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TERMS AND CONDITIONS |
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Introduction We at DW Masonry are committed to respecting your online privacy and recognize your need for appropriate protection and management of any personally identifiable information ("Personal Information") you share with us. We also believe it is important to inform you about how we will use your personal information, and to give you choices about how those data will be used. Therefore, we encourage you to read this Privacy Policy carefully. You must read carefully all of the Terms and conditions of use as outlined in this Web Site. Acceptance of Terms of Use: Welcome to the DW Masonry Web Site. This site is provided for use under the following Terms and Conditions. By accessing and using this Web Site, or authorizing another person or entity to use this Web Site on your behalf, you hereby acknowledge and warrant to be 18 years of age or older and agree to be bound by and subject to the following Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions as set forth on this Web Site. DW Masonry reserves the right to revise, modify, amend, or otherwise change these terms and conditions at our sole discretion and without warning or notification by updating the posting of these Terms of Use. Also, specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Web Site (the “Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use. You agree to be bound by such additional terms, revised modifications or amendments. Please check the Terms of Use published on this Web Site regularly to ensure that you are aware of all terms governing your use of this Web Site. If you find any portion or part of the Terms of Use unacceptable to you at anytime, please discontinue your use of this Web Site. This web site ("Web Site") includes without limitation: the DW Masonry company, online services, and any and all affiliated companies or information contained herein referring to third part service providers contracted to or with authorization act for or on behalf of DW Masonry; other on-line services accessible via the Web Site; information such as technical, contractual, product, program, pricing, marketing, and other valuable information; and content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). DW Masonry controls and operates its Web Sites from various locations and makes no representation that this Web Site is appropriate or available for use in all locations. DW Masonry products and services may not be available in your location, and deliverables may vary among locations. If you are using the Web Site on behalf of your employer, your spouse, your dependent, or another person or entity, you represent and warrant that you are authorized to accept these Terms of Use on behalf of this third party, and that this third party is able and does agree to indemnify you and DW Masonry for violations of these Terms of Use. Conduct In consideration of your use of the DW Masonry Web Site, you agree to provide accurate, current, and complete information about you as may be prompted by a registration form on the Web Site; maintain the security of your password and identification; maintain and promptly update the Registration Data, and any information you provide to DW Masonry, to keep it accurate, current and complete; and to accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Web Site. You are entirely responsible for all Content that you upload, post or otherwise transmit via the Web Site. You agree not to upload, post or otherwise transmit via the Web Site Content that is: - inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to DW Masonry or other users of the Web Site; - harmful to minors in any manner; - includes unauthorized disclosure of personal information; - violates or infringes anyone's intellectual property rights; or - 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. DW Masonry reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements. You also agree that you will not use the DW Masonrys Web Site to: - transmit or otherwise make available spam, bulk, unsolicited or unauthorized communications, including but not limited to advertising, promotional materials, or junk mail; - upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right; - pretend to be BigThumb, LLC or someone else, or spoof DW Masonry or someone else's identity; - forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content transmitted through the Services; - misrepresent your affiliation with a person or entity; - disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; - engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to regulations promulgated by the SEC, NASDAQ, FTC, FBI, or other federal or state agency; - engage in activities attempting to compromise the security of any networked account or site; - operate an illegal lottery or gambling operation; - stalk, make threats of harm, or otherwise attempt to harm another person or entity in any manner; or - collect or store personal data about other users unless specifically authorized by such users. You understand that all information, data, text, software, music, sound, photographs, graphics, movies, videos, messages, or other materials, ("Content") whether publicly posted or privately transmitted, are the sole responsibility of the person from which the content originated. This means that DW Masonry is not responsible for any online activity. You understand that some of the content may be offensive, indecent, or objectionable. Under no circumstances, will DW Masonry be liable in any manner for any content, including, but not limited to, any errors or omissions, or for any loss or damage of any kind incurred as a result of the use of any Content. DW Masonry has no obligation to monitor the Web Site content. However, DW Masonry reserves the right to review all content to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever. DW Masonry reserves the right at all times to disclose any information as Big Thumb, LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request. Always use caution when giving out any personally identifiable information about yourself or your children in any non- DW Masonry controlled environment. DW Masonry does not control or endorse the Content, messages or information found in any resource, other than those controlled by DW Masonry and, therefore, DW Masonry specifically disclaims any liability with regard to the Content and any actions resulting from your use thereof. Links Occasionally, this Web Site may provide links or direction to other websites not under the control of DW Masonry. You should carefully review the privacy policies pertaining to those sites as they may differ from the DW Masonry Privacy Policy. DW Masonry provides such links only as a convenience to the user of this Web Site, and the inclusion of any link to any such web sites does not imply endorsement or acknowledgement of any responsibility by DW Masonrys financial services of the content of such web sites. Disclaimer The information and materials in this site could include technical inaccuracies or typographical errors. DW Masonry may make changes or improvements at any time. THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DW MASONRY DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DW MASONRY DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DW MASONRY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF INFORMATION OR MATERIAL IN THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. Limitation of Liability DW MASONRY WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR ON-LINE FAILURE. DW MASONRY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE INFORMATION OR MATERIALS IN THIS SITE EVEN IF THERE IS NEGLIGENCE BY DW MASONRY OR AN AUTHORIZED DW MASONRY REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BOTH. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. DW MASONRYS TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE, IF ANY. Termination/Access Restriction DW Masonry reserves the right, in its sole discretion, to terminate your access to any or all DW Masonrys Site/Service/Software and the related services or any portion thereof at any time, without notice. DW Masonry may also terminate or suspend your access to DW Masonrys’ Site/Service/Software for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by DW Masonry. Upon termination of the DW Masonrys’ Site/Service/Software, your right to use the DW Masonry Networks’ Site/Service/Software immediately ceases. DW Masonry shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. Jurisdiction DW Masonry controls and operates this site from its headquarters in Ohio, USA and makes no representation that the information and materials on this website are appropriate or available for use in locations outside of Ohio. If you use this site from other locations you are responsible for compliance with applicable local laws. Miscellaneous These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Ohio, USA, regardless of conflicts of laws. You agree that any action at law or equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Ohio and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of this site for illegal purposes may be provided to law enforcement authorities in the sole discretion of DW Masonry. These Terms and Conditions contain the entire agreement between the parties relating to the use of this site. The DW Masonry site may describe products and services which are not available worldwide. YOU ACCEPT THESE TERMS BY USING THIS WEBSITE. |
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