Terms of Service

These Terms of Service comprise a legal agreement between You and Nash Estimating LLC and governs Your use of www.NashEstimating.com. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND THESE TERMS OF SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

www.NashEstimating.com is made up of Web site and Web pages operated by Nash Estimating LLC and its affiliates and of various products and services which are provided by Nash Estimating LLC, its affiliates or third party service providers. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "Nash Estimating" or "www.NashEstimating.com". "You" means You, Your company, Your employees, and anyone who has access to use Your www.NashEstimating.com account. You must be at least eighteen (18) years of age to use any www.NashEstimating.com service or product.

The general provisions these Terms of Service apply to www.NashEstimating.com and to all of the products and services provided through www.NashEstimating.com. Any additional provisions that apply to the particular www.NashEstimating.com product(s) or service(s) described may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.

www.NashEstimating.com is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout www.NashEstimating.com and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Nash Estimating reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use www.NashEstimating.com after any such changes, Your continued use will constitute Your consent to such changes. Nash Estimating LLC does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.

Any rights not expressly granted herein are reserved by Nash Estimating LLC. In addition Your registration information and other information about You is subject to our Privacy Statement located at www.www.NashEstimating.com/privacy.html

If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please contact us from our website requesting a hard copy. You may also click on the link to "Terms of Service" at www.www.NashEstimating.com/terms_of_service.html for a copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.

YOUR WARRANTIES

By using any service offered on www.NashEstimating.com, You make the following representations and warranties. Nash Estimating LLC shall have the right to terminate your www.NashEstimating.com account, without notice at any time, if any representation warranty made by You proves to be untrue in any respect.

You represent and warrant that:

You and all users of www.NashEstimating.com approved by you are at least eighteen (18) years of age;

You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the www.NashEstimating.com service, and (d) if you are acting in a corporate capacity, to bind Your company;

You will not use www.NashEstimating.com for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process;

By using www.NashEstimating.com, You agree that You will defend and indemnify Nash Estimating LLC and its suppliers from any third party claim related to a breach of any of the foregoing warranties.

LIMITATIONS ON YOUR USE OF www.NashEstimating.com

www.NashEstimating.com is provided to assist You with the operation of Your business. Your right to use www.NashEstimating.com is limited to You, and Your company and its employees.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from www.NashEstimating.com, except as expressly provided herein.

The information provided by Nash Estimating LLC to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Nash Estimating LLC with any third party.

LIMITATIONS OF LIABILITY AND DISCLAIMERS

The information, software, products, services and other material included in or available through www.NashEstimating.com may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via www.NashEstimating.com should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that You should consult an appropriate professional for specific advice tailored to Your situation.

Your access to and use of www.NashEstimating.com, and products and services of www.NashEstimating.com, is at Your own risk. Nash Estimating LLC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of www.NashEstimating.com, or such products or services. Without limiting the foregoing, NEITHER Nash Estimating LLC NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN www.NashEstimating.com FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Nash Estimating LLC AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL Nash Estimating LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:

DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF www.NashEstimating.com OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE www.NashEstimating.com OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH www.NashEstimating.com; OR OTHERWISE ARISING OUT OF THE USE OF www.NashEstimating.com, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Nash Estimating LLC 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 WITH ANY PORTION OF www.NashEstimating.com, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING www.NashEstimating.com AND ITS RELATED SERVICES AND PRODUCTS.

Nash Estimating LLC is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your www.NashEstimating.com information, through the use of www.NashEstimating.com.

INDEMNITY

You agree to defend, indemnify and hold Nash Estimating LLC and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of Your relationship with Nash Estimating LLC or Your use of www.NashEstimating.com.

ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS

Nash Estimating LLC reserves the right to deny in its sole discretion any user access to www.NashEstimating.com or any portion thereof without notice.

YOUR CUSTOMER DATA

www.NashEstimating.com will only use your customer data in accordance with the privacy policy.

GENERAL

You agree that no joint venture, partnership, employment, or agency relationship exists between You and Nash Estimating LLC as a result of these Terms or Service or use of www.NashEstimating.com.

If any part of these Terms of Service or the Additional Terms 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 these Terms of Service and the Additional Terms shall continue in effect.

Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Nash Estimating LLC with respect to www.NashEstimating.com and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nash Estimating LLC with respect to www.NashEstimating.com.

A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved by Nash Estimating LLC, including all legal and equitable remedies available to Nash Estimating LLC or violation of any of these Terms of Service.

COPYRIGHT AND TRADEMARK NOTICES

All contents of www.NashEstimating.com are: Copyright (c) Nash Estimating LLC and/or its suppliers. All rights reserved.

TRADEMARKS

www.NashEstimating.com is either a trademark or registered trademark of Nash Estimating LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by Nash Estimating LLC.

GOVERNING LAW

The User Agreement shall be governed and construed in accordance with the laws of Florida. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Nash Estimating LLC Services or www.NashEstimating.com.

Last Updated: May 5, 2022