviusproject.com
website (the "Site") is comprised of various web pages operated by The Vitruvius Project, Inc.
("Vitruvius"). https://www.thevitruviusproject.com is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained herein (the
"Terms"). Your use of https://www.thevitruviusproject.com constitutes your agreement to all such
Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.thevitruviusproject.com is an E-Commerce Site.
StruCalc by Vitruvius and Base by Vitruvius are structural engineering software products for the
Residential and Light Commercial building industry.
Visiting https://www.thevitruviusproject.com or sending emails to Vitruvius constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Vitruvius is not responsible for
third party access to your account that results from theft or misappropriation of your account.
Vitruvius and its associates reserve the right to refuse or cancel service, terminate accounts, or
remove or edit content in our sole discretion.
Children Under Thirteen
Vitruvius does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use https://www.thevitruviusproject.com
only with permission of a parent or guardian.
Vitruvius has a full refund 30-day refund policy. Pre-orders will not be eligible for refund during the
stated Beta period of November 7th, 2018 thru the live launch date of December 19th, 2018.
Pre-orders and orders after the platform is live are eligible for a full refund within 30 days of the
live launch or 30 days after the purchase date if an order is placed after the live launch.
Links to Third Party Sites/Third Party Services
https://www.thevitruviusproject.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of Vitruvius and Vitruvius is not responsible for the contents
of any Linked Site, including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. Vitruvius is providing these links to you only as a convenience, and
the inclusion of any link does not imply endorsement by Vitruvius of the site or any association with
Certain services made available via https://www.thevitruviusproject.com are delivered by third
party sites and organizations. By using any product, service or functionality originating from the
https://www.thevitruviusproject.com domain, you hereby acknowledge and consent that Vitruvius
may share such information and data with any third party with whom Vitruvius has a contractual
relationship to provide the requested product, service or functionality on behalf of
https://www.thevitruviusproject.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
of your use of the Site, you warrant to Vitruvius that you will not use the Site for any purpose that
is unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Vitruvius or its suppliers
and protected by copyright and other laws that protect intellectual property and proprietary rights.
You agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Vitruvius content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Vitruvius and the copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any licenses, express or implied, to the
intellectual property of Vitruvius or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Vitruvius from our offices within the USA.
If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Vitruvius Content accessed through
https://www.thevitruviusproject.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Vitruvius, its officers, directors, employees,
agents and third parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this Agreement or your violation of any
rights of a third party, or your violation of any applicable laws, rules or regulations. Vitruvius
reserves the right, at its own cost, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will fully cooperate with Vitruvius
in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Vitruvius agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. THE VITRUVIUS PROJECT, INC. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE VITRUVIUS PROJECT, INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. THE VITRUVIUS PROJECT, INC. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL THE VITRUVIUS PROJECT, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF THE VITRUVIUS PROJECT, INC. OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Vitruvius reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby
consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Vitruvius as a result of this agreement or use of the Site. Vitruvius's performance of this
agreement is subject to existing laws and legal process, and nothing contained in this agreement is
in derogation of Vitruvius's right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Site or information provided to or gathered by Vitruvius
with respect to such use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Vitruvius with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and Vitruvius
with respect to the Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express wish to the parties
that this agreement and all related documents be written in English.
Changes to Terms
Vitruvius reserves the right, in its sole discretion, to change the Terms under which
https://www.thevitruviusproject.com is offered. The most current version of the Terms will
supersede all previous versions. Vitruvius encourages you to periodically review the Terms to stay
informed of our updates.
Vitruvius welcomes your questions or comments regarding the Terms:
The Vitruvius Project, Inc.
376 SW Bluff Drive Suite #5
Bend, Oregon 97702
Effective as of June 01, 2018