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Legal Conditions and Terms Of Use

K. Berger Construction, Inc. and Specialty Repair and Remodeling collectively  referred to as "Owner" maintains and operates this web site, (herinafter "the Site" or "Site") for the use of it's prospective customers and for informational purposes.

INFORMATION AND DOCUMENTS

By using the Site or information hereinafter ("content"), you agree to be bound by the Legal Conditions set forth in this notice. If you do not wish to be bound by these Legal Conditions, leave the site immediately, and do not use this Site.

CHOICE OF LAW AND JURISDICTION

The Site and the content contained in it shall be deemed to be provided in the state of Alabama,  in the United States of America and you agree that the law governing these Legal Conditions or your use of the Site shall be the laws of the state of Alabama, without regard to any principles of conflicts of law. You further agree that any disputes arising under these Legal Conditions or from your use of the Site shall be submitted exclusively to the courts in Mobile County, Alabama and that you will not assert jurisdiction in any other court or tribunal anywhere in the world. Owner makes no representation that the content in this Site is appropriate or available for use at locations outside our limited trade area in the United States.

TRADEMARKS

The Site contains many Owner and third-party trademarks and service marks. The name "K. Berger Construction, Inc." as well as "K. Berger", and "Specialty Repair & Remodeling"  and "Berger" and "Berger Restoration"  are all trademarks of Owner, and use by any party for any purpose will be prosecuted. All third party trademarks are the property of their respective companies. All rights in the intellectual property contained in this Site including copyright, trademarks, trade secrets and patent rights are reserved by Owner. Access to this Site does not constitute a right to copy or use any of the intellectual property of Owner or any other party who's intellectual property is contained herein. All materials contained on the Site are subject to the ownership rights of Owner and other referenced parties. Owner hereby prohibits you from making any copy of the content herein for your use for any purpose, other than your use of downloadable forms if you are a paying customer of Owner. No permission is otherwise granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Content contained on this Site.

COPYRIGHTS

All content contained in the Site is copyrighted by Owner, and all rights are reserved by Owner. You are expressly forbidden from copying any content on the Site for use on another site, or use for any purpose or reason. You agree by use of the Site, that should you copy any Content from herein, that you are infringing on such copyrights held by Owner, and that you are aware that you will be prosecuted for copyright infringement should you do so. The business concept of Owner, including it's services listed, type of clients identified herein, and the nature of the services offered by Owner further constitute copyrighted trade secrets of Owner, and may not be duplicated by any other person or entity in a fashion that resembles the business concept of Owner as presented herein. The Site contains numerous original images created by Owner, which are owned and copyrighted by Owner. Also contained in this site are images utilized by Owner, which are owned and copyrighted by the respective companies represented by the images. Also included on this Site are some images that are considered "public domain" images, determined by their observed location on multiple other public access web sites, lack of copyright notices, and lack of information concerning ownership. Most of these types of images have been heavily altered by Owner, therby now constituting original images owned by Owner.  The above notwithstanding, Owner has no intent to, nor any knowledge that it has in any way infringed on any copyright of any other party by use of such images. If you are an original author of any image found on this Site, and can prove with physcial documentation (ie: registered trademarks, copyrights, and copies of original image file showing original creation date that has not been altered)  that you created and own the original image and that it is copyrighted, upon receipt of such proof of creation and ownership, Owner of this site will remove the image in question from the Site. Simply contact us using the email address provided on the site for our Mobile, AL office, and we will make contact with you and discuss your claim. By your use of this site, you agree that no infringement of any copyright has been committed by Owner, and that therefore, the sole remedy to you is limited to removal of the image, and by use of the site you also agree to hold Owner harmless from any claims of infringement. By your use of the site, you also agree that you must prove ownership in the manner described above before Owner will remove such image. Satisfactory proof of copyright shall be deemed to be: Your name, description of the alleged copyrighted image and URL address of the original site that your image appears on, electronic copies of the image file showing creation date, or written and registerd copyright documents proving your copyright on the image filed with the United States Copyright Office, or the official copyright office of any other country.

THIRD PARTY SITES

As a convenience to you, Owner has provided links on the Site to otherweb sites operated by other entities, but makes no warranty or representation whatsoever about any linked site and does not imply an affiliation or association with any such site. If you visit or use a linked site, you do so at your own risk.

DISCLAIMERS

ALL INFORMATION ON, DISTRIBUTED THROUGH OR ACCESSIBLE FROM, THE SITE OR DIRECTLY THOUGH ANY REPRESENTATIVE OF ONWER, REPRESENTS ONLY THE PROFESSIONAL OPINION OF OWNER, AND IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU ARE HEREBY PROHIBITED FROM USING THIS WEB SITE, AND FROM RECEIVING ANY SERVICES FROM OWNER, IN ANY JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IT IS YOUR RESPONSIBILITY TO VERIFY WHETHER OR NOT YOUR JURISDICTION ALLOWS THE EXCLUSION OF IMPLIED WARRANTIES. NOTWITHSTANDING THE ABOVE, BY YOUR USE OF THE SITE, OR BY YOUR REQUESTING AND RECEIVING SERVICES FROM OWNER, YOU HEREBY RELEASE OWNER AND IT'S REPRESENTATIVES OF ANY LIABILITY WHATSOEVER IN CONNECTION WITH THE SERVICES PROVIDED BY OWNER, INCLUDING BUT NOT LIMITED TO IT'S ESTIMATES, OPINIONS, AND ADVICE. YOU AGREE TO INDEMNIFY AND HOLD OWNER AND ANY OF IT'S REPRESENTATIVES OR ASSIGNS HARMLESS FROM ANY CLAIM OF LIABILITY OR CAUSE OF ACTION. OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT DISPLAYED OR DISTRIBUTED THROUGH THE SITE OR DIRECTLY THROUGH IT'S ESTIMATES AND OPINIONS, AND YOUR RELIANCE ON ANY SUCH MATERIALS, ESTIMATES, OPINIONS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. OWNER SHALL NOT BE LIABLE FOR ANY DAMAGES TO, INCLUDING ANY DAMAGES FROM VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY BY VIRTUE OF YOUR ACCESS TO THE SITE OR YOUR COPYING OF ANY MATERIALS THEREFROM, WHICH IS EXPRESSLY PROHIBITED.

LIMITATION OF DAMAGES

IN NO EVENT SHALL OWNER BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM ANY CAUSE OF ACTION OR CLAIMS OF DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION UNDER THE THEORIES OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY CONTENT ON OR ACCESSED THROUGH THE SITE, OR ANY INFORMATION OR SERVICES PROVIDED TO YOU BY OWNER.

LIMITED LICENSE

By your acceptance of the Legal Conditions contained herein: you agree not to link, hot link, deep link, frame link, or in any way link to the Site from any other site, or provide a link to the Site for any purpose whatsoever, without first obtaining from Owner, the express written permission of Owner, and Owner grants you such permission.  Such permission will ONLY be to establish a link to view content only on the Site, provided that (a) the Content is not publicly displayed, publicly distributed, or modified in any way and that (b) no Content is copied or used by you for any other purpose, and (c) any use of the Content is for informational use only.

INFORMATION PROVIDED BY YOU

Do not send any confidential or proprietary information to the Site.  You agree that any information you so send, is not considered confidential or proprietary and you grant Owner an unrestricted, irrevocable, worldwide, royalty free license to use, reproduce and distribute any such information.

CHANGES 

Owner reserves the right to change these Legal Conditions at any time. Any such changes or modifications will be effective immediately when such changed or modified Legal Conditions are posted here on the Site. Your use of the Site after the modified or changed Legal Conditions are posted shall be your acceptance of such modified or changed Legal Conditions. From time to time, you should review the Legal Conditions posted on the Site to see the then current Legal Conditions.


 

PRIVACY STATEMENT
All content Copyright © 2011-2012 K. Berger Construction, Inc., Specialty Repair & Remodeling, Inc.. All rights reserved.