mcnabbmodern.com WEBSITE TERMS & CONDITIONS OF USE
Introduction, Agreement To Terms & Conditions of Use and Changes
(i) This website, including associated sites or applications linked to this site (collectively, the “Site”) is the property of McNabb Modern Construction, its affiliates, subsidiaries or related entities (collectively, “Company”) or the licensors of any licensed content appearing on the Site.
(ii) BY VIEWING OR USING THE SITE, YOU AGREE TO THESE TERMS & CONDITIONS OF USE INCLUDING ANY FURTHER TERMS & CONDITIONS OF USE ASSOCIATED WITH ANY ASSOCIATED SITE, APPLICATION ACCESSED THROUGH THE SITE OR ANY SERVICE OFFERED THROUGH THE SITE. DO NOT USE THE SITE IF YOU DO NOT AGREE.
(iii) Company reserves the right, in its sole discretion and without notice, to change, modify, add or remove portions of these Terms & Conditions of Use, at any time. It is your responsibility as a user of the Site to periodically review these Terms & Conditions of Use for changes. Continued use of the Site following the posting of any changes to the Terms & Conditions of Use constitutes your acceptance and agreement to the changes. By using the Site, you agree that you are at least 18 years of age.
(iv) As long as you remain in compliance with all of the provisions of these Terms & Conditions of Use, Company hereby grants you a personal, limited, non-transferable, non-exclusive and revocable privilege to enter and use the Site. Such privilege may be revoked by Company in its sole discretion at any time.
(ii) Company attempts to take commercially reasonable steps in accordance with industry practices to insure the security of its Site and network; however, you understand and agree that Internet, mobile or public network transmissions or communications are never completely private or secure. You understand that any message or information you send to or through the Site may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted or sent using secure transmission protocols.
(i) The primary purpose of the Site is to provide general information about Company and its products and services and to provide general business information about the Company’s location, hours of operation and to facilitate contact with the Company. It is our goal to be reasonably sure that all information posted on the Site by Company is correct and accurate to the best of Company’s knowledge at the time of its posting; however, Company cannot guarantee that such information is absolutely true and accurate or will remain so and Company does not guarantee that information will be reviewed, edited, corrected or otherwise maintained subsequent to its posting. To the extent that you intend to rely on any information provided on the Site in any way, Company strongly urges you to verify its accuracy independently.
(i) All information and content available on the Site, including but not limited to, text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and/or computer code or software (collectively, “Content”) is owned, controlled or licensed by or to Company and is protected by copyright, trademark, patent, trade dress, trade secret and other intellectual property laws and international treaties.
(ii) The Content is intended for use in connection with the use of the Site and no Content may be copied, reproduced, republished, uploaded, posted, modified, sold, performed or distributed in any way without Company’s express prior written permission. Except for use strictly in accordance with uses expressly authorized by these Terms & Conditions of Use, no other copying or use is permitted and all rights are reserved.
(i) Linking is only permitted to the Site’s homepage. “Deep-linking”, “page-scraping”, “framing” or the use of any “robot”, “spider” or other automatic program, algorithm or process, or any equivalent manual process to access, acquire or copy any portion of the Site or the Content, or to avoid the navigational structure or presentation of the Site or Content is not permitted, except to the extent required by legitimate web search engines to allow for appearance in such search engine’s results.
(ii) This Site may contain links to the Web sites of unrelated third parties (“Linked Sites”). Links to these Linked Sites are provided solely as a convenience to our visitors. The Linked Sites are not under the supervision or control of Company and Company is not responsible for and does not endorse the content of the Linked Sites, including any materials, information or offers provided on the Linked Sites. You are responsible for all interactions with the Linked Sites.
(i) By submitting photographs, descriptions, information or any other materials (collectively, “Materials”) to the Site, you hereby grant to Company and other parties authorized by Company a royalty-free, perpetual, irrevocable, non-exclusive, fully transferable and fully sub-licensable right and license to exploit all such Materials in any way, including but not limited to, copying, modifying, displaying, distributing, performing or creating derivative works, in any media, form, technology, and/or software, either currently existing or yet to be developed. You further consent to the use of your name, image and likeness in connection with use of the Materials.
(ii) You represent and warrant that (a) you have all necessary right, authority and permission to submit the Materials to the Site, (b) the Materials do not and will not infringe or misappropriate any patent, trademark, copyright, trade dress, trade secret, rights of privacy or publicity or any other intellectual property right of any third party and (c) the Materials do not violate any applicable law or regulation.
(iii) Any Materials or any other information or submissions received by Company are not subject to any obligation of confidentiality and may be freely used by Company without compensation.
(iv) Company does not and cannot review all Materials submitted by users of the Site and all users of the Site should independently verify the truth and accuracy of any Materials accessed through the Site prior to use or reliance on those Materials.
(v) Information provided by the user to any other user of the Site is at user’s sole risk. While Company uses standard internet security protocols related to the transmission of information to and from the secure portions of the Site to insure the secure transmission of the information, no data transmission is completely secure. Company is not responsible for the misuse or inadvertent disclosure of such information in the event it is intercepted or otherwise accessed by third parties.
Copyright Claims Notification
(i) Company respects the legitimate intellectual property rights of all copyright holders and will remove Content or Materials appearing on the Site under the appropriate circumstances. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, if you believe that any work for which you are the copyright owner has been copied on the Site in a manner that constitutes copyright infringement, please provide notice to the Company Copyright Agent and include the following required information:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; and
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; and
(d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(g) For notification of infringement claims, or other copyright inquiries, please contact Company’s Copyright Agent at: Support Contact
(i) Certain features, functions or services offered through or on the Site may require you to open up an account and establish a username and password. You are entirely responsible for the security and confidentiality of all information related to your account, including your username, password and/or other security information and any and all activity that occurs under your account that may result from any failure to maintain the security of such information. You agree to notify Company immediately in the event of any unauthorized use of your account, username, password or other breach of security. You may be held liable for loss by Company or any third party as a result of any unauthorized or fraudulent use of your account resulting from any failure to maintain the security of your account, username, password or other security information.
(ii) Each user account is to be used by a single authorized individual or entity and sharing of accounts among multiple individuals or entities is prohibited.
(i) You agree not to transmit or submit Materials, or promote any information, (a) that is patently offensive, such as Materials that promote racism, bigotry, hatred or physical harm against any group or individual; (b) that could be harmful to minors; (c) that harasses or advocates the harassment of another individual, entity or organization; and/or (d) that is fraudulent, false or misleading, defamatory or libelous, promotes illegal activities, obscene, sexually explicit, pornographic, threatening, abusive, solicits passwords or personally identifiable information for fraudulent or unlawful purposes or otherwise is determined by Company to be counter to its interests or the interests of the user community of the Site;
(ii) You agree not to engage in the transmission of “junk mail” or unsolicited mass mailing or “spamming” to other Site users or otherwise in association with your user account;
(iii) You agree not to (a) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of Company, its affiliates, subsidiaries or related or linked entities; (b) probe, scan or test the vulnerability of the Site or any network connected to the Site; (c) use any device, software or process, or take any action, that will interfere with the proper working of the Site or that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any network or systems of networks connected to the Site; (d) decompile, reverse engineer, disassemble or otherwise attempt to obtain the source code for any software associated with the Site; and/or (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal on or through the Site and not pretend that you are or represent someone else, or impersonate any other individual or entity; and
(iv) You agree not to use the Site or any Content for any purposes that are unlawful or prohibited by these Terms & Conditions of Use, or to solicit the performance of any illegal activity or other activity which infringes upon the rights of Company, its affiliates, subsidiaries and related entities or others.
Termination of Service and Violations of Terms & Conditions Of Use
(i) You agree that in Company’s sole discretion, and without any prior notice, your access to this Site may be terminated or suspended and your account closed; in the event of such action without cause, any fees proportionate to the unused portion of such fees shall be returned to you within 60 calendar days. You agree that Company is not liable to you or any third party for termination of your access to the Site;
(ii) You agree that Company may disclose any information that we have about you, including your identity, in the event that, in our sole discretion, such disclosure is necessary or advisable to further any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with the Site or Company’s rights or property, or the rights or property of any visitors to or users of the Site. Company reserves the right at all times to disclose any information that it deems necessary, in its sole discretion, to comply with any applicable law, regulation, legal process or governmental request or when it determines, in its sole discretion, that applicable law requires or permits such disclosure, including exchanging information with 3rd parties for fraud protection purposes;
(iii) You agree that Company may preserve any transmittal or communication by you through the Site or any service offered on, through or affiliated with the Site and may disclose such information if, in its sole discretion, it determines that it is required or permitted to do so by law or that the preservation or disclosure is reasonably necessary to (a) comply with any legal process, (b) protect the rights, property or personal safety of anyone, (c) enforce these Terms & Conditions of Use (d) respond or defend any claims that any such information violates or infringes upon the rights of other person or entity;
(iv) You agree that any violation by you of these Terms & Conditions of Use may not be sufficiently remedied by the payment of monetary damages and constitutes an unlawful and unfair business practice and you consent to injunctive or other equitable relief for such violations without any requirement for Company to post a bond. These remedies are in addition to any other remedies that may be available in law and/or equity; and
(v) You agree that in the event that Company takes any legal action against you as a result of any violation of these Terms & Conditions of Use, it is entitled to recover and you agree to pay all reasonable attorney’s fees, expenses and costs associated with such legal action, in addition to any other relief granted.
Disclaimer of Warranties, Limitation of Liability and Indemnity
(i) YOU AGREE THAT THIS SITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND THAT YOUR USE OF THIS SITE AND ALL INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THIS SITE IS ENTIRELY AT YOUR OWN RISK. COMPANY DOES NOT WARRANT THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS AN EXPRESS PART OF THE BARGAIN BETWEEN THE PARTIES AND COMPANY WOULD NOT ENTER INTO THESE TERMS & CONDITIONS OF USE OR PROVIDE ACCESS TO THE SITE WITHOUT AGREEMENT TO THIS LIMITATION OF RELIEF BY EACH USER OF THE SITE.
(ii) NEITHER COMPANY NOR ITS OWNERS, AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, LICENSORS OR LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN OR THE FUNCTIONING OF THE SITE. IN NO EVENT WILL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDIENTAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN TO THE EXTENT THAT IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Without limiting the foregoing, you agree that the entire aggregate liability, if any, of Company or any owner, affiliate, subsidiary, related entity, licensor or licensee arising out of any kind of legal claim related in any way to your access to or use of, or inability to use, this Site or any Content or Materials available on this Site, will not exceed the greater of any (1) any fees paid to Company specifically for access to or use of the Site or (2) $100.00.
(iii) You agree to release, indemnify and hold harmless Company, its officers, directors shareholders, predecessors, successors in interest, employees, agents subsidiaries, affiliates and/or related entities from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against it by any third party due to or arising out of or in connection with your use of the Site.
Governing Law and Dispute Resolution
(i) These Terms & Conditions of Use, and all related website policies and additional terms and conditions, are governed and interpreted in accordance with the laws of the State of Tennessee, without regard to the choice of law provisions thereof.
(ii) The Site originates and is administered from the State of Tennessee. Although the Site is accessible outside of the State of Tennessee and worldwide, not all features, products or services discussed, referenced, provided or offered through the Site are available to all persons in all geographic locations. Any aspect of the Site or any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
(iii) You agree that in any and all disputes or causes of action arising from or in any way connected to the Site, the exclusive jurisdiction and venue shall be in the state and federal courts located in Knoxville, Tennessee and you expressly consent to personal jurisdiction and venue in those courts.
(iv) You agree that any and all disputes or causes of action arising from or in any way connected to the Site, shall be resolved individually, without resort to any form of class action. You also agree to waive, to the fullest extent allowable by law, the right to trial by jury in any such dispute or cause of action.
(i) You agree not to use, export or re-export any Content or any copy or adaptation of Content, or any feature, product or service offered through or in connection with the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations or United States Treasury Department OFAC rules or regulations.
(ii) In the event that a court or tribunal of competent jurisdiction finds any provision, or portion of a provision, of these Terms & Conditions of Use to be void or unenforceable, such provision or portion shall be limited or excluded to the minimum extent necessary and replaced with a valid provision adequate to effect the intent of the eliminated provision or portion and all remaining terms and conditions shall remain in full force and effect.
(iv) In the event that Company fails to enforce any provision of these Terms & Conditions of Use, such failure shall not constitute a waiver of any right or remedy with respect to future enforcement of that, or any other, provision of these Terms & Conditions of Use.
(v) These Terms & Conditions of Use are not intended to and shall not be interpreted to confer any rights or remedies on any third party.
(vi) You agree that any notices, disclosures or other communications related to the Site or these Terms & Conditions of Use that Company provides to you electronically satisfies any legal requirement that such communications be in writing.