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Walton Construction
Website Terms of Use
These Terms of Use are incorporated into and subject to
the terms of the Walton Construction Service
Agreement.
Contents:
Thank you for
visiting Walton Construction's website.
Walton Construction has the right at any time to change,
modify, or discontinue any aspect or feature of the site,
including, without limitation, the content, hours of
availability, and equipment needed for access or use of the
site. All pages within this website and any material made
available for download (collectively, the Site) are the
property of Walton Construction a Kansas City, Missouri
Corporation Company doing business as Walton Construction
You are responsible for obtaining and maintaining all
connection, computer hardware and other equipment needed for
access to and use of the website and all charges related
thereto.
This website is subject to all of these Terms of Use, a
legally binding agreement between you and Walton
Construction, outlining liability limitations and
disclaimers that apply to Walton Construction in connection
with your use of this website. The terms also address
restrictions and warnings on your use of materials found on
the website. By your accessing this website, you acknowledge
you have read, understood, and agree to be bound by these
terms and to comply with all applicable laws and regulations
including, but not limited to, United States copyright law
protects the material provided on this website. Any claim
relating to and the use of this website and the materials
contained herein is governed by the laws of the state of New
York.
Walton Construction may update, modify, or otherwise change
these any terms or conditions applicable to this website, or
any part thereof, or to impose new conditions, including,
without limitation, adding fees and charges for use without
prior notice to you. Any updates, modifications, and/or
changes will be fully binding on you from the time of their
posting. The most current version of our Terms of Use on
this website is available at all times. You are urged to
review them on a regular basis. Such changes, which may be
given by any means including, without limitation, posting on
the site, or by email or conventional mail, or by any other
means. Any use of the website by you after such notice shall
be deemed to constitute acceptance of such changes,
modifications, additions or deletions. Any changes to the
Terms of Use modifications, additions or deletions shall be
effective immediately upon notice thereof, will be binding
on you even if you have not read them or are not otherwise
aware of them. Reading these Terms of Use and keeping
apprised of all changes to them is your responsibility.
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Content and Use of Content |
All content
including but not limited to information, text, data,
messages, software, music, sound, photographs, graphics,
video, and other information and materials found on the
Walton Construction website ("content") is either Walton
Construction property or that of a third party owner,
signified by its trademark notice. You may not sell, rent,
lease, sublease, copy, license, reproduce, transmit, mirror,
modify, distribute, publicly display, publish, adapt, edit,
participate in the transfer or sale, or create derivative
works from any content, whole or in part, without prior
written authorization from the owner or the content's
authorized licensee or agent. All copyrighted material,
trademarks and other proprietary information will be
respected. You may use the website for lawful purposes only.
You may not post or transmit any material that violates or
infringes in any way upon the rights of others. You may not
use the website for anything that is unlawful, threatening,
abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, profane or otherwise objectionable.
You may not encourage conduct that would constitute a
criminal offense, gives rise to civil liability, or
otherwise violate any law. Without Walton Construction's
express prior approval, you may not post or transmit through
the website any material that contains advertising or any
solicitation with respect to products or services. You shall
not use the website to advertise or perform any commercial
solicitation, including, without limitation, the
solicitation of users to become subscribers of other on-line
information services competitive with the site. Any conduct
by you that in Walton Construction's discretion restricts or
inhibits any other user from using or enjoying the website
will not be permitted. You may download one copy of any
copyrighted material for your personal, non-commercial home
use only. Unless otherwise expressly permitted under
copyright law, no copying, redistribution, retransmission,
publication or commercial exploitation of downloaded
material will be permitted without the express written
permission of Walton Construction and the copyright owner.
If copying is permitted, no changes in or deletion of
author's attribution, trademark legend, or copyright notice
may be made. You do not acquire any ownership rights by
downloading copyrighted material. You may not upload, post,
or otherwise make available on the website, any material
protected by copyright, trademark, or other proprietary
right without the express permission of the owner of that
copyright, trademark, or other proprietary right. The burden
of determining that any material's copyright reposes with
you. You shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission. Submission
of material to any public area of the site, automatically
grants or warrant that the owner of such material expressly
grants Walton Construction royalty-free, worldwide,
irrevocable, non-exclusive right and license to use,
reproduce, publish, display, translate, mirror, and/or
distribute such material (in whole or in part) and/or to
incorporate it in other works in any form, media or
technology now known or hereafter developed. You, in so
doing, permit any other user of the website to access, view,
store or reproduce the material for that user's personal
use. You grant Walton Construction the right to edit, copy,
display, publish, and distribute any material made available
on the website by you. These provisions benefit Walton
Construction, partners, and its third party content
providers and licensors, who each have the right to assert
and enforce such provisions directly or on its own behalf.
This permission terminates automatically if you breach any
terms or conditions. Upon such termination, you must
immediately destroy any downloaded and printed materials
from or related to Walton Construction's website. The
materials on this website are provided with "Restricted
Rights." Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in applicable laws
and regulations. Use of the materials by the Government
constitutes acknowledgment of 's proprietary rights in them.
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Walton
Construction distributes (not publishes) content supplied by
third parties and users of the website. Accordingly, has no
editorial control over such content than does a public
library, book purveyor, or newspaper distributor. Any
opinions, advice, services, offers, or other information or
content available from third parties, including information
providers and users, are those of the respective author(s)
or distributor(s) and not of Walton Construction. The
content available through the website represents the
opinions and judgments of the respective information
provider or user. Walton Construction either endorses nor is
responsible for the accuracy or reliability of any opinion,
advice or statement made on the website by anyone other than
authorized employee or spokespersons while acting in their
official capacities.
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Banners, Advertisements, and/or Promotions |
Walton
Construction reserves the right to post advertisements,
banners, promotions, and similar content throughout the
website. Any such postings are subject to change. Any
interactions, correspondence, and/or business dealings in
which you engage with any advertisers and other third
parties businesses found on or via Walton Construction's
website or your participation in any of their promotions or
offers, including payment and delivery of related goods or
services and any other terms, conditions, guarantees,
warranties, or representations associated with such
interactions, are solely and entirely between you and the
Third Party Businesses. Walton Construction is not and will
not be liable for any harm, loss, or damage of any kind
incurred as a result of any such interactions,
correspondence, or business dealings. We at anytime at our
discretion may display our work that we have done for you as
advertisement of our services only.
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You have read and agree to all of the terms and conditions
of our Privacy Statement, which is located at:
http://www.waltonbuilt.com/privacy.html
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Walton
Construction reserves the right, but not the obligation, to
monitor the content of the website, to determine compliance
with these conditions of use and any operating rules
established by and to satisfy any law, regulation or
authorized government request. Walton Construction has the
right at its sole discretion to edit, refuse to post or
remove any material submitted to or posted on the site.
Without limiting the foregoing, has the right to remove any
material that, in its sole discretion, finds to be in
violation of the provisions hereof or otherwise
objectionable.
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You agree to
defend, indemnify and hold harmless Walton Construction and
its affiliates and their respective directors, officers,
employees, and/or agents from and against any and all
claims, actions, demands, damages, costs, liabilities,
losses and expenses (including reasonable attorneys' fees)
arising out of your use of the site.
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Links to Other Sites and Resources |
Walton
Construction 's website may link to other Internet sites or
sources. Walton Construction may not maintain these other
Internet sites or sources or have any control over them.
Walton Construction does not endorse, approve, or sponsor
any of the other Internet sites or sources or their content,
advertising, information, materials, products, services, or
other items on or available from them and disclaims all
liability for the availability, accuracy, integrity,
performance, quality, and/or source of the other Internet
sources or sites or their compliance with any law or
regulation. Walton Construction is not and shall not be
liable for any harm, loss, or damage of any kind caused or
alleged to be caused by or in connection with your use of or
reliance on any non-related or non-proprietary Internet
source or site.
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Trademarks,
service marks, and logos used and displayed on this website
are registered and unregistered trademarks of Walton
Construction and others. Nothing on this website should be
construed as granting in any way a license or right to use
any trademark displayed on the website, without the written
permission of the trademark owner. Walton Construction
aggressively enforces intellectual property rights to the
fullest extent of the law. The name of Walton Construction
or the logo may not be used in any way, including in
advertising or publicity pertaining to distribution of
materials on this Site, without prior, written permission.
Walton Construction prohibits use of the logo as a "hot"
link to any website unless establishment of such a link is
approved in advance by Walton Construction except as
expressly set forth in these Terms of Use, nothing contained
on this Website may be construed as granting any license or
right to use any content or trademark displayed on this
website without the prior written consent of its owner or
authorized licensee. All rights are reserved.
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You expressly agree that use
of the website is at your sole risk. the website is provided
to you on an "as is" and "as available" basis. walton
construction expressly disclaims any and all warranties of
every kind, either express or implied, including, without
limitation, title or implied warranties of merchantability,
fitness for a particular purpose, and non-infringement.
neither walton construction, its affiliates nor any of their
respective employees, agents, third party content providers
or licensors warrant that the website will be uninterrupted
or error free; nor do they make any warranty as to the
results that may be obtained from use of the site, or as to
the accuracy or reliability of any information, service or
merchandise provided through the site. walton construction
makes no warranty that the website will meet your
requirements, the website will be uninterrupted, timely,
secure, or error-free, your use of the website will achieve
any particular result, the quality of any products,
services, information, or other material obtained by you
through the website (including, without limitation, any
third party resources and third party materials) will meet
your requirements, or any errors in our software will be
corrected. any material downloaded and any material,
product, or service obtained through the use of the website
(including, without limitation, any third party resources
and third party items) is done at your own discretion and
risk and you will be solely responsible for any loss of data
and damage to your computer system and any other property
item that results from any such activity. no advice or
information, whether oral or written, obtained by you from
walton construction or through or from the website shall
create any warranty not expressly stated in these terms of
use. the disclaimers contained in this paragraph are a
material part of our agreement to provide the website to
you.
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Walton
construction will not and shall not be liable for any
direct, indirect, incidental, special, consequential, or
exemplary damages or injury, including, without
limitation, damages for loss of profits, goodwill, use,
data, or other intangible losses (even if we have been
advised of the possibility of such damages), resulting
from:
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any use
or inability to use the site;
the cost of procurement of substitute goods and
services resulting from any goods, data,
information, or services purchased or obtained or
messages received or transactions entered into
through or from the site;
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unauthorized access to or alteration of your
transmissions or data;
statements or conduct of any third party on the
site;
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or any
other matter relating to the website or any third
party resources, third party materials, or third
party businesses. the limitations of liability
contained in this paragraph are a material part of
our agreement to provide the website to you.
further,
this disclaimer of liability applies to any damages or
injury caused by any failure of performance, error,
omission, inaccuracy, interruption, deletion, defect,
delay in operation or transmission, computer virus,
communication line failure, theft or destruction or
unauthorized access to, alteration of, or use of this
site, whether for breach of contract, tortuous behavior
(including strict liability), negligence, or under any
other cause of action. you specifically acknowledge that
walton construction is not liable for defamatory,
offensive or illegal conduct of other users or third
parties and that the risk of injury from the foregoing
rests entirely with you.
Exclusions to
Limitations: Applicable law may not permit the exclusion
of certain warranties or limitations or exclusions of
liability or incidental or consequential damages.
Accordingly, some of the limitations set forth above may
not apply to you. In no event will Walton Construction's
total liability to you for damages, losses, and/or
causes of action whether in contract, tort (including
its own negligence) or under any other legal theory
including strict liability exceed the amount paid by
you, if any, for accessing this site.
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As a condition
to your use of this website, you represent, warrant, and
guarantee that you will use the website in compliance with
these Terms of Use and all-applicable laws and regulations.
These terms of use constitute the entire agreement of the
parties with respect to the subject matter hereof and
supersede all previous written or oral agreements between
the parties with respect to such subject matter. These terms
of use shall be construed in accordance with the laws of the
State of Missouri. No waiver by either party of any breach
or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section
headings used herein are for convenience only and shall not
be given any legal import.
Copyright © 2006 Walton Construction All Rights Reserved.
For questions or comments about this website please send
e-mail to
walton@waltonbuilt.com
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