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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.
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