These Terms of Use describe the terms on which you may access InfraLytiks Products ("InfraLytiks Products"), which includes but is not limited to products created and/or owned by InfraLytiks, Inc. such as this Website, a client login portal, phone applications, web applications, or other software. Nothing contained herein shall be deemed to confer any third-party rights or benefits. In the event you don’t agree to be bound by these Terms of Use, please do not access InfraLytiks Products.

We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting amended Terms of Use on this website. Your use of InfraLytiks Products indicates your acceptance of any amended Terms of Use.

Eligibility to use InfraLytiks Products is not automatic, and all decisions regarding your eligibility to utilize InfraLytiks Products are made solely and exclusively in the discretion of InfraLytiks, Inc., its affiliated and subsidiary companies, including subsidiaries of affiliated companies, an Iowa Incorporation, ("InfraLytiks, Inc."). You agree not to contest any eligibility determination made by InfraLytiks.

InfraLytiks Products can be provided as a convenient method for authorized users to access documents related to services provided to you by InfraLytiks. Either you or InfraLytiks may upload documents and materials to a restricted client account through InfraLytiks Products functionality, however, you may only upload documents related to requested services to be provided, or services currently provided, by InfraLytiks. InfraLytiks Products may not be used to back-up ordinary materials or other records maintained by the Client. InfraLytiks Products contain a variety of information and content, including (1) copyrighted material, such as information, text, graphics, images, processed data analysis, software, compilations, designs, and graphical interface; (2) trademarks, logos, service marks, and trade identities, whether registered or unregistered (“Trademarks”); and (3) other forms of information and intellectual property of InfraLytiks (“Content”).

All right, title, and interest in and to the Content, with the exception of data specifically excluded per the terms and conditions of a Client’s specific service agreement, survey agreement, or user agreement, available via InfraLytiks Products is the property of InfraLytiks, and is protected by U.S., and/or international copyright, trademark, patent, or other proprietary rights and laws. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms of Use, or as expressly provided by the licensing rights granted under the Client’s specific service agreement, survey agreement, or user agreement, as applicable.

While we strive to keep the Content of InfraLytiks Products accurate, complete and up-to-date, we cannot and do not guarantee, represent or warrant that any of the Content is accurate, complete or applicable to you. InfraLytiks does not guarantee uninterrupted or error-free operation of InfraLytiks Products or any portion thereof and will use reasonable efforts to maintain its operation and availability.

You agree to use InfraLytiks Products solely for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances, and the like applicable to your use of InfraLytiks Products. We grant you a non-exclusive, non-transferrable, revocable, limited license to view, download, copy, and print Content retrieved from InfraLytiks Products only for your personal use. Any unauthorized use of any Content from InfraLytiks Products may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.

You will access InfraLytiks Products with your User ID, password, and other credentials and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to InfraLytiks Products. You agree to provide true, accurate, current and complete information requested by InfraLytiks.

You agree to accept responsibility for all activities that occur under your User ID and password. You are responsible for maintaining the confidentiality of your password, and for restricting access so that others may not access your InfraLytiks Products under your User ID and password. You agree to immediately notify InfraLytiks of any unauthorized use of your User ID or password or any other breach of security which may affect your InfraLytiks Products. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.

You understand and agree that InfraLytiks Products and all Content on it is provided on as “As Is,” “As Available” basis and without warranties of any kind, either express of implied. InfraLytiks expressly disclaims all warranties, representations, and undertakings of any kind, whether express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement.

You agree that InfraLytiks is not liable to you for any loss or damages of any kind, including, any direct, indirect, special, incidental, exemplary, punitive, consequential or economic damages, whether based in tort, contract, strict liability, or otherwise, including any loss or damages arising out of or in any way connected with or relating to your use of InfraLytiks Products, or with the delay or inability to use InfraLytiks Products, or for any information, content, products, and/or services obtained through InfraLytiks Products.

You understand that use of the InfraLytiks Products may result in charges to you for the services or goods you receive ("Charges"). InfraLytiks, Inc., Inc. will receive and/or enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will be inclusive of applicable taxes where required by law. Charges may include other applicable fees, tolls, and/or surcharges.

Charges paid by you directly or through an escrow account are final and non-refundable, unless otherwise determined by InfraLytiks, Inc., upon request.

As between you and InfraLytiks, Inc., InfraLytiks, Inc. reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of InfraLytiks, Inc. Products at any time in InfraLytiks, Inc.s sole discretion. Further, you acknowledge and agree that Charges may increase substantially during times of high demand. InfraLytiks, Inc. may use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred regardless of your awareness of such Charges or the amounts thereof. InfraLytiks, Inc. may from time to time provide promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the InfraLytiks, Inc. Products, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the InfraLytiks, Inc. Products or the Charges applied to you. InfraLytiks, Inc. may use the proceeds of any Charges for any purpose, subject to any payment obligations it has agreed to with any Third Party Providers or other third parties.

In certain cases, with respect to Third Party Providers, Charges you incur will be owed directly to Third Party Providers with a transaction fee collected by InfraLytiks, Inc., and InfraLytiks, Inc. will collect payment of those charges from you, on the Third Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third Party Provider.

InfraLytiks, Inc. reserves the right, in its sole discretion, to modify or discontinue InfraLytiks, Inc. Products, or any portion of InfraLytiks, Inc. Products, without notice to you or any third party. We also may, in our sole discretion, refuse or restrict anyone from access to InfraLytiks, Inc. Products or any portion of InfraLytiks, Inc. Products.

Any violation of these Terms of Use may result in restriction or termination of your access to all or part of InfraLytiks, Inc. Products and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by an authorized representative of InfraLytiks, Inc..

These Terms of Use shall be governed by the laws of the State of Iowa, without giving effect to conflicts of law analysis, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the American Arbitration Association (AAA), and agree to binding arbitration before the AAA in Des Moines, Iowa, for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.