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Terms and Conditions of Use
(Please Read These Terms Carefully before You Use
This Web Site)
Welcome to our Web Site (“Site”). We provide
this Site to you and others for informational purposes
only. By viewing, using or downloading information
from this Site, you agree to abide by the terms and
conditions set forth in this Agreement. If you do
not agree to these terms and conditions do not view,
use or download information or materials from this
Site.
I. LIMITED LICENSE. Subject to the terms and conditions
set forth in this Agreement and any written signed
contract that you have with us, you may access, view,
download, and use (subject to the restriction on
commercial use set forth below) the information and
materials on this Site. This non-transferable limited
license does not give you title or any other express
or implied ownership right to the information and
materials and/or copies of the information and materials
contained on this Site. Copyright law protects all
of the information and materials contained on this
Site. You agree to comply with all United States’ copyright,
patent and other laws governing your use of the Internet
and this Site. If you download information or materials
from this Site, you agree that all of our copyright
and proprietary notices will remain on the downloaded
information or materials; and that you will give
credit to the Site as the source of the information
and/or materials. You may not modify any of the information
or materials. You may not reproduce, publicly display,
distribute or otherwise use any information or materials
from this Site for any commercial purpose without
our consent. You agree to abide by all additional
restrictions displayed on this Site as it is updated
from time to time.
II. DISCLAIMER. THE INFORMATION AND MATERIALS CONTAINED
ON THIS SITE MAY BE INACCURATE AND/OR CONTAIN TYPOGRAPHICAL
ERRORS. WE DO NOT PROVIDE LEGAL, ACCOUNTING, OR FINANCIAL
ADVICE. ALL OF THE SERVICES, PRODUCTS, INFORMATION
AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS
IS” FOR INFORMATIONAL PURPOSES ONLY. WE DO
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION
AND MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION,
STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED
THROUGH THIS SITE. IF YOU RELY ON ANY SUCH OPINION,
ADVICE, STATEMENT, ARTICLE, MEMORANDUM, OR INFORMATION,
YOU DO SO AT YOUR OWN RISK. WE RESERVE THE RIGHT,
IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR
OMISSIONS IN ANY INFORMATION, MATERIALS, PRODUCTS,
SERVICES OR PRICES DESCRIBED ON THIS SITE AT ANY
TIME WITHOUT ADVANCE NOTICE. THIS SITE, THE INFORMATION
AND MATERIALS ON THIS SITE, AND THE SOFTWARE, PRODUCTS
AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE,
ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS
OR EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE,
OR THOSE WARRANTIES ARISING IN THE COURSE OF TRADE
OR BUSINESS BETWEEN THE PARTIES.
III. LINKS TO OTHER SITES. This Site may provide
links to Web Sites operated by other entities (“Third
Party Sites”). If you use these links, you
will leave our Site and go to a Third Party Site.
If you decide to visit a Third Party Site, you do
so at your own risk. You should take protective measures
to guard against viruses or other destructive elements
from Third Party Sites. We do not warrant, endorse,
or make any representation regarding any Third Party
Sites or the content, information, or materials contained
on any Third Party Sites. The appearance of links
to Third Party Sites does not imply that we are affiliated
with the Third Party Site, authorized to use any
of the Third Party Sites’ trademarks, trade
names, logos or copyrights, or that any Third Party
Sites are authorized to use our trademarks, trade
names, logos, or copyrights.
IV. PRIVACY. We will use reasonable efforts to treat
all personal information that you provide to us through
this Site in accordance with our Privacy Policy Statement
(LINK). While we try to link only Third Party Sites
that share our standards and respect for privacy,
we are not responsible for the privacy practices
employed by Third Party Sites. Further, we do not
want, and you warrant that you will not send us any
information or material that is defamatory, threatening,
obscene, harassing, or otherwise unlawful, or that
incorporates your or another party’s proprietary
or trade secret information.
V. LIMITATION OF DAMAGES. WE ARE NOT LIABLE TO YOU
OR ANY OTHER ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON
YOUR INFORMATION HANDLING SYSTEM) THAT ARISE OUT
OF OR ARE RELATED TO YOUR USE OF, OR YOUR INABILITY
TO USE THE CONTENT, INFORMATION, MATERIALS, SERVICES,
PRODUCTS, AND FUNCTIONS OF THIS SITE OR ANY THIRD
PARTY SITE, EVEN IF YOU EXPRESSLY ADVISED US OF THE
POSSIBILITY OF SUCH DAMAGES.
VI. CHANGES. We reserve the right, in our sole discretion,
to change, modify, add to, or remove any portion
of this Agreement in whole or in part, at any time.
You agree to be bound by the latest amended version
of this Agreement.
In addition, we may, at any time and for any reason
or no reason at all, terminate, change, suspend or
discontinue any aspect of this Site, including the
availability of any information, materials, services,
products, or features of this Site. We reserve the
right to revoke your license, restrict your access
to parts or all of this Site, or impose limits on
certain features and services without notice, cause,
or liability to you.
VII. CHOICE OF LAW. We control, operate, and administer
this Site from our Canton, Ohio, offices in the United
States of America. We make no representation that
the information or materials on this Site are appropriate
or available for use outside Ohio or the United States.
You may not access this Site from territories where
the content of this Site would be illegal or prohibited.
You may not use this Site or the information or materials
contained on this Site in violation of worldwide
import/export, copyright, patent, trademark, or immigration
laws, regulations, or treaties. The laws of the State
of Ohio govern the terms and conditions of this Agreement.
Any cause of action that you may have against us
must be initiated in accordance with our Alternative
Dispute Resolution plan. You will submit to the jurisdiction
of the state and Federal courts presiding over Stark
County, Ohio. All of your claims or causes of action
against Top Echelon Contracting, Inc., must be brought
within (3) months after the claim or cause of action
arises, or you will be forever barred from asserting
such claim.
VIII. SERVICES AND PRODUCTS. We reserve the right
to change the nature, structure, price, or benefits
of any product or service contained or described
on the Site or performed by us. All of the services
and products offered or provided on this Site are
provided “as is.” If you use these products
and services, you do so at your own risk. This Site
is used to advertise our products and services. The
presence of a product or service on this Site is
not an implied or express offer to sell, supply,
purchase or employ; and your use or application to
use a product or service does not constitute an acceptance
of sale, service, purchase, or employment. We reserve
the right, in our sole discretion, to refuse to enter
into any contractual agreement of sale, service,
or employment with you or any other entity. In addition,
our individual products and services carry additional
restrictions on use; and those restrictions are set
forth in written contracts governing each specific
product or service.
IX. COMPLETE AGREEMENT/SEVERABILITY. This Agreement
is the complete Agreement between you and us as it
relates to your use of this Site. This Agreement
supercedes all oral or written agreements that are
related to your use of this Site. If a court of competent
jurisdiction finds any provision of this Agreement
to be unenforceable for any reason, that provision
shall be enforced to the maximum extent permissible
so as to effect the intent of the Agreement, and
the remainder of this Agreement shall continue in
full force and effect.
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