O'HearnEngineering

O'Hearn Engineering

Terms of Use & EULA

Effective: June 2026

1. Introduction and Acceptance

These End User License Agreement and Terms of Use (the "Terms") are a binding agreement between O'Hearn Engineering, LLC, a Colorado limited liability company ("OHE," "we," "us," or "our"), and the contractor business and authorized individual user ("Client," "you," or "your") that accesses or uses the OHE Client Portal (the "Portal"), available at portal.ohearnengineering.com.

The Portal is a business-to-business web application provided only to OHE's contractor clients — such as deck, patio cover, and pergola builders — to manage their structural engineering projects with OHE. The Portal is not intended for, and is not directed to, homeowners or other individual consumers.

By creating an account, logging in, or otherwise using the Portal, you agree to these Terms. If you are accepting these Terms on behalf of a company, you represent that you have authority to bind that company, and "you" refers to both you and that company. If you do not agree, do not access or use the Portal.

2. Description of the Portal

The Portal is a software tool that lets you, among other things:

  • Check the status of your OHE engineering projects;
  • Download stamped engineering deliverables that OHE has released to you;
  • Request revisions or add-ons to existing projects;
  • Submit new quote requests, including project details and supporting files;
  • View billing and invoice information; and
  • Review and electronically sign agreements presented to you in the Portal.

The Portal is a convenience and communication tool. It does not itself perform engineering analysis, and access to the Portal does not by itself create or modify any engineering engagement between you and OHE.

3. Accounts, Eligibility, and Security

To use the Portal you must be an authorized representative of an active OHE contractor client and at least 18 years old. The Portal is not directed to children, and we do not knowingly collect information from children.

Accounts are secured with a password (which we store only in hashed form) and authenticated session cookies. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. You agree to notify OHE promptly at kyle@ohearnengineering.com if you suspect any unauthorized access or use of your account.

When you electronically sign a document in the Portal, you consent to do so by electronic means. We record your typed name, your IP address, a timestamp, and an audit hash of the signed document to evidence the signature. You agree that an electronic signature made through the Portal has the same legal effect as a handwritten signature.

4. Relationship to OHE's Engineering Services Agreement

These Terms govern only your use of the Portal software. They do not govern the engineering services themselves.

The scope, performance, adequacy, professional standard of care, fees, payment terms, and delivery of any actual engineering work — including any stamped deliverable — are governed exclusively by the separate engineering services agreement, master services agreement, proposal, or project services agreement between you and OHE (collectively, the "Engineering Agreement"). To the extent these Terms and the Engineering Agreement conflict on any matter relating to engineering work, deliverables, professional duties, or fees, the Engineering Agreement controls.

Status indicators, timelines, billing summaries, and other information shown in the Portal are provided for convenience and may not be the official or final record. The official record of your engineering engagement and your account is as established under the Engineering Agreement and OHE's books and records.

5. License Grant

Subject to your compliance with these Terms, OHE grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Portal solely for the purpose of managing your own OHE engineering projects during the period you are an active OHE client.

This is a license to use the Portal as a hosted service. No ownership of the Portal or any software is transferred to you. OHE reserves all rights not expressly granted in these Terms.

6. Acceptable Use Restrictions

You agree that you will not, and will not permit anyone else to:

  • Scrape, crawl, harvest, or use automated means to extract data from the Portal, or access the Portal other than through the interface OHE provides;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or underlying ideas of the Portal, except to the limited extent applicable law prohibits this restriction;
  • Copy, modify, distribute, sell, rent, lease, sublicense, or create derivative works of the Portal or any part of it;
  • Share, sell, or transfer your login credentials, or allow any unauthorized person to access the Portal through your account;
  • Upload, transmit, or introduce any virus, malware, or other harmful code, or otherwise interfere with, disrupt, overload, or attempt to gain unauthorized access to the Portal, its servers, or any related systems or networks;
  • Upload or submit any content that is unlawful, infringing, defamatory, or that you do not have the right to provide, or that violates the rights of any third party;
  • Use the Portal to transmit unsolicited communications, or for any unlawful, fraudulent, or deceptive purpose; or
  • Circumvent or attempt to circumvent any access controls, usage limits, or security measures of the Portal, including any controls that scope your access to your own projects.

File uploads to the quote form are limited to specific file types and sizes (currently PDF, PNG, JPG, JPEG, HEIC, and WEBP files up to 25 MB each), and OHE may refuse, remove, or quarantine any file that does not meet these requirements or that OHE reasonably believes violates these Terms.

7. Intellectual Property and Content

OHE's Property

The Portal, including all software, code, design, interfaces, text, graphics, and other materials OHE provides (excluding your own uploaded content), is owned by OHE or its licensors and is protected by intellectual property and other laws. OHE's stamped engineering deliverables, drawings, calculations, and other work product also remain the property of OHE, subject to any license or ownership terms set out in the Engineering Agreement. Nothing in these Terms transfers ownership of the Portal or of OHE's deliverables to you.

Your Content

You retain ownership of the content you upload to the Portal — for example, project details, site addresses, structure dimensions, preferences, site photos, and architectural drawings ("Your Content"). You grant OHE a non-exclusive, worldwide, royalty-free license to host, store, copy, process, and use Your Content as reasonably necessary to operate the Portal, perform the engineering services you have requested, and meet OHE's professional and legal recordkeeping obligations.

You represent and warrant that you have the rights necessary to upload Your Content and to grant the license above, and that Your Content does not infringe or violate the rights of any third party.

8. Disclaimer of Warranties

THE PORTAL IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, OHE DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OHE does not warrant that the Portal will be uninterrupted, timely, secure, or error-free, that any defects will be corrected, or that the information displayed in the Portal is always complete, current, or accurate. This Section 8 applies only to the Portal software. It does not disclaim, limit, or modify OHE's professional obligations or the warranties, if any, made in the Engineering Agreement, which govern the engineering services.

9. Limitation of Liability and Indemnification

TO THE FULLEST EXTENT PERMITTED BY LAW, OHE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE PORTAL, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF OHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OHE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND YOUR USE OF THE PORTAL WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES TO THE PORTAL SOFTWARE ONLY AND DOES NOT LIMIT, AND HAS NO EFFECT ON, ANY LIABILITY OF OHE ARISING UNDER THE ENGINEERING AGREEMENT OR UNDER APPLICABLE PROFESSIONAL ENGINEERING LAW, WHICH ARE GOVERNED SEPARATELY.

You agree to indemnify and hold harmless OHE and its members, officers, and personnel from any claims, damages, and reasonable expenses arising out of your misuse of the Portal, your violation of these Terms, or content you upload in violation of these Terms or the rights of a third party.

10. Suspension and Termination

OHE may suspend or terminate your access to the Portal, in whole or in part, at any time, with or without notice, including if you violate these Terms, if your business relationship with OHE ends, or if OHE reasonably believes suspension is necessary to protect the Portal, OHE, or others.

You may stop using the Portal at any time. On termination, your license to use the Portal ends, but OHE will continue to retain records of your engineering projects and account as required for professional and legal recordkeeping. We encourage you to download any stamped deliverables you need before your access ends; you may also request copies of your records by contacting OHE. Sections of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will survive.

11. Changes to These Terms and to the Portal

OHE may update these Terms from time to time. When we make material changes, we will update the effective date above and, where appropriate, notify you through the Portal or by email. Your continued use of the Portal after the updated Terms take effect constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Portal.

OHE may also modify, add, or discontinue features of the Portal at any time. The Portal is offered as a convenience, and OHE is not obligated to maintain any particular feature.

12. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or relating to these Terms or the Portal will be brought exclusively in the state or federal courts located in Colorado, and you consent to the personal jurisdiction and venue of those courts.

13. General

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. OHE's failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without OHE's prior written consent; OHE may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with the Engineering Agreement and the Portal's privacy notice, are the entire agreement between you and OHE regarding the Portal.

14. Contact

If you have questions about these Terms or the Portal, contact:

  • O'Hearn Engineering, LLC
  • Attn: Kyle O'Hearn, PE
  • Email: kyle@ohearnengineering.com