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Please
read this document carefully before accessing or using the site. By accessing
or using the site, you agree to be bound by the terms and conditions set forth
below.
If you do not wish to be bound by these terms and conditions, you may not access
or use the site. John J. Smith Masonry, Inc. may modify this agreement at any
time, and such modifications shall be effective immediately upon posting of the
modified agreement on the site.
You agree to review the agreement periodically to be aware of such modifications
and your continued access or use of the site shall be deemed your conclusive acceptance
of the modified agreement.
1.
Copyright, licenses and idea submissions.
The entire contents of the site are protected by international
copyright and trademark laws. The owner of the copyrights and trademarks are John
J. Smith Masonry, Inc., its affiliates or other third party licensors. You may
not modify, copy, reproduce, republish, upload, post, transmit, or distribute,
in any manner, the material on the site, including text, graphics, code and/or
software. You may print and download portions of material from the different areas
of the site solely for your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices from the materials. You
agree to grant to John J. Smith Masonry, Inc. a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas of the
site (such as bulletin boards, forums and newsgroups) or by e-mail to John J.
Smith Masonry, Inc. by all means and in any media now known or hereafter developed.
You also grant to John J. Smith Masonry, Inc. the right to use your name in connection
with the submitted materials and other information as well as in connection with
all advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse against John J. Smith Masonry, Inc. for any alleged
or actual infringement or misappropriation of any proprietary right in your communications
to John J. Smith Masonry, Inc.
2. Use of the site.
You understand that, except for information, products or services
clearly identified as being supplied by John J. Smith Masonry, Inc., John J. Smith
Masonry, Inc. does not operate, control or endorse any information, products or
services on the internet in any way. Except for John J. Smith Masonry, Inc.- identified
information, products or services, all information, products and services offered
through the site or on the internet generally are offered by third parties that
are not affiliated with John J. Smith Masonry, Inc.. You also understand that
John J. Smith Masonry, Inc. cannot and does not guarantee or warrant that files
available for downloading through the site will be free of infection or viruses,
worms, trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the site for the reconstruction of any
lost data.
You assume total responsibility and risk for your use of the site and the internet.
John J. Smith Masonry, Inc. provides the site and related information "as
is" and does not make any express or implied warranties, representations
or endorsements whatsoever (including without limitation warranties of title or
noninfringement, or the implied warranties of merchantability or fitness for a
particular purpose) with regard to the service, any merchandise information or
service provided through the service or on the internet generally, and John J.
Smith Masonry, Inc. shall not be liable for any cost or damage arising either
directly or indirectly from any such transaction. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the service or on
the internet generally. John J. Smith Masonry, Inc. does not warrant that the
service will be uninterrupted or error-free or that defects in the service will
be corrected.
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You understand further that the internet contains unedited
materials some of which are sexually explicit or may be offensive to you. You
access such materials at your risk. John J. Smith Masonry, Inc. has no control
over and accepts no responsibility whatsoever for such materials.
Limitation of liability
In no event will John J. Smith Masonry, Inc. be liable for
(i) any incidental, consequential, or indirect damages (including, but not limited
to, damages for loss of profits, business interruption, loss of programs or information,
and the like) arising out of the use of or inability to use the service, or any
information, or transactions provided on the service, or downloaded from the service,
or any delay of such information or service. Even if John J. Smith Masonry, Inc.
or its authorized representatives have been advised of the possibility of such
damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies
in the service and/or materials or information downloaded through the service.
Because some states do not allow the exclusion or limitation of liability for
consequential or incidental damages, the above limitation may not apply to you.
In such states, John J. Smith Masonry, Inc.'s liability is limited to the greatest
extent permitted by law.
3. Indemnification.
You agree to indemnify, defend and hold harmless John J. Smith
Masonry, Inc., its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the service from and against all
losses, expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this agreement (including negligent or wrongful conduct)
by you or any other person accessing the service.
4. Third party rights.
The provisions of paragraphs 2 (use of the service), and 3
(indemnification) are for the benefit of John J. Smith Masonry, Inc. and its officers,
directors, employees, agents, licensors, suppliers, and any third party information
providers to the service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you on its own behalf.
Any rights not expressly granted herein are reserved.
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Copyright notice.
©2011
John J. Smith Masonry, Inc.
All Rights Reserved
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