Acceptance of Terms
License and Site Access
Users under the age of thirteen (13) are prohibited from using the Site. Provided that you are not under the age of thirteen (13), we hereby grant you a personal, non-exclusive, non-transferable, revocable license to access our Site and the information contained within the Site. You may not assign or sublicense this license. The Site and information contained within the Site may not be distributed, modified, reproduced, transmitted or used commercially in whole or in part without our written permission, except you may download one copy of the materials on this Site onto a single computer for your personal, non-commercial use. The foregoing constitutes a single copy, single use license ("License"), not a transfer of title, and is subject to the following restrictions: (a) you may not modify the materials; (b) use them for any commercial purpose; (c) display them publicly; or (d) remove any copyright or other proprietary notice from them.
Our Site contains software tools and databases that allow you to search and retrieve information. You may not: (a) sell, distribute or commercially exploit such software tools, databases or the results of any database search performed on this Site; (b) use any data mining, robots, or similar gathering and extraction tools; or (c) sell, rent, lease, lend, or transfer any services provided on this Site.
You may use our services for lawful purposes only. You may not use our services to post, transmit or otherwise distribute unlawful material. Examples of unlawful material include, but are not limited to, threats of physical harm, defamatory statements, pornographic material, and copyrighted, trademarked, and other proprietary material used without proper authorization. You may not attempt to use or distribute tools designed for compromising security or take action to compromise the security of this Site. Examples of these tools include, but are not limited to, password guessing programs, cracking tools, or network probing tools. You may not "flood" or disrupt our Site through any means or process. You are responsible for all use of our services and our Site, with or without your consent, by yourself and others, which occurs by, through, or in connection with access to our Site via your computer or any user id used to access the Site.
Copyright, Trademarks & Trade Dress.
All content included on the Site, the compilation of all content on the Site and all software used on the Site are the property of Caliber Construction, its affiliates or its content suppliers, and are protected by United States copyright laws and international treaty provisions. Except as stated herein, you may not: (a) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of the Site, including the content and/or software on the Site; (b) make any use of our trademarks and/or trade dress; (c) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of ours; or (d) use any metatags or any other "hidden text" utilizing our name or our trademarks. Alleged copyright, trademark and trade dress violations should be reported to the our webmaster in care of this Site.
We make no representations concerning, and assume no liability for, the infringing or non-infringing nature of any trademarks which appear on the Site but are not owned by us.
You may not disrupt, modify or interfere with this Site or its associated software, hardware and servers in any way, or impede or interfere with others’ use of the Site. Further, you may not alter or tamper with any information or materials on, or associated with, the Site, nor may you attempt to copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software contained on this Site or the HTML code used to generate this Site.
All material on this Site is provided for lawful purposes only. Unauthorized use of this material may violate copyright laws, trademarks laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable laws, rules or regulations, and may subject you to criminal penalties and/or civil liability.
Our Site contains various types of information originating from ourselves or third parties, including outside vendors that provide information, goods and services. We do not own or control other networks, sites, or hyperlinked sites outside of our own Site, including the outside vendors accessed through our Site.
AS THE USER OF THIS SITE, YOU ASSUME FULL RISK AND RESPONSIBILITY FOR ANY AND ALL USE OF THIS SITE, INCLUDING THE INFORMATION PRESENTED ON THE SITE. YOU AGREE TO HOLD US AND OUR AFFILIATES HARMLESS FROM ANY AND ALL CLAIMS RELATING TO YOUR USE OF, YOUR RELIANCE UPON, OR ERRORS OR OMISSIONS IN, INFORMATION FOUND ON THIS SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF REVENUE, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SERVICES, LOSS OF DATA, INTERRUPTION OR LOSS OF USE OF ANY EQUIPMENT, MENTAL ANGUISH, EMOTIONAL DISTRESS, OR INVASION OF PRIVACY, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE AND/OR THE PRODUCTS AND SERVICES PROVIDED THROUGH OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
THE SERVICES, INFORMATION AND FUNCTIONS CONTAINED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE, CONCERNING OUR SERVICES OR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE INFORMATION OR SERVICES INCLUDED ON OUR SITE, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXPRESSLY DISCLAIM LIABILITY FOR ERRORS IN OR OMISSIONS FROM SERVICES, INFORMATION OR MATERIALS. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, EXCEPT TO THE EXTENT THAT SUCH WEBSITE OR LINK IS OWNED AND OPERATED BY US OR OUR AFFILIATES.
You agree to defend, indemnify and hold us and our directors, officers, employees, agents, affiliates and successors harmless from and against any and all claims, demands, liabilities, judgments, losses, damages, costs, fees and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to your use of the Site or your acts or omissions, including but not limited to: (a) infringement or misappropriation of any intellectual property rights; (b) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; (c) spamming, or any other offensive, harassing or illegal conduct or violation of this Agreement; or (d) any damage or destruction to our Site, to us, or to other persons or parties.
We operate and control our Site from our location in the State of Arizona, United States of America. We make no representation that any information, materials or functions included on or through our Site are appropriate for use in any other jurisdiction. If you choose to access our Site from locations other than within the State of Arizona, you do so on your own initiative and are responsible for compliance with applicable laws and regulations.
No waiver; Severability
This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between you and us.