BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU EXPRESSLY AGREE TO BE
BOUND BY ALL OF THESE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ
THEM.
Scope of Use Rights. You and your representatives are permitted to access
and use the information available through the web site only under these terms of
use and for your own internal business use.
Security. You will be solely responsible for the security,
confidentiality and integrity of all messages and the content that you receive,
transmit through or store on the web site.
Responsibility for Employees, Contractors, and Other Representatives. We
understand and agree that you may authorize your employees, contractors, and
other representatives (your "representatives") to access the web site
on your behalf. Your representatives must comply with these terms of use when
accessing or using the web site. You acknowledge and agree that you will be
liable for all of the actions of your representatives in connection with their
use of the web site, regardless of whether you have authorized them to access
and use the web site. In addition, you will be responsible for all of the
actions of your former employees, contractors, and other representatives.
Prohibited Uses. You are solely responsible for, and you agree not to
engage, and to see that your representatives do not engage, in unacceptable use
of the web site, which includes, without limitation, use of the web site to: (a)
interfere, disrupt or attempt to gain unauthorized access to the web site or any
other computer network; (b) disseminate, store or transmit viruses, trojan
horses or any other malicious code or program; or (c) engage in any other
activity deemed by us to be in conflict with the spirit or intent of these terms
of use.
Interactive Areas. You may be permitted to access and use discussion
groups, bulletin boards, mail lists, customized home pages, services and other
tools, and other forms of group electronic communications through the web site
("Interactive Areas"). If you participate in or use any Interactive
Area you are responsible for your own communications and the consequences of
posting your communications. If you choose to post material using such
Interactive Areas, you agree to do so solely for lawful purposes and in
compliance with all applicable laws. You expressly agree that we have no
responsibility for or control over the information, creations, data or material
you may post on or using these Interactive Areas. We make no representation that
your use of the Interactive Areas will comply with applicable laws or that they
were designed to comply with the applicable laws. You expressly agree that you
will not post any material that: (1) is defamatory, libelous, abusive, or
obscene, including, without limitation, material which encourages conduct that
would constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, federal, or international law; (2)
infringes on the copyright or any other proprietary right of a third party; (3)
would invade the privacy of any other person; (4) is intended to advertise to or
solicit others without our express permission; (5) constitutes charity
solicitations, chain letters or pyramid schemes; (6) contains a virus, worm,
trojan horse, time bomb, or any other harmful program or component; or (7) does
not generally pertain to the designated topic or theme of the web site. You
further expressly agree that you will not: (a) after receiving warning, continue
to post material which we have advised you not to post; (b) create a false
identity or forged e-mail address or header, or otherwise attempt to mislead
others as to the identity of the sender or the origin of the message; (c) post,
generate or disseminate so-called "spam" or mass-mailings; (d) harvest
or otherwise collect information about others, including email addresses,
without their consent; (e) interfere with or disrupt networks connected to the
web site; (f) attempt to gain unauthorized access to restricted areas of the web
site, other accounts, computer systems or networks connected to the web site,
through password mining or any other means; or (g) interfere with another user's
use and enjoyment of the web site.
We do not and are not responsible for screening or monitoring material posted by
you or any other person or entity in Interactive Areas. If notified by one of
our Users of any material that is alleged not to conform to the terms of this
Agreement, we may investigate the allegation and determine in our sole
discretion to remove or request the removal of the material. We reserve the
right to remove material that is abusive, illegal, disruptive, or that otherwise
fails to conform to this Agreement. We reserve the right to edit or delete any
material posted on our web site, regardless of whether such material violates
these standards for content. We have no liability or responsibility to you or
any other person or entity for performance or nonperformance of the screening
activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or
reliability of any of the material posted in Interactive Areas. We also do not
endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY
RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS
AT YOUR OWN RISK.
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual
license, with right to sublicense, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and
other information you submit to the Interactive Areas by all means and in any
media now known or hereafter developed for any use or purpose.
No Professional Advice. The content contained on the web site (including
instructions, guides, tips, and estimates) is offered for informational and
educational purposes only, and is not intended to be a substitute for
professional architecture, landscape architecture, engineering, design or
construction advice. You should not act upon this information without seeking
professional advice. If you act without professional advice, you assume all risk
for such actions.
We do not endorse any specific tests, products, procedures, opinions,
contractors, or other information that may be mentioned or described in this web
site. If you rely on any content obtained by you on or through this web site,
you do so solely at your own risk. You are solely responsible for compliance
with the laws and regulations applicable to your place or country of residence.
Privacy Statement. Our Privacy Statement can be found by following this
link: Privacy Statement. The Privacy Statement is incorporated herein by this
reference and made an integral part hereof.
Not Intended for Children. This web site is not intended to be used by
children. The web site itself is intended to be used by adults. If you are under
18 years of age, you may use this web site only with the involvement of a parent
or guardian. We do not collect personally identifiable information from any
person we actually know is a child under the age of 13.
Advertisements and Links to Other Web sites. Any link (including a
hyperlink, button or referral device of any kind) used on this web site is
provided for your use and convenience. The appearance of a link on this web site
does not constitute an endorsement, recommendation or certification by us, nor
should the presence of a link in any way be construed as a suggestion that any
third-party web site has any relationship with us. We are not responsible for
the content of linked third-party web sites or third-party advertisements, and
do not make any representations regarding their content or accuracy. We do not
endorse any product, service, or service provider that may be advertised on our
web site.
Links to Our Web site; Advertising. Links into our web site must be by
prior written approval of the
Kloke Group.
No other links into our web site are
permitted.
Termination. We reserve the right, in our sole discretion and without
notice, at any time and for any reason, to remove or disable access to all or
any portion of the web site and to suspend your access to or use of all or any
portion of the web site.
Disclaimer of Warranties. THE WEB SITE AND ITS CONTENTS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE
WEB SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE WEB SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT
MAY BE OBTAINED BY USE OF THE WEB SITE. WE DO NOT WARRANT THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF THE INFORMATION CONTAINED IN THE WEB SITE. WE
MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE WEB
SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU
OR ANY OTHER PERSON FOR ANY LOSS OR INJURY, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS
AGREEMENT, THE WEB SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT
LIMITATION, YOUR USE OR INABILITY TO USE THE WEB SITE, ANY CHANGES TO OR
INACCESSIBILITY OF THE WEB SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR
ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR
NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEB
SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB
SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR
OTHERWISE, AND EVEN IF WE KNEW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL
BE FOR YOU TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT.
Ownership and Use of Content. All of our web site design, text, graphics
and the selection and arrangement thereof are protected by copyrights of
The Kloke Group; © 2006 Kloke Group, Inc. All Rights Reserved.
This web site, including but not limited to its contents, is protected by the
copyright laws of the United States and foreign countries. Title to the content
is owned by us or our licensors, and all use thereof inures to the benefit of us
or our licensors. You may download and print a single copy of the content solely
for your internal business purposes and not for any commercial purpose or use,
provided that such content must not be altered in any way and must contain all
copyright and proprietary rights notices that accompany such content. All rights
not expressly granted herein are reserved to us and our licensors. You agree
that you will not upload or transmit any content of any type that infringes or
violates the rights of anyone. The web site and any portion thereof may never be
used by anyone to create or re-create a similar or competing web site. Any use
of the content not expressly permitted by these terms of use is a breach of
these terms of use and may violate copyright, trademark and other laws. ANY
UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT
INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR
UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND
TREATIES.
Indemnification. You agree to indemnify, hold harmless and defend us and
our shareholders, directors, officers, employees and agents from and against any
action, cause, claim, damage, debt, demand or liability, including reasonable
costs and attorney's fees, asserted by any person, arising out of or relating
to: (a) these terms of use; (b) your use of the web site, including any data or
work transmitted or received by you; and (c) any unacceptable use of the web
site.
No Extraterritoriality. We are based in Richmond, Virginia, in the United
States of America. We make no claims that the web site is appropriate for, or
may be accessed or downloaded by, persons residing outside of the United States
of America. Access to our web site and its content may not be legal by certain
persons in certain countries. If you access this web site from outside the
United States of America, you do so at your own risk and are responsible for
compliance with the laws of your jurisdiction.
Miscellaneous. We will have the right, at any time and without notice, to
add to or modify these terms of use simply by posting such amended terms on this
web site. You consent to the modification of these terms of use in this manner.
Your access to or use of the web site after the date such amended terms are
posted shall be deemed to constitute acceptance of such amended terms.
These terms of use are made in and shall be governed by the laws of the State of
Virginia, including, without limitation, the Virginia Uniform Computer
Information Transactions Act and the Virginia Uniform Electronic Transactions
Act, without reference to conflicts of laws.
All actions, claims or disputes arising under or relating to these terms of use
shall be brought in the federal or state courts in Richmond, Virginia. You
irrevocably submit and consent to the exercise of subject matter jurisdiction
and personal jurisdiction by these courts.
If we sue you to enforce these terms of use and prevail, then we will be
entitled to reasonable fees of attorneys, accountants, and other professionals,
and costs and expenses in addition to any other relief to which we may be
entitled.
The terms and provisions of the sections regarding "Responsibility for
Employees, Contractors, and Other Representatives," "Disclaimer of
Warranties," "Limitation of Liability,"
"Indemnification," and "Miscellaneous" shall survive any
termination or expiration of this Agreement.
These terms of use constitute the complete and exclusive statement of the
agreement between you and us with respect to the web site and supersedes any and
all prior or contemporaneous communications, representations, statements and
understandings, whether oral or written, between you and us concerning the web
site.
The waiver by us of a breach of any provision of these terms of use shall not
operate or be construed as a waiver of any other or a subsequent breach of the
same or a different kind. If any provision of these terms of use shall be held
by a court of competent jurisdiction to be contrary to law, the remaining
provisions of these terms of use shall remain in full force and effect.
Thank you for using our web site. We hope you find it helpful and convenient to
use! Questions or comments regarding this web site should be directed by
electronic mail to
webmaster@kloke.com
or by U.S. Mail.