TERMS AND CONDITIONS

Kline Engineering & Consulting terms of use for web-based applications.

Preamble

These terms and conditions outline the rules and regulations for the use of Kline Engineering & Consulting's Post-Tensioning Calculator website. Kline Engineering & Consulting, LLC (hereinafter referred to as “KEC”) is located at 9240-A Mosby Street, Manassas, Virginia 20110-7022, United States of America. By accessing this website, we assume you accept these terms and conditions in full. Do not continue to use Kline Engineering & Consulting's Post-Tensioning Calculator website if you do not accept all of the terms and conditions stated herein.

 I.           General Terms and Conditions

 1.          Terms

The following terminology applies to these Terms and Conditions and Disclaimer Notice and any or all Agreements: “Client”, “You”, “Your”, and “User” refers to you, the person and/or company accessing this website and accepting KEC's terms and conditions. “KEC”, “Ourselves”, “We”, and “Our”, refers to Kline Engineering & Consulting, LLC. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the use of Kline Engineering & Consulting's Post-Tensioning Calculator website for the express purpose of meeting the Client's needs in respect of provision of KEC’s stated services/products, in accordance with and subject to, prevailing law of United States of America. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 2.          Data Protection

No personal data is stored by KEC when KEC web-based applications are used. If you print out the datasheet, KEC will collect contact information. Such information will be kept in accordance with KEC’s privacy policy, and KEC reserves the right to use such information for its own marketing purposes.

3.        License

3.1       Unless otherwise stated, Kline Engineering & Consulting and/or it's licensors own the intellectual property rights for all material on Kline Engineering & Consulting's Post-Tensioning Calculator website. All intellectual property rights are reserved. You may view and/or print pages from http://www.post-tensioningcalculator.com/ for your own personal use subject to restrictions set in these terms and conditions.

3.2       You must not:

-       Republish material from http://www.post-tensioningcalculator.com/

-       Sell, rent or sub-license material from http://www.post-tensioningcalculator.com/

-       Reproduce, duplicate or copy material from http://www.post-tensioningcalculator.com/

-       Redistribute content from Kline Engineering & Consulting or KEC’s Post-Tensioning Calculator website.

 4.          Protective Clause

Insofar as no other contractual agreement is explicitly made, solely these conditions shall apply to the use of all KEC web-based applications. Other regulations, especially the general terms and conditions of the user, shall not become part of the contract, even if KEC does not explicitly contradict the general terms and conditions of the user.

 5.          Liability

5.1       If KEC web-based applications are provided free of charge, liability for legal and material defects of the information, software, calculation results and graphical representations is precluded, especially for their accuracy, freedom from errors, freedom from property rights and copyright of third parties, completeness and/or usability – except in the case of intent or malice.

5.2       Furthermore, any liability on the part of KEC is precluded, unless liability is obligatory in accordance with the American Corporate Law, due to intent, gross negligence, injury to life, body or health, due to a guarantee of quality, fraudulent concealment of a defect or infringement of fundamental contractual obligations. However, compensation due to infringement of fundamental contractual obligation is limited to foreseeable damage which is typical of the contract, insofar as intent or gross negligence does not exist.

5.3       Although KEC always endeavors to keep its web-based applications virus-free, KEC does not guarantee freedom from viruses. Before using the KEC web-based applications, the user shall ensure appropriate security devices and virus scanners are in place and used on the KEC website for its own protection and to prevent viruses.

5.4       A change to the burden of proof to the detriment of the user is not connected to the foregoing regulations in 5.2 and 5.3.

5.5       Insofar as KEC’s liability is precluded or restricted, this also applies to the liability of legal representatives, employees and vicarious agents of KEC.

6.          User Obligations

6.1       When using the KEC web-based applications the user shall not:

-       contravene public morality;

-       infringe commercial property rights and copyrights or other rights of ownership;

-       transmit contents with viruses, so-called Trojan horses or other programs which can damage software.

6.2       The user is obliged to specifically ensure security precautions and anti-virus software on its devices.

6.3       The user of KEC web-based applications is obliged to carefully examine the results of KEC web-based applications for errors. The same applies to graphical representations. Graphical representations displayed by KEC web-based applications must only be regarded as a sample view. Where indications exist that the calculation results or graphical representations of KEC web-based applications could be erroneous, the user is obliged to verify the calculation results and graphical representations before using them.

6.4       When using KEC web-based applications all country-specific laws, standards and other security regulations must be observed.

6.5       Before using the results and graphical representations determined by means of KEC web-based applications, users are advised to familiarize themselves with the current design practices for post-tensioned concrete structures.  The sole assistance of KEC web-based applications is insufficient for the implementation and use of the results and graphical representations of KEC’s web-based applications in the design process.

 7.          Purpose Of The KEC Web-Based Applications

KEC web-based applications are designed to provide the user with computational programs, which allow the user to determine calculation results and graphical representations. The details of such applications are stipulated in the special terms of use of the individual KEC web-based applications under section II.

8.          Right To Use KEC Services And Web-Based Applications

8.1       KEC provides KEC web-based applications on the KEC website.

8.2       KEC grants the user a non-exclusive and non-transferable right to use the KEC web-based applications in the way agreed upon. If no agreement on the way of use has been made, the right to use the KEC web-based applications corresponds to the purpose pursued with provision of the KEC web-based applications by KEC.

8.3       The right to use the individual KEC web-based applications is granted subject to the special terms of use of the individual KEC web-based applications under II.2.

 9.          Prerequisites For The Use Of KEC’s Web-Based Applications

The prerequisites to be fulfilled by the user to use KEC web-based applications are defined in the special terms of use of the individual KEC web-based applications under II.3, III.3, and IV.3.

 10.       Right To Use KEC’s Web-Based Applications

10.1    The use of the information, the software, calculation results and graphical representations determined on the basis of KEC’s web-based applications are subject to these conditions.

10.2    The KEC web-based applications and the results and graphical representations determined by it shall not be sold, leased, licensed or transferred in any other way by the user to third parties. Unless compulsory legal regulations permit otherwise, the user shall not change, reverse engineer or translate either the software or the results and graphical representations determined by the KEC web-based application, nor may the user detach parts from them.

10.3    The information and the software are protected by copyright laws and international copyright agreements and other laws and agreements. The user shall observe these rights, and in particular shall not remove alphanumerical identifications, marks and copyright notes either from the information or the software or copies thereof. These terms are in accordance with and subject to copyright law of the United States of America.

10.4    The use of KEC web-based applications is currently not subject to a time limit.

 11.       Hyperlinking To Our Content

11.1    The following organizations may link to our Web site without prior written approval:

-       Government agencies;

-       Search engines;

-       News organizations;

-       Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

11.2    These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

11.3    We may consider and approve in our sole discretion other link requests from the following types of organizations:

11.3.1   commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

11.3.2   We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

11.3.3   These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

11.3.4   If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to jdubois@klineengineered.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

11.3.5   Approved organizations may hyperlink to our Web site by use of our corporate name in combination with the uniform resource locator (Web address) being linked to.

11.3.6   No use of Kline Engineering & Consulting's logo or other artwork will be allowed for linking absent a trademark license agreement.

 12.       Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

 13.       Reservation Of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

 14.       Hyperlinks

The KEC website may contain hyperlinks to third-party websites. KEC neither accepts liability for the content of third-party websites nor uses these websites and their contents for its own purposes, as KEC does not control the linked information and is not responsible for the contents and information provided there. The use of hyperlinks is at the user’s own risk.

 15.       Removal Of Links From Our Website

If you find any link on our web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavor to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

 16.       Content Liability

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.

 17.       Disclaimer

17.1    To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

-       limit or exclude our or your liability for death or personal injury resulting from negligence;

-       limit or exclude our or your liability for fraud or fraudulent misrepresentation;

-       limit any of our or your liabilities in any way that is not permitted under applicable law; or

-       exclude any of our or your liabilities that may not be excluded under applicable law.

17.2    The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

17.3    To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 18.       Guarantees And Warranties

18.1    KEC grants neither guarantees nor warranties. In particular, KEC does not guarantee the correctness of calculation results and graphical representations which are determined and displayed by KEC web-based applications.

18.2    KEC neither guarantees the constant availability of KEC web-based applications nor their technical correctness.

 19.       Place of jurisdiction and applicable law

19.1    The place of jurisdiction for all disputes arising from the contractual relationship is the office of Kline Engineering & Consulting, LLC, located at 9240-A Mosby Street, Manassas, Virginia 20110-7022, United States of America. KEC reserves the right to institute legal proceedings at the legal place of jurisdiction of the user.

19.2    The law of the United States of America shall apply exclusively, with preclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

 20.       Place of fulfilment

The place of fulfilment is the office of Kline Engineering & Consulting, LLC, located at 9240-A Mosby Street, Manassas, Virginia 20110-7022, United States of America.

 21.       Costs, Further Development, And Termination

21.1    KEC currently provides all KEC web-based applications to users free of charge. KEC reserves the right to start charging for the use of individual KEC web-based applications at any time.

21.2    KEC is not obliged to further develop KEC web-based applications and in particular to extend the range to include products other than the stated products.

21.3    KEC continues to reserve the right to cease the provision of KEC web-based applications at any time and without specifying reasons.

 22.       Amendment Of The Terms Of Use

KEC reserves the right to amend the terms of use at any time. There shall be no explicit indication of the amendment of the terms of use.

 23.       Severability Clause

Should individual clauses of these conditions be or become ineffective or unenforceable, the remaining clauses shall remain unaffected. The parties undertake to establish an effective and enforceable clause in place of the ineffective or unenforceable clause which corresponds to the actual and economic purpose of these conditions as far as possible. The same applies to a loophole in the conditions.

 II.         Special Terms Of Use For The Post-Tensioning Calculator

 1.          General

KEC’s Post-Tensioning Calculator provides the user with an application with which estimated values for slab thickness, reinforcing bars (rebar) quantity, post-tensioning (PT) quantity, beam depth, continuous drop width, continuous drop thickness, column drop width, and column drop thickness can be calculated. The basis for the Post-Tensioning Calculator is found in the Post-Tensioning Institute (PTI) Manual 6th Edition and the American Concrete Institute (ACI) 318-14. The application shall not be used for final design purposes.

 2.          Concession Of The Right To Use The Post-Tensioning Calculator

A right to use KEC’s Post-Tensioning Calculator application is only conceded to those users who are qualified in the sense that they have the general knowledge of post-tensioned concrete structures and/or seek an estimate of concrete sizes and structural reinforcement quantities for a post-tensioned concrete structure.

 3.          Load Assumptions

3.1       The load assumptions are based upon the ASCE 7-10 code.

3.2       Normal weight concrete with a density of 150pcf is used.

3.3       One-Way Parking Garage assumed live load of 40psf, superimposed dead load of 5psf, minimum precompression of 175psi, concrete strength (f'c) of 5000psi, initial concrete strength (f'ci) of 3000psi, and tendon effective force of 27kips.

3.4       Office Flat Slab assumed live load of 50psf, superimposed dead load of 25psf, minimum precompression of 125psi, concrete strength (f'c) of 5000psi, initial concrete strength (f'ci) of 3000psi, and tendon effective force of 27kips.

3.5       Two-Way Parking Garage assumed live load of 40psf, superimposed dead load of 5psf, minimum precompression of 175psi, concrete strength (f'c) of 5000psi, initial concrete strength (f'ci) of 3000psi, and tendon effective force of 27kips.

3.6       Residential Flat Plate assumed live load of 40psf, superimposed dead load of 25psf, minimum precompression of 125psi, concrete strength (f'c) of 5000psi, initial concrete strength (f'ci) of 3000psi, and tendon effective force of 27kips.

3.7       Podium assumed live load of 250psf, superimposed dead load of 145psf, minimum precompression of 125psi, concrete strength (f'c) of 5000psi, initial concrete strength (f'ci) of 3000psi, tendon effective force of 27kips, and a live load reduction of 20%.

3.8       Office Wide Shallow Drop assumed live load of 50psf, superimposed dead load of 25psf, minimum precompression of 125psi, concrete strength (f'c) of 5000psi, initial concrete strength (f'ci) of 3000psi, and tendon effective force of 27kips.

4.          Use Of KEC’s Post-Tensioning Calculator

4.1       The calculation of all design options is not possible with KEC’s Post-Tensioning Calculator.

4.2       All inputs and results from KEC’s Post-Tensioning Calculator must be within the limitations specified within the application.

4.3       KEC’s Post-Tensioning Calculator cannot be used to estimate quantities for other design firms or third-party suppliers. 

4.4       Compliance with the code requirements of PTI Manual 6th Edition and ACI 318-14 is mandatory.

 III.       Contacting KEC

Questions relating to use of the individual KEC web-based applications can be sent by email to jdubois@klineengineered.com, by calling our main office at (703) 331-1284, or by visiting our main website at https://www.klineengineered.com/.