April 16, 2008
Gary Groh Construction LLC
911 5th Ave. N.E.
Austin, MN 55912
Special Terms and Conditions Governing Special Promotions, Features or Functionality
Ownership of Site and Content
All rights, title and interest in this Site, including, but not limited to all of the software and code that comprise and operate this Site, and all of the text, photographs, images, illustrations, graphics, audio, video and audio-video clips, URL’s, advertising copy and other materials provided through this Site (collectively, “Content”) are owned by us or by third parties who have licensed their Content to us. This Site is protected under trademark, service mark, trade dress, copyright, patent, trade secret and other intellectual property laws. In addition, the entire Content of this Site is a collective work under U.S. and international copyright laws and treaties, and we own the copyright in the selection, coordination, arrangement and enhancement of the Content of this Site.
Feedback and Other Submissions
The comments, feedback, suggestions, ideas, recipes, artwork and other information or materials you provide to us when you use our Site or respond to solicitations on our Site (collectively, “Submissions”) shall be our exclusive property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your Submissions. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Submissions you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your Submissions as confidential. You acknowledge that we have many resources, internal and external and may have independently developed or may independently develop information, ideas or materials that are identical or similar to your Submissions. You are responsible for the lawfulness and appropriateness of all Submissions you submit through this Site.
By providing Submissions to us, you are agreeing to these terms; representing and warranting to us that your Submissions are your original work; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights.
Permission to Use
Our trademarks and logos are important assets to our company and represent our brand. No one shall have the right to use those trademarks and or logos in any way.
We may now or in the future permit users to post, upload, display, publish, distribute, transmit through, broadcast or otherwise make available on the Site (collectively “Submit”) messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, video, information, recipes, content and or other materials (“User Content”).
Rules Governing User Content. The following additional terms and conditions apply when you post comments or other Content on one of our Site (“User Content”).
You may not
· post any User Content that is protected by copyright, trademark, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights without the express permission of the owner of the respective right; and you are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content you submit,
· post any User Content that is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; offensive; inappropriate; or inflammatory;
· post any User Content that you know (or reasonably should know) is false, deceptive or misleading;
· post any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· post any private information about another person, including addresses, phone numbers, email addresses, and so on;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age, or your affiliation with any person or entity;
· use the Site in a manner that violates any laws or regulations;
· use the Site to solicit money, goods or services for private gain;
· use the Site to solicit money, goods or services for any charitable purposes;
· use the Site to promote political views or candidates;
· use the Site to advertise any goods or services or to solicit the purchase or sale of any products or services;
· use the Site to transmit chain letters or junk email;
· use the Site to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
· use the Site in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or
services that support the Site;
· use the Site to harvest or collect email addresses or other contact information of other Users by electronic or other means for
the purposes of sending unsolicited emails or other unsolicited communications;
· use the Site in a manner that, in our sole discretion restricts or inhibits any other user from using or enjoying the Site.
· use the Site in a manner that suggests an association with our Company or any of our subsidiaries, affiliates, employees,
products or brands.
Right to Monitor and Remove User Content.
Ownership of User Content.
The User Content you provide to us shall be and remain exclusively our property. We shall exclusively own all rights, title and interests, known or hereafter existing, in your User Content. Without limiting the generality of the foregoing, we shall have right (but not the obligation) to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Content you submit to us for any purpose whatsoever, without restriction and without compensating you in any way. We shall have no obligation to treat your User Content as confidential. By providing User Content to us, you are agreeing to these terms; representing and warranting to us that the User Content you provide is your original work; and assigning to us all worldwide rights, title and interests in your Submissions, including all copyrights and other intellectual property rights. We are free to use any ideas, concepts, know-how or techniques contained in any User Content you submit without any remuneration or obligation to you and for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and/or services using such User Content.
Some of the articles, columns, information, and other materials available through our Site are provided to us by third parties (other than visitors to our Site). Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. We do not endorse these materials or the third parties who supply them to us, nor are we responsible, warrant, or represent that these materials are current, accurate, complete or reliable. The opinions expressed in these materials are strictly those of the authors and do not necessary reflect our views or opinions. If there is a dispute between persons accessing the Web site or between persons accessing the Web site and any third party, you understand and agree that we are under no obligation to become involved. If there is such a dispute, you hereby release Gary Groh Construction LLC and its officers, directors, employees, partners, successors, agents, affiliates, subsidiaries and their related companies from claims, demands, and damages of every kind or nature arising out of, relating to, or in any way connected with such dispute.
The Web site may include certain features and services that may be available via your mobile phone, including, without limitation: (a) the ability to upload to the Web site via your mobile phone, (b) the ability to receive and reply to messages and to send content and messages using text messaging, and (c) the ability to access the Web site from your mobile phone (collectively “Mobile Services”). We typically do not charge for Mobile Services. You carrier’s normal messaging, data and other rates and fees will, however, still apply. Your carrier may prohibit or restrict certain Mobile Services and certain Mobile Services may be incompatible with your carrier or mobile device. You should check with your carrier to find out what plans are available and how much they cost. All charges are billed by and payable to your mobile service provider. By using the Mobile Services you agree that we may communicate with you regarding the Web site and our partners by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services will be communicated to us.
Upon submission of your phone number to obtain Mobile Services, you will receive an SMS text message requiring confirmation response from your mobile phone or device. Your text message confirmation response will constitute an agreement to comply with the terms and conditions. Text “STOP” from your mobile phone and we will unsubscribe you from our SMS text messaging service. You will receive an OPT-OUT confirmation message and will not receive any additional messages until you re-register on our Web site or you initiate additional text requests. From you mobile phone, you may request additional information at any time by texting HELP.
You agree that in connection with the Mobile Services for which you are registered for, we may send communications to your mobile device regarding us or other parties. Further, we may collect information related to your use of the Mobile Services. If you have registered for Mobile Services, you agree to notify us of any changes to your mobile number and update your account(s) on the Web site to reflect this change. You also agree that the cell phone number you enter is registered in your name and that you will not initiate messages or messaging to the cell phone of any other person or entity.
Agent to Receive Notification of Claimed Infringement
It is your responsibility to make sure that you do not post User Content that violates the copyrights of others. We reserve the right to deny you access to this Site if you post or transmit infringing Content on or through this Site. Please notify our Copyright Agent immediately if you have reason to believe any part of the Content of this Site or any other Site infringes the copyrights of others.
The Web site may contain links to other web sites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party web sites. You assume sole responsibility for your use of third party links. We are not responsible for any content posted on third party Web sites or are not liable to you for any loss or damage of any sort incurred as a result of your dealing with any third party or their web site.
Notice of Claim of Copyright Infringement.
If you are the copyright owner or are authorized to act on behalf of the copyright owner, please notify our Copyright Agent immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, in the form described below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:
· a description of the copyrighted work you believe has been infringed (or if you believe multiple copyrighted works have been
infringed, a representative list);
· a description of the material you believe is infringing or the subject of infringing activity, together with enough information to
permit us to locate the material;
· enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail
· a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner
of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;
· a statement that all of the information you have provided is accurate; and
· a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright
Your notice must be signed (physically or electronically) and must be addressed as follows:
Gary Groh Construction LLC
911 5th Ave. N.E.
Austin, MN 55912
DISCLAIMER OF WARRANTIES
OUR SITE AND ALL OF THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITE ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITE AND THE INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH OUR SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE AND OUR AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF OUR SITE; (D) THAT THE CONTENT OF OUR SITE IS ACCURATE, COMPLETE. CURRENT OR RELIABLE; AND (E) THAT OUR SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT. ALTHOUGH WE PROVIDE RULES FOR USER CONTENT, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH OUR SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING, FALSE, OR OTHERWISE OBJECTIONABLE USER CONTENT YOU MAY ENCOUNTER ON OUR SITE OR IN CONNECTION WITH YOUR USE OF OUR SITE.
UNDER NO CIRCUMSTANCES, SHALL WE OR OUR AFFILIATES, OR ANY OF OUR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, VENDORS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING, WITHOUT LIMITATION, IN CONNECTION WITH ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED OR PURCHASED THROUGH OUR SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF OUR AUTHORIZED REPRESENTATIVE OR THE AUTHORIZED REPRESENTATIVE OF ONE OF OUR AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AND OUR AFFILIATES’ AGGREGATE LIABILITY (INCLUDING THE LIABILITY OF ANY OTHER PERSON OR ENTITY WHOSE LIABILITY WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE AMOUNT, IF ANY, OF ANY AMOUNTS PAID BY YOU TO US OR THE APPLICABLE AFFILIATE IN CONNECTION WITH THE APPLICABLE PRODUCT OR SERVICE, OR IF YOU HAVE PAID NO SUCH AMOUNTS, $10.00.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Password Protected Areas of Our Site
For your protection, certain areas of our Site are password protected. You are responsible for maintaining the confidentiality of your passwords. We have the right to assume that anyone accessing our Site using a password assigned to you has the right to do so. You will be solely responsible for the activities of anyone accessing our Site using a password assigned to you, even if the individual is not, in fact authorized by you. If you have reason to believe that your password has been compromised or used without authorization, you must promptly change it using the functionality provided on our Site.
In order to access or use some of the features on the Web site, you may have to become a registered user. If you become a registered user, you will provide true, accurate, current and complete information about you as may be prompted by any registration forms, if such information changes, you will promptly update the relevant registration information. We reserve the right to terminate your account or otherwise deny you access to the Web site in our sole discretion for any or on reason without notice and without liability. If you are under the age of thirteen (13), then you are not permitted to register as a user or otherwise submit personal information to us.
Links to Other Web sites.
Use of This Site Outside the United States
This Site is intended for use by individuals who reside within the United States and has been designed to comply with United States law. We do not represent that this Site or the Content, products, or services made available through this Site are appropriate for locations outside the United States, nor that this Site or the Content, products or services made available through this Site complies with the laws of any other country. If you access this Site from locations outside the United States, you are responsible for complying with all applicable local laws.
Governing Law, Jurisdiction and Venue