The KPF Newforma site (the "Site") is provided by Kohn Pedersen Fox ("KPF") solely as a convenience for members of the project team. Users of the Site (collectively, "Users," or, individually, a "User") agree that KPF will not be held liable for inaccuracies and inconsistencies found in any file that has been uploaded or downloaded from the Site. KPF has no liability due to any downtime or inaccessibility of the Site. KPF has no responsibility to update the information contained on the Site. The User acknowledges and agrees that KPF has no responsibility for any defect or deficiency in or failure of the Site. This Site is used at User’s own sole risk .

Access to the Site is being provided to Users on the condition that all Users agree, to the fullest extent permitted by law, to indemnify and hold harmless KPF and KPF’s officers, directors, shareholders, employees and consultants from any action, claim, damage, demand, liability, loss, recovery, cost or expense, including, without limitation, reasonable attorney’s fees, arising from any use of drawing files, data and other information contained on the Site. Such claims include, without limitation, any claim which may arise due to deletions, omissions or variations of data due to mechanical or technical failure in connection with file transmission. Any User’s use of the Site constitutes such User’s acceptance of all of the terms here specified.

The User further agrees not to use these drawings and data, in whole or in part, for any purpose or project other than the project which is the subject of access to the Site. The User agrees to waive all claims against KPF which may arise in any way from any use, reuse or misuse of the drawings and data on the Site. Under no circumstances will transfer of the drawings and other instruments of service on electronic media for use by the User be deemed a sale by KPF and KPF makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose.

The User acknowledges and agrees that it is not in privity of contract with KPF and as a result of this Hold Harmless and Indemnify KPF with respect to any claims or causes of action related to or arising out the Project. The User acknowledges that KPF retains the copyright and all other reserved rights in the work product reflected on the Site that was prepared by KPF pursuant to contract with the Owner.

Data posted to the Site will be available for up to 14 days after posting, unless specifically requested by the KPF Project team.

Should any information be provided concerning our team members and their credentials for evaluating our capabilities, the following terms shall apply to all information which passes between us whether or not expressly marked as confidential. The User acknowledges that this information is confidential and recognizes that this statement is required to protect the privacy rights of our team members. In consideration of our submission you agree as follows:

1. You will treat the information disclosed to you as confidential, and will not disclose the information to any third party or use it in any way other than for the purpose of evaluating the firm except with our prior written consent. You shall ensure that any of your employees, agents and sub-contractors who have a need to see the information for the purposes of the evaluation obey the terms of this statement. You shall at all times use at least such means to preserve the secrecy and confidentiality of the information as you use in relation your own confidential information.
2. All documents, records and materials etc. delivered to you or your employees, agents or sub-contractors will remain our property and you will, on request, return, destroy or delete them together with any copies.
3. The restrictions in paragraphs 1 and 2 of the above do not extend to any information, which you are required to disclose by law or regulation (save where you have voluntarily accepted such obligation to disclose).
4. The obligations of confidentiality contained in this statement shall, subject to the other terms mentioned above, remain in force indefinitely.
5. This letter and all matters arising out of it are governed by and shall be construed in accordance with either the laws of the State of New York (for Kohn Pedersen Fox Associates PC) or of England (for Kohn Pedersen Fox Associates International PA). Non-contractual obligations (if any) arising out of or in connection with this statement (including its formation) shall also be governed by either the laws of the State of New York (for Kohn Pedersen Fox Associates PC) or of England (for Kohn Pedersen Fox Associates International PA).
6. The Parties submit to the non-exclusive jurisdiction of the courts of either the State of New York (for Kohn Pedersen Fox Associates PC) or England (for Kohn Pedersen Fox Associates International PA).