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AGREEMENT BETWEEN USER AND Gunter
Construction & Restoration LLC
The Gunter Construction & Restoration LLC Web Site is
comprised of various Web pages
operated by Gunter Construction &
Restoration LLC.
The Gunter Construction & Restoration LLC Web Site is offered
to you conditioned on your
acceptance without modification of
the terms, conditions, and notices
contained herein. Your use of the
Gunter Construction & Restoration
LLC Web Site constitutes your
agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Gunter Construction & Restoration LLC reserves the right to
change the terms, conditions, and
notices under which the Gunter
Construction & Restoration LLC Web
Site is offered, including but not
limited to the charges associated
with the use of the Gunter
Construction & Restoration LLC Web
Site.
LINKS TO THIRD PARTY SITES
The Gunter Construction & Restoration LLC Web Site may
contain links to other Web Sites
("Linked Sites"). The Linked Sites
are not under the control of Gunter
Construction & Restoration LLC and
Gunter Construction & Restoration
LLC is not responsible for the
contents of any Linked Site,
including without limitation any
link contained in a Linked Site, or
any changes or updates to a Linked
Site. Gunter Construction &
Restoration LLC is not responsible
for webcasting or any other form of
transmission received from any
Linked Site. Gunter Construction &
Restoration LLC is providing these
links to you only as a convenience,
and the inclusion of any link does
not imply endorsement by Gunter
Construction & Restoration LLC of
the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Gunter Construction &
Restoration LLC Web Site, you
warrant to Gunter Construction &
Restoration LLC that you will not
use the Gunter Construction &
Restoration LLC Web Site for any
purpose that is unlawful or
prohibited by these terms,
conditions, and notices. You may not
use the Gunter Construction &
Restoration LLC Web Site in any
manner which could damage, disable,
overburden, or impair the Gunter
Construction & Restoration LLC Web
Site or interfere with any other
party's use and enjoyment of the
Gunter Construction & Restoration
LLC Web Site. You may not obtain or
attempt to obtain any materials or
information through any means not
intentionally made available or
provided for through the Gunter
Construction & Restoration LLC Web
Sites.
USE OF COMMUNICATION SERVICES
The Gunter Construction & Restoration LLC Web Site may
contain bulletin board services,
chat areas, news groups, forums,
communities, personal web pages,
calendars, and/or other message or
communication facilities designed to
enable you to communicate with the
public at large or with a group
(collectively, "Communication
Services"), you agree to use the
Communication Services only to post,
send and receive messages and
material that are proper and related
to the particular Communication
Service. By way of example, and not
as a limitation, you agree that when
using a Communication Service, you
will not:
* Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
* Publish, post, upload, distribute
or disseminate any inappropriate,
profane, defamatory, infringing,
obscene, indecent or unlawful topic,
name, material or information.
* Upload files that contain software
or other material protected by
intellectual property laws (or by
rights of privacy of publicity)
unless you own or control the rights
thereto or have received all
necessary consents.
* Upload files that contain viruses,
corrupted files, or any other
similar software or programs that
may damage the operation of
another's computer.
* Advertise or offer to sell or buy
any goods or services for any
business purpose, unless such
Communication Service specifically
allows such messages.
* Conduct or forward surveys,
contests, pyramid schemes or chain
letters.
* Download any file posted by
another user of a Communication
Service that you know, or reasonably
should know, cannot be legally
distributed in such manner.
* Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations
or labels of the origin or source of
software or other material contained
in a file that is uploaded.
* Restrict or inhibit any other user
from using and enjoying the
Communication Services.
* Violate any code of conduct or
other guidelines which may be
applicable for any particular
Communication Service.
* Harvest or otherwise collect
information about others, including
e-mail addresses, without their
consent.
* Violate any applicable laws or
regulations.
Gunter Construction & Restoration LLC has no obligation to
monitor the Communication Services.
However, Gunter Construction &
Restoration LLC reserves the right
to review materials posted to a
Communication Service and to remove
any materials in its sole
discretion. Gunter Construction &
Restoration LLC reserves the right
to terminate your access to any or
all of the Communication Services at
any time without notice for any
reason whatsoever.
Gunter Construction & Restoration LLC reserves the right at
all times to disclose any
information as necessary to satisfy
any applicable law, regulation,
legal process or governmental
request, or to edit, refuse to post
or to remove any information or
materials, in whole or in part, in
Gunter Construction & Restoration
LLC's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your
children in any Communication
Service. Gunter Construction &
Restoration LLC does not control or
endorse the content, messages or
information found in any
Communication Service and,
therefore, Gunter Construction &
Restoration LLC specifically
disclaims any liability with regard
to the Communication Services and
any actions resulting from your
participation in any Communication
Service. Managers and hosts are not
authorized Gunter Construction &
Restoration LLC spokespersons, and
their views do not necessarily
reflect those of Gunter Construction
& Restoration LLC.
Materials uploaded to a Communication Service may be subject
to posted limitations on usage,
reproduction and/or dissemination.
You are responsible for adhering to
such limitations if you download the
materials.
MATERIALS PROVIDED TO Gunter Construction & Restoration LLC
OR POSTED AT ANY Gunter Construction
& Restoration LLC WEB SITE
Gunter Construction & Restoration LLC does not claim
ownership of the materials you
provide to Gunter Construction &
Restoration LLC (including feedback
and suggestions) or post, upload,
input or submit to any Gunter
Construction & Restoration LLC Web
Site or its associated services
(collectively "Submissions").
However, by posting, uploading,
inputting, providing or submitting
your Submission you are granting
Gunter Construction & Restoration
LLC, its affiliated companies and
necessary sublicensees permission to
use your Submission in connection
with the operation of their Internet
businesses including, without
limitation, the rights to: copy,
distribute, transmit, publicly
display, publicly perform,
reproduce, edit, translate and
reformat your Submission; and to
publish your name in connection with
your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein.
Gunter Construction & Restoration
LLC is under no obligation to post
or use any Submission you may
provide and may remove any
Submission at any time in Gunter
Construction & Restoration LLC's
sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant and
represent that you own or otherwise
control all of the rights to your
Submission as described in this
section including, without
limitation, all the rights necessary
for you to provide, post, upload,
input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THE Gunter
Construction & Restoration LLC WEB
SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE
INFORMATION HEREIN. Gunter
Construction & Restoration LLC
AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE
Gunter Construction & Restoration
LLC WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Gunter Construction
& Restoration LLC WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
Gunter Construction & Restoration LLC AND/OR ITS SUPPLIERS
MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE
Gunter Construction & Restoration
LLC WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Gunter
Construction & Restoration LLC
AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Gunter Construction &
Restoration LLC AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Gunter
Construction & Restoration LLC WEB
SITE, WITH THE DELAY OR INABILITY TO
USE THE Gunter Construction &
Restoration LLC WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Gunter
Construction & Restoration LLC WEB
SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE Gunter Construction &
Restoration LLC WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN
IF Gunter Construction & Restoration
LLC OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Gunter Construction &
Restoration LLC WEB SITE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Gunter
Construction & Restoration LLC WEB
SITE.
SERVICE CONTACT : scott@gunterconstruction.com
TERMINATION/ACCESS RESTRICTION
Gunter Construction & Restoration LLC reserves the right, in
its sole discretion, to terminate
your access to the Gunter
Construction & Restoration LLC Web
Site and the related services or any
portion thereof at any time, without
notice. GENERAL To the maximum
extent permitted by law, this
agreement is governed by the laws of
the State of Washington, U.S.A. and
you hereby consent to the exclusive
jurisdiction and venue of courts in
King County, Washington, U.S.A. in
all disputes arising out of or
relating to the use of the Gunter
Construction & Restoration LLC Web
Site. Use of the Gunter Construction
& Restoration LLC Web Site is
unauthorized in any jurisdiction
that does not give effect to all
provisions of these terms and
conditions, including without
limitation this paragraph. You agree
that no joint venture, partnership,
employment, or agency relationship
exists between you and Gunter
Construction & Restoration LLC as a
result of this agreement or use of
the Gunter Construction &
Restoration LLC Web Site. Gunter
Construction & Restoration LLC's
performance of this agreement is
subject to existing laws and legal
process, and nothing contained in
this agreement is in derogation of
Gunter Construction & Restoration
LLC's right to comply with
governmental, court and law
enforcement requests or requirements
relating to your use of the Gunter
Construction & Restoration LLC Web
Site or information provided to or
gathered by Gunter Construction &
Restoration LLC with respect to such
use. If any part of this agreement
is determined to be invalid or
unenforceable pursuant to applicable
law including, but not limited to,
the warranty disclaimers and
liability limitations set forth
above, then the invalid or
unenforceable provision will be
deemed superseded by a valid,
enforceable provision that most
closely matches the intent of the
original provision and the remainder
of the agreement shall continue in
effect. Unless otherwise specified
herein, this agreement constitutes
the entire agreement between the
user and Gunter Construction &
Restoration LLC with respect to the
Gunter Construction & Restoration
LLC Web Site and it supersedes all
prior or contemporaneous
communications and proposals,
whether electronic, oral or written,
between the user and Gunter
Construction & Restoration LLC with
respect to the Gunter Construction &
Restoration LLC Web Site. A printed
version of this agreement and of any
notice given in electronic form
shall be admissible in judicial or
administrative proceedings based
upon or relating to this agreement
to the same extent an d subject to
the same conditions as other
business documents and records
originally generated and maintained
in printed form. It is the express
wish to the parties that this
agreement and all related documents
be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Gunter Construction & Restoration LLC Web
Site are: Copyright 2006 by Gunter
Construction & Restoration LLC
and/or its suppliers. All rights
reserved.
TRADEMARKS
The names of actual companies and products mentioned herein
may be the trademarks of their
respective owners.
The example companies, organizations, products, people and
events depicted herein are
fictitious. No association with any
real company, organization, product,
person, or event is intended or
should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed
copyright infringement under United
States copyright law should be sent
to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO
THE FOLLOWING PROCEDURE WILL RECEIVE
NO RESPONSE. See Notice and
Procedure for Making Claims of
Copyright Infringement. |