©
2009 A.P. Construction Company Disclaimer:
We obtained the information herein from sources we believe to
be reliable. However, we have not verified its accuracy and make
no guarantee, warranty or representation about it. It is submitted
subject to the possibility of errors, omissions, change of price,
rental or other conditions, prior sale, lease or financing, or
withdrawal without notice. We include projections, opinions,
assumptions or estimates for example only, and they may not represent
current or future performance of the property. You and your tax
and legal advisors should conduct your own investigation of the
property and transaction.
Terms
of Use
(Effective
as of January 1, 2009)
Please Read Carefully
This A.P.
Construction Company Terms of Use agreement (this “agreement”)
is a legal agreement between you and A.P. Construction Company,
Inc. (“A.P. Construction Company”, “we”, “us” or “our”)
providing, among other things, the terms and conditions for
your use of our web site accessible at http://www.apconst.com (the “site”).
We may
from time to time modify these Terms of Use and will post
a copy of the amended agreement at http://www.apconst.com/disclaimer.html.
If you do not agree to, or cannot comply with, the agreement
as amended, you should not use the site. You will be deemed
to have accepted the agreement as amended if you continue
to use the site after any amendments are posted on the site.
This agreement
contains warranty and liability disclaimers. By using this
site, you accept and agree to the terms and conditions of
this agreement without any reservations, modifications, additions,
or deletions. If you do not agree to the Terms of Use contained
in this agreement, you are not authorized to use the site.
You may be denied access to the site, with or without prior
notice to you if you do not comply with any provision of
this agreement.
1.
License to use the site
1.1 Grant
of license. A.P. Construction Company grants to you a limited,
non-exclusive, non-transferable license to access and use
the site in accordance with the terms and conditions set
forth in this agreement. A.P. Construction Company reserves all
right, title and interest not expressly granted under this
license to the fullest extent possible under applicable laws.
Any use of the site not specifically permitted under this
agreement is strictly prohibited.
1.2 Restrictions.
You agree that you will not: (i) use the site to reproduce,
transmit, display or distribute copyrighted material in any
medium or via any method without A.P. Construction Company’ express
written permission; (ii) copy, store, edit, change, prepare
any derivative work of or alter in any way any of the content
provided on this site; or (iii) use our site in any way that
violates the terms of this agreement. The site is owned by
A.P. Construction Company and is protected by united states copyright
laws and international treaty provisions. You will not sublicense,
assign, or transfer the license granted to you under this
agreement. Any attempt to sublicense, assign, or transfer
any of the rights, duties, or obligations in violation of
the provisions of this agreement is void.
2.
Other restrictions
You agree that you will not:
(a) impersonate any person or entity or misrepresent your
affiliation with any other person or entity; (b) engage
in spamming, flooding, harvesting of e-mail addresses or
other personal information, spidering, screen scraping,
database scraping, or any other activity with the purpose
of obtaining lists of users or any other information, including
specifically, property listings available through the site;
(c) send chain letters or pyramid schemes via the site;
or (d) attempt to gain unauthorized access to other computer
systems through the site. You agree that you will not use
the site in any manner that could damage, disable, overburden,
or impair the site or interfere with any other party's
use and enjoyment of the site.
3.
Copyrights and other intellectual property
As
between you and A.P. Construction Company, you acknowledge that
A.P. Construction Company owns or has a license to all title
and copyrights in and to the content provided on this site.
All title and intellectual property rights in and to any
licensed content provided on this site is the property
of the respective content owners and may be protected by
applicable copyright or other intellectual property laws
and treaties and subject to use restrictions under such
laws or treaties.
4.
Trademarks and third-party trademarks
The following
are registered trademarks or trademarks of A.P. Construction Company: A.P. Construction Company and its design logo, as well
as certain other A.P. Construction Company trademarks, service
marks, graphics, and logos (collectively, the “A.P. Construction Company trademarks”) used in connection
with A.P. Construction Company’ provision of products
and services. The site may contain third-party trademarks,
service marks, graphics, and logos. You are not granted
any right or license with respect to the A.P. Construction Company
trademarks or the trademarks of any third party.
5.
Privacy policy
Unless otherwise addressed in
this agreement, your use of this site is subject to A.P. Construction Company's privacy policy, which is incorporated
by reference and made a part of this agreement. It is important
that you read and understand the terms of A.P. Construction Company's privacy policy. A.P. Construction Company may cooperate
with and disclose information (including your account information)
to any authority, government official or third-party, without
giving any notice to you, in connection with any investigation,
proceeding or claim arising from an asserted illegal action
or infringement whether related or unrelated to your use
or misuse of this site.
6.
Submissions or other information
If you submit
to us or post on the site any property listing, testimonial,
comment, review, suggestion or any work of authorship (collectively
a “submission”) including, without limitation,
submissions about any of our products or services, such
submission will not be confidential or secret, and may
be used by us in any manner. Please do not submit or send
any submission to us that you consider contains confidential
or proprietary information. No submission sent to us will
be considered or treated as confidential information. We
do not pre-screen submissions and we will have no obligation
to read any particular submission submitted or sent to
us. By submitting or sending a submission to us, you: (i)
represent and warrant that the submission is original to
you, that no other party has any rights thereto, and that
any “moral rights” in such submission have
been waived, and (ii) you grant us a royalty-free, unrestricted,
worldwide, perpetual, irrevocable, non-exclusive and fully
transferable, assignable and sub licensable right and license
to use, reproduce, publish, distribute, display, translate,
summarize, modify and adapt such submission (in whole or
part) and/or to incorporate it in other works in any form,
media, or technology now known or later developed, in our
sole discretion, with or without your name.
7.
Term
This agreement will remain effective until
terminated by you or terminated by us.
8.
Disclaimers
8.1 The
site (including all of its content) is provided to you
“as is.” Any use of this site is at your own risk.
To the maximum extent permitted by applicable law, A.P. Construction Company disclaims all warranties, either express or implied,
including, but not limited to, implied warranties of merchantability,
fitness for a particular purpose, title and non-infringement.
A.P. Construction Company makes no representations, warranties or
guarantees that this site will be free from loss, destruction,
damage, corruption, attack, viruses, interference, hacking,
or other security intrusion, and A.P. Construction Company disclaims
any liability relating thereto.
8.2 A.P. Construction Company makes no representations, warranties or
guarantees that use or results of the use of the site (including
all of its content) is or will be accurate, reliable, current,
uninterrupted or without errors. Without prior notice, A.P. Construction Company may modify, suspend, or discontinue any
aspect or feature of this site or your use of this site.
If A.P. Construction Company elects to modify, suspend, or discontinue
the site, it will not be liable to you or any third party.
8.3 All
property listing information contained within this site is
subject to the possibility of errors, omissions, change of
price, rental or other conditions, prior sale, lease or financing,
or withdrawal without notice. Any projections, opinions,
assumptions or estimates contained within this site are for
example only, and such projections, opinions, assumptions
or estimates may not represent current or future performance
of a listed property. No party shall have any right to rely
upon any information or data contained in this site and shall
rely solely upon its own separate investigation and diligence
or independently obtained.
8.4 You
acknowledge that your submission of any information to us
is at your own risk. A.P. Construction Company does not assume
any liability to you with regard to any loss or liability
relating to such information in any way.
9.
Limitation of liability
In no event will A.P. Construction Company be liable to you for indirect, general,
special, incidental, consequential, exemplary or other
damages (including, without limitation, damages for loss
of profits, business interruption, corruption of files,
loss of business information or any other pecuniary loss)
even if A.P. Construction Company has been advised of the possibility
of such damages. No oral or written information or advice
given by A.P. Construction Company or others will create a warranty
and neither you nor any third party may rely on any such
information or advice. Some jurisdictions do not allow
the exclusion of implied warranties or limitation or exclusion
of liability for incidental or consequential damages, so
the above exclusions and limitations may or may not apply
to you.
10.
Indemnity
You will indemnify and hold A.P. Construction Company, its directors, officers, employees, affiliates,
agents, contractors, and licensors harmless with respect
to any suits or claims arising out of (i) your breach of
this agreement, including, but not limited to, any infringement
by you of the copyright or intellectual property rights
of any third party; or (ii) your use or misuse of the site.
11.
General
11.1 You
will be responsible for providing the dial-up, dsl, cable
modem or other form of internet access and any other hardware
and software necessary to access and use the site.
11.2 This
agreement will be governed by the laws of the state of Connecticut.
The exclusive jurisdiction for any claim, action or dispute
with A.P. Construction Company or relating in any way to your
use of the site will be in the state and federal courts of
the state of Connecticut and the venue for the adjudication
or disposition of any such claim, action or dispute will
be in Connecticut.
11.3 A.P. Construction Company may send notices to you with respect to
your use of the site by sending an email message to the email
address listed in your account information, by sending a
letter via u.s. mail to the contact address listed in your
account information, or by a posting a note on the site when
you access your account. You agree that we may provide notice
to you through such means. Unless otherwise stated in the
notices, the notices will become effective immediately.
11.4 General
contact information. For questions regarding this site or
your use of this site, please email us at info@apconst.com,
or call 203-359-4704.
You acknowledge
that you have read this agreement, understand it and will
be bound by its terms and conditions. You further acknowledge
that this agreement represents the complete and exclusive
statement of the agreement between us and that it supersedes
any proposal or prior agreement oral or written, and any
other communications between us relating to the subject matter
of this agreement. |