Copyright Notice + Terms & Conditions
Service Statement:
Heartland Drone Company Inc. is not offering professional engineering, professional architectural, and/or professional surveyor services; rather Heartland Drone Company Inc. is simply providing visual and thermal documentation of the conditions interior and exterior to the building facade, roof, parking structure, or ground surfaces. Proper interpretation of interior and exterior visual and thermal documentation needs to be performed by a licensed professional. Data gathered by Heartland Drone Company Inc. is intended for internal and external visual documentation purposes only and to alert Clients to potential problems, at which time they need to hire a licensed engineer, architect, and/or surveyor to address those conditions to verify visual and thermal data captured by Heartland Drone Company Inc.
Acknowledgments:
You acknowledge that the Copyrighted Materials are copyrighted and belong to Heartland Drone Company Inc., and the receipt and sufficiency of good and valuable consideration for being bound by this Copyright Notice and Terms and Conditions.
Limited License:
Heartland Drone Company Inc. hereby grants the Client a non-exclusive, non-transferable license to use the Copyrighted Materials accompanying this Copyright Notice, subject to the following restrictions: Client agrees to use the Copyrighted Materials for internal use only, and not to reproduce or redistribute the Copyrighted Materials outside of your company or project team. Accordingly, you may copy the Copyrighted Materials only as necessary for your internal use, distribution to the project team, and provided that you do not remove any copyright notices that appear and do not modify the Copyrighted Materials in any way. You may not otherwise reproduce, copy, modify, transfer or distribute the Copyrighted Materials in any form, for any purpose outside of use with project team. Heartland Drone Company Inc. grants Client to share the Copyrighted Materials (dataset and all deliverables) with 3rd party entities who are providing services to Client which require the use of the above materials, as long as they are an active member of the Clients project team.
No Warranty:
All inspection documents, findings, and interpretations are based on the subjective opinions of Heartland Drone Company Inc. and is provided for informational purposes only. Heartland Drone Company Inc. makes no guarantee as to the accuracy or completeness of the information contained in all inspection documents. The Copyrighted Materials are provided to you “as is,” and you agree to use it at your own risk. Heartland Drone Company Inc. makes no guarantees, representations or warranties of any kind, express or implied, arising by law or otherwise, including but not limited to, content, quality, accuracy, completeness, effectiveness, reliability, fitness for a particular purpose, usefulness, use or results to be obtained from the Copyrighted Materials. If necessary, Client is encouraged to hire a licensed engineer or architect to conduct a preliminary site survey to verify Heartland Drone Company Inc. data products ordered. Heartland Drone Company Inc. makes no warranty against potential future structural deterioration, failure or collapse at the property of focus. Heartland Drone Company Inc. reserves the right to revise or append the information in this report and/or our professional recommendations should new or previously unknown conditions come to our knowledge. In the event of an error in a Report, your sole remedy will be requesting a refund of the fees paid by you to obtain the inspection Report(s).
Disclaimer of Liability:
Heartland Drone Company Inc. (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) shall not be liable to you in respect to any claim, demand or action, irrespective of the nature of the cause of the claim, demand or action, alleging any loss, injury or damages, direct or indirect, which may result from the use or possession of the Copyrighted Materials, or for any loss of profit, revenue, contracts or savings, or any other direct, indirect, incidental, special or consequential damages arising out of your use or inability to use the Copyrighted Materials, any defect or error in the Copyrighted Materials, or any breach of the Copyright Notice or Terms and Conditions, whether in an action in contract or tort or based on a warranty. In the event of an error in a Report, your sole remedy will be requesting a refund of the fees paid by you to obtain the inspection Report(s).
Roof Markings:
In the event the Client requests that Heartland Drone Company Inc. mark-up areas of a rooftop then Heartland Drone Company Inc. cannot be held liable for the accuracy of the marking locations or surface staining as a result of spray paint or chalk. Heartland Drone Company Inc. is not liable for any subsequent destructive discovery or repair/replacement procedures that result from the mark-up areas. By agreeing to this, Client confirms they have received permission from their customer for Heartland Drone Company Inc. to mark-up the rooftop.
Indemnity:
You agree to indemnify, defend and hold Heartland Drone Company Inc. (including its licensees, assignees, subsidiaries, affiliated companies, and the respective officers, directors, employees, shareholders, agents and representatives) free and harmless from and against any liability, loss, injury, demand, action, cost, expense, or claim of any kind or character, arising out of or in connection with any use or possession by you of the Copyrighted Materials.
Entire Agreement:
The Copyright Notice and Terms and Conditions constitute the entire agreement between Heartland Drone Company Inc. and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between us with respect to such subject matter.
Governing Law:
The above Copyright Notice and Terms and Conditions shall be governed by the laws of the State of Kansas and laws of the United States. You agree to submit to the jurisdiction of the State of Kansas for any and all disputes, claims and actions arising from or in connection with the Copyrighted Materials provided to you hereunder, or arising from or in connection with the Copyright Notice and Terms and Conditions.
Termination:
Your limited license to use the Copyrighted Materials will terminate automatically without notice from Heartland Drone Company Inc. if you fail to comply with any provision of this Copyright Notice and Terms and Conditions. Upon termination of the Limited License, you shall destroy all electronic copies and destroy or return any written copies of the Copyrighted Materials, including all copies and modified copies made thereof, if any.
Binding Effect:
This Copyright Notice and Terms and Conditions shall be binding on you and your agents, parents, subsidiaries, related companies, affiliates, successors, assigns, and each of their respective officers, directors, employees, shareholders, agents and representatives, and all others acting by, through, or with their direction or in privity with each of them.
Heartland Drone Company Inc. materials:
Reproduction or Redistribution of an inspection Report and of any Heartland Drone Company Inc. reports and Materials (hereinafter “Copyrighted Materials”) beyond what is expressly granted in these Terms and Conditions is strictly prohibited. Ownership of these documents and data remains with Heartland Drone Company Inc. and a license to use these documents and data is provided to the Requestor subject to the following Terms and Conditions. By placing an order for a Report and receiving the Report, you agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not make use of the Report and must delete all files that contain the Report and destroy all paper copies.