Terms & Conditions
Last updated: July 08, 2019
The website located at www.edmistenconstruction.com (“Website” or “Site”) is owned and operated by Edmisten Construction Company (hereinafter “the Company,” “We,” “Us” or “Our”), in accordance with the laws of the State of California. These Terms and Conditions and our Privacy Policy govern your use of this Website. By continuing to use the Website, you agree to abide by these Terms and Conditions.
PLEASE CAREFULLY READ THE TERMS BEFORE PROCEEDING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE REFRAIN FROM ACCESSING THIS WEBSITE
Electronic Communications
The Website enables Users to communicate with us electronically by sending us messages through the contact forms on our website as well as emails. By initiating electronic communication with us, you give us your express consent to receive electronic communication from us in return. You understand and accept that we may send you an email, messages, notify you by posting notices on our website or use any third-party support/chat system to respond to your requests. You agree that all such modes of communications and any agreements or notices sent electronically through these modes of communication will satisfy all legal requirements of such agreements/notices to be in writing.
License
Unless expressly stated otherwise, the Company and its licensors own all intellectual property rights in the Website and material displayed on the Website (“Company Content”). The Company only grants you a limited license to access and use the Company Content for your personal and non-commercial use only. You may view, download (for caching purposes only) and print pages from the Website for your personal and non-commercial use. You may not remove or modify any copyright notices, trademarks, or other similar intellectual property notices from any Company Content. You are strictly prohibited from reproducing, duplicating, copying, selling, reselling or otherwise using any Company Content, for any commercial purposes. Any unauthorized use of the Company Content will result in automatic termination of the license granted to you by the Company.
Hyperlinks and Referencing Prohibition
Unless expressly authorized by the Company, you are strictly prohibited from hyperlinking this Website or any portion thereof. You may not reference the website URL in any commercial or non-commercial media without the express written authorization of the Company. In the event of any such unauthorized hyperlinks and references being made, the User agrees to immediately remove such links and references and compensate the Company for unauthorized use.
Trademarks
“Edmisten Construction” and other trademarks, website graphics, signs and logos on the Website are registered, and unregistered trademarks and trade dress of the Company and we retain full ownership, rights and title in our trademarks and trade dress. Our trademarks may not be used for any products or services that are not owned or operated by us. Any other trademarks that appear on our website which are not owned by the Company are the property of such trademark owners who may or may not be affiliated with the Company.
Copyright
All text, images, audio, video, logos, trademarks, code, software, interactive features, and the like (“Company Content”) available on the Website is owned by the Company or its licensors and is protected by the US and international copyright laws.
If you believe that your copyrighted content is posted, uploaded or made accessible through the Website without your authorization, please inform us at Gars@EdminstenConstruction.com and provide us with the following information:
- Identification of the content that is claimed to be infringing your copyrighted works;
- Your contact information including your name, phone number, and email address;
- A written and signed statement by you setting out that you are either the owner of the copyrighted work or have been authorized by the owner to communicate with us regarding the copyright infringement;
- A statement by you confirming all the information provided by you is bona fide true.
We will respond to copyright disputes within twenty business days. We are unable to offer you any assurances of the time it would take for a full investigation, but we will make our best effort to avoid any undue delays.
Use of Information
ALL INFORMATION ON THE WEBSITE IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES ONLY, AND IT SHOULD NOT BE RELIED UPON TO MAKE ANY DECISIONS WITHOUT PRIOR CONSULTATION WITH THE COMPANY. ALTHOUGH THE COMPANY MAKES ITS BEST EFFORT TO ENSURE THAT THE INFORMATION ON THE WEBSITE IS CORRECT AND CURRENT, YOU ACKNOWLEDGE THAT THERE MAY BE ERRORS, OMISSIONS AS WELL AS HISTORIC INFORMATION ON THE WEBSITE WHICH IS NOT INTENDED TO GUIDE YOUR DECISIONS.
THE COMPANY RESERVES THE RIGHT TO MODIFY ANY INFORMATION ON THE WEBSITE, AT ANY TIME, WITHOUT PRIOR NOTICE TO USERS; HOWEVER, THE COMPANY IS NOT UNDER ANY LEGAL OBLIGATION TO DO SO. THE COMPANY WILL NOT BE HELD LIABLE FOR ANY ERROR, OMISSION, OUTDATED OR INACCURATE INFORMATION ON THE WEBSITE. IF YOU IDENTIFY ANY ERRORS, OMISSIONS OR INACCURACIES IN ANY INFORMATION ON THE WEBSITE, PLEASE NOTIFY US THROUGH THE CONTACT FORM ON OUR WEBSITE AND PROVIDE US THE LINK TO THE PAGE WHERE YOU FOUND THE ERROR, INACCURACY OR OMISSION.
ALL INFORMATION IS PROVIDED TO YOU ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY NATURE, EITHER EXPRESS OR IMPLIED, INCLUDING STATUTORY WARRANTIES. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
User Comments and Communication
When you send any communication to the Company or post any comments or other content on the Website (‘User Content’), you grant the Company a non-exclusive, irrevocable, perpetual, royalty-free worldwide license to use, copy, distribute, transmit, display, reproduce, prepare derivative works of your User Content in any media and without any compensation to you.
You understand and accept that when you send us your feedback, ideas and suggestions, you grant us, our successors and assigns, full and exclusive rights to use, disclose and otherwise exploit your ideas and suggestions, either by inclusion in our products/service or by creation of a new product/service, in whole or in part, without any restriction or compensation to you now or ever in future.
You also represent and warrant to the Company that you have the intellectual property right and authority to post/upload your User Content on the Website and that your User Content will not contravene any intellectual property, privacy or other applicable laws. You further grant the Company and its authorized personnel the right to identify you as the owner of your Content by your name, or email address where appropriate, or required by law.
Maintenance
From time to time, we may be required to carry out scheduled or unscheduled Website maintenance, including but not limited to testing, repairs, upgrades, and other similar tasks. Under such circumstances, we may have to deactivate or suspend Users access to the Website temporarily. The Company shall not be liable to indemnify any User for any loss, damage, costs or an expense that the User may suffer or incur, as a result of such deactivation or/and suspension.
Changes
The Company reserves the right to add new Website features and functionality, modify any existing features as well as amend any provision of this Agreement. Any changes in features and functionality will become effective from the date of implementation on the Website. If we make any amendments to any provision of this Agreement, we will notify you by updating the last modified date on the top of the web page where these Terms appear. It is solely your responsibility to review these Terms periodically. The Company will not assume any liability arising from your failure to review the Terms.
Acceptable Use Policy
By accessing the Website, you expressly agree that:
- You will not use the Website for conducting any unlawful, illegal or prohibited activity;
- You will only use the Website in compliance with all applicable laws and regulations;
- You will not modify, adapt, translate, or reverse engineer any portion of the Website;
- You will not use any robot, spider, site scraping/retrieval application or any other automated routines in order to scrape any data/information from any part of the Website;
- You will not reformat or frame any portion of the Website without the express written consent of the Company, which may be declined in our sole discretion;
- You will not attempt to gain access to any unauthorized areas of the Website through any illegal means including hacking or other similar means;
- You will not post or submit any content or material on any Website, that falsely expresses or implies that such content or material is sponsored or endorsed by the Company;
- You will not upload, distribute or publish any User Content on the website that is confidential, fraudulent, libelous, defamatory, obscene, violates anyone’s privacy, publicity or intellectual property rights;You will not impersonate another person when using the Website or contacting the Company;
- You will not take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- You will not use any software, device or routine that interferes or attempt to interfere with the proper working of our Website or any other users’ use of our Website;
- You will not probe, scan or test the vulnerability of the Website or any other security measures implemented by the Company;
If we discover that you have violated any of the aforementioned terms, we reserve the right to take appropriate legal action to ensure the safety of our Website and Users.
Disclaimer of Warranties; Limitation of Liability
THE WEBSITE IS PROVIDED BY THE COMPANY TO YOU ON AN “AS IS” AND “AS AVAILABLE BASIS” WITHOUT ANY REPRESENTATION OF WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AVAILABLE ON THE WEBSITE DOES NOT CONSTITUTE ADVICE AND SHALL NOT CREATE ANY WARRANTY OF ANY KIND WHATSOEVER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES THAT ARE NOT EXPRESSLY REFERENCED HEREIN, INCLUDING BUT NOT LIMITED TO: WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, AND COMPLETELY SECURE; ANY SPECIFIC RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INFORMATION AVAILABLE ON THE WEBSITE; OR ANY INFORMATION/USER CONTENT ON THE WEBSITE IS ACCURATE, ADEQUATE, CORRECT, CURRENT, COMPLETE, USEFUL, RELIABLE OR ERROR-FREE.
NOTHING IN THIS AGREEMENT SHALL ACT TO EXCLUDE OR LIMIT THE LIABILITY OF THE COMPANY FOR FRAUD BY THE COMPANY, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, AND YOU ACKNOWLEDGE THE WEBSITE IS MADE AVAILABLE TO YOU FOR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY, ITS SHAREHOLDERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LIABILITIES ARISING FROM OR RELATED TO YOUR USE OF THE WEBSITE EVEN IF THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE LIMITATION OF LIABILITY APPLIES TO DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ANY OTHER DISPUTE ARISING FROM OR ASSOCIATED WITH ANY ASPECT OF THE WEBSITE OR INFORMATION PROVIDED BY THE COMPANY THROUGH THE WEBSITE.
IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES AND SERVICE PROVIDERS UNDER ANY CIRCUMSTANCES EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE LAST SIX MONTHS PRECEDING THE MONTH WHEN THE CLAIM FIRST AROSE. YOU ACCEPT THAT YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
ANY CLAIM AGAINST THE COMPANY, FROM THIS AGREEMENT OR FROM THE USE OF THE WEBSITE MUST BE BROUGHT BY THE USER WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST AROSE. ANY FAILURE ON THE PART OF THE USER TO BRING THE CLAIM WITHIN ONE YEAR WILL RESULT IN WAIVER OF USER’S RIGHT TO BRING SUCH ACTION AT A LATER STAGE.
Indemnification
You agree to release, defend, indemnify, and hold harmless the Company and its directors, affiliates, employees, service providers and agents from and against any claims, liabilities, damages, losses, costs, and expenses, including, without limitation, reasonable legal fees, arising as a result of:
(i) Your use of the website and/or any breach of these Terms by you;
(ii) the violation of any applicable laws by you, or
(iii) the infringement by you of any intellectual property or other rights of any person or entity.
Governing Law and Jurisdiction
This Agreement and any dispute arising out of or in connection with this Agreement or its subject matter shall be governed and construed by the laws of the State of California, without giving effect to its principles of conflict of laws. Both parties hereby submit to the exclusive jurisdiction of the courts located in the State of California to settle any claims and actions arising out of or related to this Agreement.
Contact Us
If you have any questions or comments regarding these Terms, or if you wish to contact us with any other requests, you can easily do so through the contact form on our Website.
Force Majeure
Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.