Terms and Conditions

Last updated January 5, 2020

ABOUT US

ENGTANK LTD. CO. (“we,” “us,” or “our”) is registered under the laws of the State of Texas, United States of America, and our mailing address is 20011 STONELODGE DR STE H, KATY, TEXAS 77450.

We are dedicated to assisting engineers develop their skillset and sell their specialized services, including, but not limited to, helping companies develop drawings, performing calculations, and providing other deliverables related to the engineering industry.  Our services are specifically tailored to those in the engineering industry and should not be used by non-engineers or unregistered engineering companies.  Engineers and engineering companies may be collectively referred to as “users” throughout these Terms.

We provide services to our users, which include but are not limited to, providing a platform for: (1) developing and sharing advanced tools to assist with engineering design; (2) facilitating a mentoring relationship between experienced and less-experienced engineers; and (3) allowing engineers to list and sell their services through the Site.

AGREEMENT TO TERMS

These Terms and Conditions of Use (the “Terms”) establish a legally binding agreement made between you, whether personally or on behalf of an entity (hereinafter, “you” or “your”) and EngTank (hereinafter, “we,” “us,” or “our”), concerning your access to and use of the EngTank website as well as any other mobile website, mobile application, or media form or channel, linked or otherwise connected thereto (collectively, the “Site”).

You agree that by accessing the Site, you have been made aware of and have read, understood, and agreed to be bound by all these Terms.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or related policies that may be posted on the Site from time to time are hereby expressly incorporated herein by reference.  We reserve the right to make changes or modifications to these Terms at any time and for any reason.  We will alert you about any changes by updating the “Last updated” date of these Term, and you waive any right to receive specific notice of each such update or change.  It is your responsibility to periodically review these Terms to stay informed of updates and changes.  You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted.

THE SITE IS INTENDED FOR USERS WHO ARE ENGINEERS OR CURRENT EMPLOYEES OF A REGISTERED ENGINEERING COMPANY.  PERSONS WHO ARE NOT ENGINEERS OR CURRENT EMPLOYEES OF A REGISTERED ENGINEERING COMPANY ARE NOT PERMITTED TO USE OR REGISTER FOR THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all software, website designs, source code, databases, functionality, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of United States of America, foreign jurisdictions, and international conventions.  The Content and the Marks are provided on the Site “as is” for your information and personal use only.  Except as expressly provided in these Terms, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

We do not assert ownership over third-party trademarks, service marks, or logos.  This includes, but is not limited to, the designs, photographs, graphics, or text displayed on the products posted on the Site (collectively, the “Third-Party Marks”).  The owners of these Third-Party Marks retain full ownership of these marks and any intellectual property rights or other proprietary rights associated with the Third-Party Marks.  We are not liable for any statements or representations in the Third-Party Marks, and you agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding the Third-Party Marks.  If you are an owner of any Third-Party Marks displayed on the Site, and you believe this material infringes your rights under intellectual property laws, you may contact us in writing at the address and email listed at the end of these Terms.  We will make our best efforts to investigate and, if required, remove your Third-Party Marks from the Site.

USER REGISTRATION AND ACCESS

You may be required to register with the Site to post content and/or use the Site’s functionality.  You agree to keep your password confidential and you will be responsible for all use of your account and password.  We reserve the right to remove or change a username you select if we determine that such username is inappropriate, obscene, or otherwise objectionable.

PAYMENT POLICY

The engineering services we facilitate through the Site are designed for both “Buyers” and “Sellers.”

Our “Buyers” are users looking to procure engineering services from engineers, and our “Sellers” are users desiring to provide those engineering services to our Buyers.

Payment schedules vary by the service selected.  Certain purchases made through the Site are due in full upon selection of the service(s).  Other services are rendered on an hourly basis and are subject to hourly rates set by the Seller.

Sellers may be subject to an administrative fee of up to $2 on purchases of $20 or less, or 10% on purchase above $20.

Should you choose to purchase services through the Site, you will be required to establish an account with us and provide us with valid and updated credit card information.  Upon submitting your credit card information to us, you authorize us to charge such credit card for the balance owed for the service(s) listed in your order, and to charge such credit card for all services and fees for the selected in your order, if applicable.

You acknowledge and agree that any credit card or related billing information that you provide to us may be shared by us with companies that work on our behalf, such as credit agencies and/or payment processors, solely for the purposes of carrying out payment to us or servicing your account.

Sellers will be required to create an account with us before becoming eligible to provide engineering and related services to Buyers.  All services must be approved by us before publication on the Site.

Sellers are subject to a commissions fee to us, which is equal to 10% of the net revenue of the purchase amount.  Payments to Sellers are available for withdrawal fourteen (14) days from the date of project completion.

Sellers acknowledge and agree that they are solely responsible for any direct or indirect taxes owed on revenue earned through the Site.  Such taxes include GST, VAT, or any other applicable taxes depending on the Seller’s state and/or country of residency.

We reserve the right to change or modify our pricing schedule at any time and for any reason with thirty (30) days’ notice to you.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, Product information, or other material (collectively, the “Contributions”).  Contributions may be viewable by other users of the Site and through third-party websites.  As such, any Contributions you transmit may be treated as non-confidential or non-proprietary.  When you create or make available any Contributions, you thereby represent and warrant that:

  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do no violate the privacy or publicity rights of any third party.
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.
  • You are the creator and owner of and have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined by us.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  • Your Contributions do not contain any material that solicits personal information from anyone under the age of eighteen (18) or exploits people under the age of eighteen (18) in a sexual or violent manner.
  • Your Contributions do not violate any laws concerning child pornography, or otherwise intended to protect the health or wellbeing of minors.
  • Your Contributions do not include any offensive comments, including without limitation, those that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you expressly grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate in to other works, such Contributions, and grant and authorize sub-licenses of the foregoing.  The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.  You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions.  You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.  We are not liable for any statements or representations in your Contributions provided by you in an area on the Site.  You are solely responsible for you Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice.  We have no obligation to monitor your Contributions.

MOBILE APPLICATION LICENSE

If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms.  You shall not:  (1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application; (5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the application for creating a product, service, of software that is, directly or indirectly, competitive with or in any way a substitute for the application; (8) use the application to send automated queries to any website or to send any unsolicited commercial email; or (9) use an proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain, or you may be sent via the Site, links to other websites (the “Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (the “Third-Party Content”).  Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.  Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.  If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-party Content, you do so at your own risk, and you should be aware these Terms no longer govern.  You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.  Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any Third-Party Content or any contact with Third-Party Websites.

ADDITIONAL TERMS FOR ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements.  If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements.  Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including but not limited to, intellectual property rights, publicity rights, and contractual rights.  As an advertiser, you agree that such advertisements are subject to copyright laws, and you understand and agree there will be no refund or other compensation for take-down related issues.  Further, as an advertiser, you acknowledge and agree that you may be required to pay a fee to advertise on the Site.

PRIVACY POLICY

By using the Site, you agree to be bound by our Privacy Policy, which is incorporated in to these Terms.  Please be advised the Site is hosted in the United States of America.  If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States of America, then through your continued use of the Site, you are transferring your data to the United States of America, and you expressly consent to have your data transferred to and processed in the United States of America.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Site.  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN TEHSE TERMS OR ANY APPLICABLE LAW OR REGULATION.  WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELTE YOUR ACCOUNT AND ANY CONTENT OR INFORMAITON THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

MODIFICATIONS, INTERRUPTIONS, AND CORRECTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.  However, we have no obligation to update any information on the Site.  We also reserve the right to modify or discontinue all or part of the Site without notice at any time.  We will not be liable to you or any third party for any modification, change, suspension, or discontinuance of the Site.

We cannot guarantee the site will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.  We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you.  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.  Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information.  We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

GOVERNING LAW

These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of Texas, United States of America, without regard to its conflict of law principles.  Each of the parties to these Terms irrevocably agrees that the courts of the State of Texas shall have exclusive jurisdiction to hear and decide any claim, action, suit, or proceeding, and/or settle any dispute, which may arise out of or in connection with these Terms or its formation or validity.

DISPUTE RESOLUTION

Any dispute arising in connection with these Terms shall be settled in a professional and businesslike manner. In the event a dispute cannot be resolved, the dispute shall be subject to mediation, with the parties equally sharing the costs of mediation and choice of mediator located in Harris County, Texas, United States of America. The prevailing party shall be entitled to reimbursement of legal fees and costs.

To the extent the dispute cannot, in good faith, be resolved through mediation, the parties may agree to resolve their dispute with the American Arbitration Association (the “AAA”), with the parties equally sharing the costs of arbitration and choice of arbitrator located in Harris County, Texas, United States of America.  The prevailing party shall be entitled to reimbursement of legal fees and costs.  Any award issued shall be final.

The filing of an action in court for the purpose of obtaining any of the following shall not be a violation of the obligation to mediate or appear before AAA:  writ of attachment, temporary restraining order, preliminary injunction, or other provisional remedies.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.  YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES 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.  WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM  YOUR ACCESS TO ANY USE OF THE SITE; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER LINKS WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.  WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPER-LINKED 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 BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, directors, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:  (1) your Contributions; (2) your use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site.  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.  We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.  You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications.  You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.  YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site or in respect to 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 shall not operate as a waiver of such right or provision.  These Terms operate the fullest extent permissible by law.  We may assign any or all of our rights and obligations to others at any time.  We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.  If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.  There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Site.  You agree that these Terms will not be construed against us by virtue of having drafted them.  You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

CONTACT US

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

ENGTANK LTD. CO.
20011 STONELODGE DR, STE H
KATY, TX 77494
service@engtank.com