|
Terms Of Use |
|
Welcome to Buildmonk.net. We maintain this web site as a service to our customers.
By using our site, you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If you do not agree to
these terms, you should not review information or obtain goods or products from
this site.
|
|
|
|
1. |
|
You agree
to the terms and conditions outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This Agreement constitutes the entire and
only agreement between us and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from time to time
without specific notice to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site.
|
|
|
|
2. |
|
: The content, organization,
graphics, design, compilation, magnetic translation, digital conversion and other
matters related to the Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4, is strictly prohibited. You do
not acquire ownership rights to any content, document or other materials viewed
through the Site. The posting of information or materials on the Site does not constitute
a waiver of any right in such information and materials.
|
|
|
|
3. |
|
Buildmonk.net and others are either
trademarks or registered trademarks of Buildmonk, Inc. Other product and company
names mentioned on the Site may be trademarks of their respective owners.
|
|
|
|
4. |
|
: The viewing,
printing or downloading of any content, graphic, form or document from the Site
grants you only a limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment, sublicense, sale,
preparation of derivative works or other use. No part of any content, form or document
may be reproduced in any form or incorporated into any information retrieval system,
electronic or mechanical, other than for your personal use (but not for resale or
redistribution).
|
|
|
|
5. |
|
We reserve the
right in our sole discretion to edit or delete any documents, information or other
content appearing on the Site.
|
|
|
|
6. |
|
You agree to indemnify, defend
and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense, including reasonable
attorney's fees, related to your violation of this Agreement or use of the Site.
|
|
|
|
7. |
|
Your right to use the Site is not
transferable. Any password or right given to you to obtain information or documents
is not transferable.
|
|
|
|
8. |
|
THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES
MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR
LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF
DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED
IN THIS AGREEMENT.
|
|
|
|
9. |
|
All responsibility or liability for any
damages caused by viruses contained within the electronic file containing the form
or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO
USE OUR SITE. Our maximum liability to you under all circumstances will be equal
to the purchase price you pay for any goods, services or information.
|
|
|
|
10. |
|
We reserve the right, and you
authorize us, to the use and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent with our Privacy
Policy.
|
|
|
|
11. |
|
Our Privacy Policy, as it may change
from time to time, is a part of this Agreement.
|
|
|
|
12. |
|
You represent and warrant that if you
are purchasing something from us or from our Merchants that (i) any credit card
information you supply is true, correct and complete, (ii) charges incurred by you
will be honored by your credit card company, and (iii) you will pay the charges
incurred by you at the posted prices, including any applicable taxes.
|
|
|
|
13. |
|
This Site may include statements
concerning our operations, prospects, strategies, financial condition, future economic
performance and demand for our products or services, as well as our intentions,
plans and objectives, that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our Site, words
like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends"
and similar expressions are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into any of our securities-related
filings or documents.
|
|
|
|
14. |
|
The Site contains links
to other Web sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated, monitored or
checked for accuracy or completeness by us. Inclusion of any linked Web site on
our Site does not imply approval or endorsement of the linked Web site by us. If
you decide to leave our Site and access these third-party sites, you do so at your
own risk.
|
|
|
|
15. |
|
We respect the
intellectual property of others, and we ask you to do the same. If you believe that
your work has been copied in a way constitutes copyright infringement, please provide
our Copyright Agent the following information:
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim
has been infringed;
- A description of where the material that you claim
is infringing is located on the Site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; and
- A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
|
|
|
|
16. |
|
The Site contains
information and press releases about us. While this information was believed to
be accurate as of the date prepared, we disclaim any duty or obligation to update
this information or any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
|
|
|
|
|
|