AGREEMENT BETWEEN USER AND Starburst Construction Company
The Starburst Construction Company Web Site is comprised of various Web pages operated by Starburst Construction Company.
The Starburst Construction Company Web Site is offered to you
conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Starburst
Construction Company Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Starburst Construction Company reserves the right to change the
terms, conditions, and notices under which the Starburst Construction
Company Web Site is offered, including but not limited to the charges
associated with the use of the Starburst Construction Company Web Site.
LINKS TO THIRD PARTY SITES
The Starburst Construction Company Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under the
control of Starburst Construction Company and Starburst Construction
Company 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. Starburst Construction Company
is not responsible for webcasting or any other form of transmission
received from any Linked Site. Starburst Construction Company is
providing these links to you only as a convenience, and the inclusion
of any link does not imply endorsement by Starburst Construction
Company of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Starburst Construction Company Web
Site, you warrant to Starburst Construction Company that you will not
use the Starburst Construction Company Web Site for any purpose that is
unlawful or prohibited by these terms, conditions, and notices. You may
not use the Starburst Construction Company Web Site in any manner
which could damage, disable, overburden, or impair the Starburst
Construction Company Web Site or interfere with any other party's use
and enjoyment of the Starburst Construction Company 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
Starburst Construction Company Web Sites.
USE OF COMMUNICATION SEVICERS
The Starburst Construction Company 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.
Starburst Construction Company has no obligation to monitor the
Communication Services. However, Starburst Construction Company
reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. Starburst
Construction Company reserves the right to terminate your access to any
or all of the Communication Services at any time without notice for any
reason whatsoever.
Starburst Construction Company 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 Starburst Construction Company's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. Starburst Construction Company does not control or endorse the
content, messages or information found in any Communication Service
and, therefore, Starburst Construction Company 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 Starburst Construction Company
spokespersons, and their views do not necessarily reflect those of
Starburst Construction Company.
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 Starburst Construction Company OR POSTED AT ANY Starburst Construction Company WEB SITE
Starburst Construction Company does not claim ownership of the
materials you provide to Starburst Construction Company (including
feedback and suggestions) or post, upload, input or submit to any
Starburst Construction Company Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Starburst
Construction Company, 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. Starburst Construction Company is under
no obligation to post or use any Submission you may provide and may
remove any Submission at any time in Starburst Construction Company'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 Starburst Construction Company WEB SITE MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Starburst Construction Company AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Starburst
Construction Company WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE
Starburst Construction Company 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.
Starburst Construction Company 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 Starburst Construction
Company 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. Starburst Construction Company 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
Starburst Construction Company 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 Starburst Construction Company WEB
SITE, WITH THE DELAY OR INABILITY TO USE THE Starburst Construction
Company 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 Starburst Construction
Company WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Starburst
Construction Company WEB SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Starburst
Construction Company 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 Starburst Construction Company
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE Starburst Construction Company WEB
SITE.
SERVICE CONTACT : cindy@starburstconstruction.com
TERMINATION/ACCESS RESTRICTION
Starburst Construction Company reserves the right, in its sole
discretion, to terminate your access to the Starburst Construction
Company 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 Starburst Construction Company Web
Site. Use of the Starburst Construction Company 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 Starburst
Construction Company as a result of this agreement or use of the
Starburst Construction Company Web Site. Starburst Construction
Company's performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of Starburst Construction Company's right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of the Starburst Construction Company Web Site or information
provided to or gathered by Starburst Construction Company 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 Starburst
Construction Company with respect to the Starburst Construction Company
Web Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user
and Starburst Construction Company with respect to the Starburst
Construction Company 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 Starburst Construction Company Web Site are:
Copyright 2009 by Starburst Construction Company 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.