|
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
BY USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE
TERMS OF USE ("AGREEMENT"), AND THAT YOU ACCEPT AND WILL BE BOUND BY THE
AGREEMENT.
1. COPYRIGHT NOTICE
Copyright 2003 G.D. Keeth Building Contractors, Inc. All Rights Reserved.
2. TRADEMARK NOTICE
"G.D. Keeth Building Contractors", "Welcome Home", and the G.D. Keeth
Building Contractors, Inc. logo are trademarks and/or service marks of
G.D. Keeth Building Contracotrs, Inc. Unless otherwise noted on the G.D.
Keeth Building Contractors Internet site, pages and all sub-pages, Uniform
Resource Locator ("URL"), domain location, and all information and content
thereon (“Site”), all other trademarks, service marks, and logos used
in this Site are used for informational purposes and may be trademarks,
service marks, or logos of their respective owners.
3. LICENSE GRANT & OWNERSHIP BY G.D. KEETH BUILDING CONTRACTORS
a. License. Subject to the terms and conditions of this Agreement, and
until termination of the Agreement, G.D. Keeth Building Contractors grants
you a non-exclusive, non-transferable, limited license to view or print
all information, data, or other material, in any form or media, contained
in, obtained from, or relating to the Site, including all results obtained
from the Site (“Content”) without alterations, for personal, non-commercial
use only. This limited license does not apply to any media or platform
other than that of the current Site.
b. Ownership. All Content on the Site is, and shall continue to be, owned
exclusively by G.D. Keeth Building Contractors or others (“Content Providers”),
and is protected under applicable copyrights, patents, trademarks, trade
dress, and/or other proprietary rights, and the copying, redistribution,
use, or publication by you of any such Content or any part of the Site
is prohibited. Under no circumstances will you acquire any ownership rights
or other interest in any Content by or through your use of or access to
the Site (“Site Use”).
4. RESTRICTIONS ON USE
a. Prohibited Acts. Concerning your Site Use or any Content, you agree
not to knowingly: (i) use any device, software or technique to interfere
with or attempt to interfere with the proper working of the Site; (ii)
post or transmit to the Site any unlawful, fraudulent, harassing, libelous,
or obscene Information of any kind; (iii) post or send to the Site any
Information that contains a virus, bug, or other harmful item; (iv) publish,
perform, distribute, prepare derivative works, copy, reverse engineer,
or use the Content other than as expressly permitted herein; (v) post
or transmit into or on the Site any Information in violation of another
party's copyright or intellectual property rights; (vi) take any action
which imposes an unreasonable or disproportionately large load on Markatalyst's
infrastructure; (vii) redeliver any of the Content using "framing", hyperlinks,
or other technology without Markatalyst's express written permission;
or, (viii) use any device or technology to provide repeated automated
attempts to access password-protected portions of the Site, if any.
b. Right to Regulate. You acknowledge that G.D. Keeth Building Contractors
has the right, but no obligation, to monitor the Site and to disclose
any information necessary to operate the Site, to protect G.D. Keeth Building
Contractors, G.D. Keeth Building Contractors' direct or indirect licensors
(“Others”), and G.D. Keeth Building Contractors' clients, and to comply
with legal obligations or governmental requests. G.D. Keeth Building Contractors
reserves the right to refuse to post or to remove any information on the
Site, in whole or in part, for any reason.
c. Law Compliance. You agree to comply with all governmental laws, statutes,
ordinances, and regulations, including unfair competition, anti-discrimination
or false advertising, regarding your Site Use.
5. YOUR SITE USE ACTIVITIES
Password-Protected Areas. If you are allowed access to password-protected
areas of the Site, if any, you agree to keep your password confidential,
to send notice to G.D. Keeth Building Contractors via certified mail,
return receipt requested, at the address noted in section 10 (“Notice”)
within 24 hours if your password is compromised. You acknowledge that
G.D. Keeth Building Contractors neither endorses nor is affiliated with
any Internet site, including all information, data, and content thereon,
that is linked to the Site, but not owned by G.D. Keeth Building Contractors
(“Linked Site”) and is not responsible for any information that appears
on the Linked Site. You acknowledge that (i) the Internet is a network
of computers worldwide, and that any information submitted by you to G.D.
Keeth Building Contractors necessarily is routed via third party computers
to G.D. Keeth Building Contractors, (ii) G.D. Keeth Building Contractors
is not responsible for lapses in online security and does not assume liability
for improper use of your information by a third party.
6. SUBMISSIONS OF INFORMATION BY YOU
Grant of License to G.D. Keeth Building Contractors. If you submit information
to the Site, you grant G.D. Keeth Building Contractors a non-exclusive,
worldwide, royalty-free license to (in any media now known or not currently
known or invented) link to, utilize, use, copy, exploit, and prepare derivative
works of the submitted information. No information you submit shall be
deemed confidential. However, G.D. Keeth Building Contractors agrees to
use your information in accordance with G.D. Keeth Building Contractors'
Privacy Policy applicable to personally identifiable user data. YOU RETAIN
OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE
TO ANY INFORMATION YOU SUBMIT TO G.D. KEETH BUILDING CONTRACTORS.
7. APPLICABILITY & COOPERATION
G.D. Keeth Building Contractors reserves the right to limit the provision
of any product or service to any person, geographic area, or jurisdiction
as it so desires, or as required by law. G.D. Keeth Building Contractors
in its sole discretion may add, delete or change the Content at any time,
without notice to you.
8. LIMITED WARRANTY AND DISCLAIMER
a. DISCLAIMER OF WARRANTY. G.D. KEETH BUILDING CONTRACTORS AND ALL CONTENT
PROVIDERS MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT
HEREON. THIS SITE, AND ACCESS TO ANY LINKED-SITE, IS PROVIDED TO YOU BY
ALL CONTENT PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. YOU HEREBY DISCLAIM
ALL WARRANTIES BY G.D. KEETH BUILDING CONTRACTORS RELATING TO YOUR SITE
USE. YOU ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE OF
INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, TECHNICAL
INACCURACIES, PROBLEMS OR OTHER LIMITATIONS, AND THAT THE SITE MAY BE
UNAVAILABLE FROM TIME TO TIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK
FOR YOUR SITE USE AND SITE-RELATED SERVICES.
b. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE CONTENT
PROVIDERS BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS,
LITIGATION, OR THE LIKE, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES,
UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE,
YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT
IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under
certain laws, including consumer laws, which do not allow the exclusion
of implied warranties, or the exclusion or limitation of certain damages.
If these laws apply to you, the exclusions or limitations in this Agreement
that directly conflict with such laws may not apply to you.
9. CONTACTING G.D. KEETH BUILDING CONTRACTORS
Should you desire to contact G.D. Keeth Building Contractors, you may
do so at: G.D. Keeth Building Contractors, 745 Distel Drive, #16, Los
Altos, CA 94022. Phone: +1.650.960.0808. Email: Webmaster@GDKeeth.com.
10. FORWARD-LOOKING STATEMENTS
Some of the information on this Site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of G.D. Keeth Building Contractors. We wish to caution you
that these statements are only predictions and that actual events or results
may differ materially.
11. MISCELLANEOUS
a. Location & Interpretation. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against any
party.
b. Equitable Relief. You acknowledge that any breach by you of the provisions
of the Agreement will cause irreparable damage to G.D. Keeth Building
Contractors or Others and that a remedy at law will be inadequate. Therefore,
in addition to any and all other legal or equitable remedies, G.D. Keeth
Building Contractors and Others will be entitled to injunctive relief
for any breach of this Agreement.
c. Severability. In the event that any of the provisions of this Agreement
shall be held by a court or other tribunal of competent jurisdiction to
be unenforceable, such provisions shall be limited or eliminated to the
minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable.
d. Complete Integration. This Agreement constitutes the entire agreement
between you and G.D. Keeth Building Contractors pertaining to the subject
matter hereof. You agree to review this Agreement prior to any Site Use,
and each Site Use by you shall constitute and be deemed your unconditional
acceptance of this Agreement. This Agreement may be prospectively modified
by G.D. Keeth Building Contractors, by posting a revised Agreement on
the Site.
e. Termination. The Agreement may be terminated by either Party, in its
sole and absolute discretion, at any time and for any reason, with or
without cause, with or without notice. If the Agreement is terminated,
you agree to cease all Site Use and, upon request by G.D. Keeth Building
Contractors, to return all Information in your possession relating to
the Site, and all copies thereof.
f. Survival of Certain Provisions. Any and all provisions or obligations
contained in this Agreement which by their nature or effect are required
or intended to be observed, kept or performed after termination of this
Agreement will survive the termination of this Agreement and remain binding
upon and for the benefit of the parties, their successors and permitted
assignees.
g. Waiver. No delay or omission to exercise any right or remedy accruing
to G.D. Keeth Building Contractors upon any breach or default by you shall
constitute a waiver by Markatalyst of any breach or default.
h. Headings. All article or section headings, or exhibit names, are for
reference and convenience only and shall not be considered in the interpretation
of the Agreement.
i. No Agency. You and G.D. Keeth Building Contractors are independent
contractors, and no agency, partnership, joint venture, employee-employer,
or franchiser-franchisee relationship is intended or created by this Agreement.
j. Conflicts. If this Agreement conflicts with a provision of any other
contract between you and G.D. Keeth Building Contractors relating to the
Site, the provision in such other Agreement shall govern.
|