Terms of Use

Last modified: October 30, 2024

Cushing Terrell (“CUSHING TERRELL”) provides services and products in field of architecture and construction. Although the primary purpose of website is to provide information about the services we offer, any visitor to our website can browse our offerings, request information and interact with CUSHING TERRELL. Please read these Website Terms of Use carefully. These terms apply to all visitors to our website (https://www.cushingterrell.com/), any linked websites or pages operated by an affiliate of CUSHING TERRELL, and any pages maintained by CUSHING TERRELL or one of our affiliates on a social media site (collectively, the “Site”). Please note that customers are expected to comply with these general Terms of Use.

By accessing and using the Site, you agree to these Terms of Use and to our Data Privacy Policy, available here: https://www.cushingterrell.com/privacy-policy. If you do not agree with these Terms of Use and our Data Privacy Policy, that you are expressly prohibited from using the Site and must discontinue that use immediately.

We reserve the right to modify these Terms of Use at any time without giving you prior notice. You should review these Terms of Use regularly to stay informed of changes that may affect you, as your continued use of the Site signifies your continuing consent to be bound by these Terms. The version of these Terms of Use that is posted on our website on the date of your visit shall be the Terms of Use applicable to your access and use of the Site on that date.

Your Representations and Warranties

By using the Site, you represent and warrant that: (i) you have carefully reviewed and agree to these Terms of Use; (ii) you intend such agreement to be legally binding and enforceable; (iii) any information you submit to CUSHING TERRELL through the Site will be true, accurate, current, and complete; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not acquire any ownership interest in any of the Site, or any component thereof, by accessing or using them; and (vi) you will not use the Site for any illegal or unauthorized purpose. Should you elect to post any materials on the Site, including any forum or group that may now or in the future be accessible through a CUSHING TERRELL portal, you represent and warrant that you have all right, title, and interest to those materials, including but not limited to any consent, authorization, release, clearance, or license from any third party with a proprietary or privacy right therein. You further represent that the posting of such material does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognize in any appliable jurisdiction, or otherwise constitute the breach of any agreement with any other person or entity. By posting materials to the Site, you grant us all rights, licenses, and permissions necessary to display, reproduce, and disseminate those materials for any purpose.

No Unlawful or Prohibited Use

By accessing the Site, you agree that you will not:

Use the Site in violation of these Terms of Use;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others through the Site or in connection with their use of the Site;
Upload or transmit any message, information, data, text, software, images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
Circumvent, disable, or otherwise interfere with security-related features of the Site;
Use or launch any automated system, including without limitation, any robots, spiders, or offline readers, that accesses the Site in a manner that sends more request messages to the servers hosting the Site in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
Upload or transmit any software, application, program, or file that modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Site;
Decipher, decompile, disassemble, or reverse engineer any of part of the Site, or any tool or feature available through the Site;
Upload or transmit any unsolicited advertising, promotional materials, junk mail, spam, or any other form of solicitation, commercial or otherwise;
Violate any applicable local, state, national, or international law;
Delete or revise any material posted by any other person or entity;
Use the Site in any manner that damages, disables, overburdens, or impairs any part of the Site or interferes with any other party’s use and enjoyment of the Site;
Harvest or otherwise collect information about others, including e-mail or IP addresses;
Use any robot, scraper, or other automated means to access the Site or copy any materials on the Site;
Make improper use of our customer support services or submit false reports of abuse or misconduct; or
Harass, intimidate, or threaten any of our employees or representatives through or in connection with your use of the Site.

We reserve the right, but not the obligation, to: (i) monitor the Site for violations of these Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict, limit the availability of, or disable (to the extent technologically feasible) your access to the Site or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (v) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the security, integrity, and availability of the Site.

Permitted Uses

CUSHING TERRELL grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use its Site conditioned on your continued acceptance and compliance with these Terms of Use. You may download material from the Site only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit, or transfer any material from the Site without our express written permission. We reserve all rights not expressly granted to you in and to the Site and all CUSHING TERRELL Content (as that term is defined below) posted on or available through the Site, including but not limited to, the right to bar, restrict or suspend any user’s access to our Site and/or terminate this license at any time.

Proprietary Content

CUSHING TERRELL has expended substantial time, effort, and resources to create the Site and provide the information, features, materials, products, artwork, images, text, audio and video material, tools, and services that are or may become available on or through the Site, as well as the design, structure, functionality, arrangement, look and feel of any materials contained in or available through the Site (collectively, the “CUSHING TERRELL Content”). All CUSHING TERRELL Content posted on or available through the Site, as well as the trademarks, service marks, and logos contained therein (the “Marks”), is owned or licensed by us, and is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Our posting of CUSHING TERRELL Content to the Site does not constitute a waiver of any proprietary or intellectual property right in the CUSHING TERRELL Content or the Site and does not transfer any right to a user of the Site or any third Party, except as expressly provided for herein.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information submitted to or through the Site (“Submissions”) provided by you are non-confidential and shall become our sole property. We shall own exclusive rights, including intellectual property rights, in all Submissions, and shall be entitled to the unrestricted use and dissemination of such Submissions for any lawful purpose, commercial or otherwise, without notice, acknowledgment, or compensation to you. You hereby waive all moral rights in any Submission you may make, and you hereby represent and warrant that any such Submission(s) are original with you or that you have the right to make such Submission(s). You agree to indemnify, defend, and hold CUSHING TERRELL and its associates, employees, agents, and representatives harmless for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Third-Party Websites and Content

The Site may contain (or you may be sent via a Site or in response to an inquiry submitted through a Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or material belonging to or originating from third parties (“Third Party Content”). Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by CUSHING TERRELL, and we are not responsible for any Third-Party Website accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site. Links to Third-Party Websites are provided solely for your convenience and if you use those links, you leave the Site and be subject to the terms and privacy policies of those third parties.

CUSHING TERRELL makes no representation or warranty concerning the performance, suitability, or reliability of any product or service offered by a third-party provider. If you decide to leave the Site by clicking on a third-party logo, you do so at your own risk. You should review the applicable terms and conditions of use, including any privacy policy or notice, of any website to which you navigate from the Site. These Terms of Use and the CUSHING TERRELL Data Privacy Policy do not apply to Third Party Websites.

WE DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY LINK TO OR THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES.

Downloading Files

CUSHING TERRELL cannot and does not guarantee or warrant that files which may now or in the future may be available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files, or programs.

Changes to CUSHING TERRELL Content and Member Benefits

We reserve the right to modify or discontinue all or part of the Site and any CUSHING TERRELL Content available on or through the Site. We will not be liable to you or any third-party for any modification, suspension, or discontinuance of the Site or the CUSHING TERRELL Content. Nothing in these Terms of Use will be constructed so as to (i) obligate us to maintain and support the Site or any component, feature, or functionality thereof; (ii) maintain, update, or provide any or all CUSHING TERRELL Content available on or through the Site; or (iii) modify, waive, or amend the terms herein.

Correction of Errors and Inaccuracies

The Site and any CUSHING TERRELL Content available on or through the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update the Site and any CUSHING TERRELL Content at any time without prior notice. We do not, however, represent or warrant that any errors, inaccuracies, or omissions will be corrected, nor do we undertake any obligation to do so.

Disclaimer

CUSHING TERRELL DOES NOT REPRESENT, WARRANT, OR COVENANT THAT THE SITE OR ANY MATERIALS, CONTENT, PRODUCTS, OR SERVICES AVAILABLE ON OR THROUGH THE SITE ARE OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND THE CUSHING TERRELL CONTENT AVAILABLE ON OR THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOUR USE OF THE SITE AND ANY CUSHING TERRELL CONTENT AVAILABLE ON OR THROUGH THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CUSHING TERRELL IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THESE TERMS OF USE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CUSHING TERRELL, ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, WHETHER FORESEEABLE OR UNFORSEEABLE, ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OR INABILITY TO USE THE SITE, YOUR COMMUNICATION OF INFORMATION THROUGH THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY WHERE AND ONLY TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY.

WITHOUT LIMITING ANY OF THE FOREGOING, IF CUSHING TERRELL, ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE PRIVACY POLICY, THE SITE, THE CUSHING TERRELL CONTENT, OR YOUR USE OF THE SITE OR THE CUSHING TERRELL CONTENT, OUR CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL BE LIMITED TO ONE HUNDRED DOLLARS (USD $100.00).

THE LAW OF YOUR JURISDICTION MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH A LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

ANY LEGAL ACTION BROUGHT BY YOU THAT ARISES OUT OF OR RELATES TO THESE TERMS OF USE OR YOUR ACCESS TO AND USE OF THE SITE OR ANY CUSHING TERRELL CONTENT AVAILABLE ON OR THROUGH THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES.

Indemnification

You agree to defend, indemnify, and hold CUSHING TERRELL harmless, including our subsidiaries, affiliates, licensors, suppliers, and all of our respective officers, agents, partner, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party related to or arising out of: (i) your use of the Site; (ii) your breach of these Terms of Use; (iii) any third party use of the Site or breach of these Terms of Use, to the extent such third party was encouraged, facilitated, or aided by you in any way (including through the use of your device, whether authorized or not); (iv) any breach of your representations and warranties set forth in these Terms of Use; (v) your violation of the rights of any third party, including but not limited to, any intellectual property or privacy rights; and (vi) any harm to another user of the Site caused or facilitated by you or a device associated with you, whether intentional or not. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.

Governing Law

You hereby consent and irrevocably submit to the exclusive jurisdiction of the state and federal courts sitting in Gallatin County, Montana for resolution of any matters related to the interpretation, construction, or enforcement of these Terms of Use, the Data Privacy Policy referenced herein, or otherwise related to or arising out of your access to and use of the Site and any CUSHING TERRELL Content available on or through the Site. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Copyright Infringement

If you believe that your work has been improperly copied or used on a Site, such that it constitutes infringement, please provide us with the following information: (i) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on her/her behalf; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where on the Site the content that you claim is infringing is located; (iv) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (v) a statement by you, made under penalty of perjury (in accordance with applicable law), that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please include “Copyright Infringement” in the subject or title of any correspondence you send to us. Send copyright infringement complaints to:

Email: info@cushingterrell.com

CUSHING TERRELL
Attn: Communications Manager
800 West Main Street, Suite 800
Boise, Idaho 83702

General Provisions

These Terms of Use, the CUSHING TERRELL Data Privacy Policy, and any policies or operating rules posted by us concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use shall be binding and enforceable to the full extent of the law. If any term or provision of these Terms of Use, or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of these Terms of Use, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each provision or term hereof shall be valid and shall be enforceable to the maximum extent permitted by law. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of Terms of Use or your use of the Site. We may assign any or all of our rights and obligations to others at any time.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signature by all parties hereto.

How You Can Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at: