TERM AND CONDITIONS OF USE
DietzlerConstruction.com (a "Site") is a Internet property of Dietzler Construction Corporation, respectively ("Dietzler," "we," "us"). PLEASE READ THE TERMS AND CONDITIONS OF USE ("TERMS") CAREFULLY BEFORE USING THIS SITE.
THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN DIETZLER AND YOU GOVERNING YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU AND ANY ENTITY YOU ARE AUTHORIZED TO REPRESENT ("YOU" OR "YOUR") AGREE TO BE BOUND BY THESE TERMS.
DIETZLER MAY MODIFY THESE TERMS AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS ON THE SITE. CONTINUED USE OF THE SITE CONSTITUTES YOUR BINDING ACCEPTANCE OF ANY MODIFICATIONS.
THESE TERMS AND CONDITIONS CALL FOR ARBITRATION OF DISPUTES. PLEASE SEE THE "ARBITRATION" SECTION BELOW FOR DETAILS.
The Site is intended for use by persons over eighteen (18) years of age and who are residents of the United States. Persons in these categories must not disclose any information to us. Dietzler does not knowingly solicit or collect information from persons under eighteen (18) years of age or who are not United States residents. Dietzler defines "United States" as the fifty (50) states, plus U.S. territories, including the Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam.
USE OF THE SITE
Dietzler provides you with World Wide Web access to the Site, through which you may access information, data, text, software, sound, photographs, graphics, video, messages or other materials as may be posted on the Site from time to time. You are responsible for obtaining your own initial access to the world wide web by providing a computer with an internet service connection, and by complying with all requirements of the owner of the computer equipment and internet service provider. Any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these Terms.
Dietzler may change, suspend or discontinue any aspect of this Site at any time, including the availability of any feature, downloadable, software database, or content. Dietzler may also impose limits on certain features and services or restrict your access to parts or this entire Site without notice or liability.
You may use information and materials on this Site solely for informational or personal, purposes. Any copy of any page of the Site, any document posted on the Site, or any portion thereof, must include all copyright and proprietary notices in the same form and manner as on the original and may not be modified in any way. Dietzler reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Dietzler, which notice may be posted on the Site.
You may not use this Site to do any of the following:
(i) download, post, email or otherwise transmit or intentionally receive any content that is unlawful, illegal, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's right to privacy, reveals private information about another person without consent of that person, or may tend to incite others to undertake any of the foregoing activities, or violate any export or import regulations of the country of origin or receipt;
(ii) download, post, email or otherwise transmit any software virus or other computer code, files or programs designed to interrupt, destroy, limit the functionality, or cause a denial or interruption of service of any computer software or hardware or telecommunications equipment of ours or any third party, including without limitation any telecommunications network;
(iii) copy, transmit, use, broadcast, distribute or modify any information or material in violation of patent, copyright, trademark or trade secret rights of any other person;
(iv) use this Site in any manner that violates any rules or regulations imposed on you by the owner of the computer equipment or by the Internet Service Provider you have chosen to use to access this Site;
(v) violate or attempt to violate the security, efficiency, reliability, or integrity of this Site or its content in any way, including, without limitation, by accessing data, servers or accounts which you are not authorized to access, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this Site that are subject to access restrictions;
(vi) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, website, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism;
(viii) use the Site or any of its content in a manner that violates any state or federal law, or any state or federal regulation.
THIRD PARTY PROVIDERS
The Site may contain links to web sites owned by other persons or entities, or may contain content provided by other persons or entities ("Third Party Providers"), All such information provided by Dietzler is for information purposes only. The appearance of any link to a Third Party Provider should in no way be interpreted as an endorsement of such Third Party Provider or any services or information provided.
Dietzler makes no guarantees about the accuracy, currency, content, or quality of the services or information provided by such Third Party Provider, and Dietzler assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on Third Party Provider sites. You acknowledge and agree that Dietzler makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such Third Party Provider sites, services or information.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND DIETZLER, ALL INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
DIETZLER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS SITE.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, DIETZLER MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.
IN NO EVENT SHALL DIETZLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: (1) RELIANCE ON THE MATERIALS PRESENTED, (2) LOSS OF USE, DATA OR PROFITS, (3) DELAYS OR BUSINESS INTERRUPTIONS, (4) AND ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE) WHETHER OR NOT DIETZLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold Dietzler, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Dietzler reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Dietzler.
Dietzler does not want to receive confidential or proprietary information through this Site, except with respect to employment inquiries.
You also agree that Dietzler is free to use any ideas, concepts, or techniques that you send to Partick through the Site, for any purpose, including, but not limited to, developing, manufacturing, and marketing products and services that incorporate such ideas, concepts, or techniques.
LINKING TO THE SITE
Dietzler permits anyone to link to the Site subject to the linker's compliance with these Terms. A site that links to the Site:
(i) May link to, but not replicate, content contained in the Site;
(ii) Must not create a border environment or browser around content contained in the Site;
(iii) Must not present misleading or false information about Dietzler's services or products;
(iv) Must not misrepresent Dietzler's relationship with the linker;
(v) Must not imply that Dietzler is endorsing or sponsoring the linker or the linker's services or products;
(vi) Must not use Dietzler's trademarks, service marks, logos or trade dress without prior written permission from Dietzler;
(vii) Must not contain content that could be construed as obscene, libelous, defamatory, pornographic, or inappropriate for persons of all ages;
(viii) Must not contain materials that would violate any laws or applicable regulations; and
(ix) Must agree that the link may be removed at any time upon Dietzler's request pursuant to Dietzler's reserved rights to rescind its consent to allow the link.
The information on this Site is protected by copyright. Except as specifically permitted, no portion of this Site may be distributed or reproduced by any means, or in any form, without Dietzler's prior written permission. COPYRIGHT NOTICE: Copyright © 2012 Dietzler Construction Corporation. All rights reserved.
Dietzler or its affiliated companies own the following registered, pending and unregistered (common law) trademarks or service marks used on this Site : Dietzler Construction Corporation. All other trademarks are the property of their respective owners.
The absence of a mark, name or logo in these Terms does not constitute a waiver of any and all intellectual property rights that Dietzler or its affiliated companies have established in any of material, feature, marks, trade dress, trade names or logos.
Dietzler reserves all intellectual property rights, including all copyrights and trademark rights.
NOTICES, HOW TO CONTACT US
All notices to you required or permitted under these Terms may be sent to you at the last email address you submitted to Dietzler, or by regular mail to your last-submitted physical address. Notices to Dietzler shall be submitted at firstname.lastname@example.org or by mail at:
Dietzler Construction Corporation
1306 South Main Street
Torrington, Wyoming 82240
or to such other address as may be provided at this Site from time to time.
COMPLIANCE WITH COPYRIGHT AND OTHER LAWS
Dietzler does not knowingly provide links to resources, websites or other materials that violate the copyrights, trademarks, or other intellectual property rights of third parties. If you are the owner of such rights, and you object to the linking or posting of materials on the Site, send a notice to the address posted above for Notices. Please be as specific as possible with regard to your claim, and cooperate by providing any additional information requested. If you do so, Dietzler will investigate your claim promptly, and will disable or remove links or materials that Dietzler reasonably believes may violate the rights of third parties. Similarly, if you are a website owner and prefer that the Site not include a link to your site, please notify Dietzler at the address above, and Dietzler will promptly remove the link.
These Terms shall be governed and construed in accordance with the laws of the State of Illinois without giving effect to the conflict of laws principles thereof.
For details of the arbitration process, rules and costs, please see the site of the American Arbitration Association at www.adr.org,
If any provision of this agreement shall be held or made invalid or unenforceable by a court decision, statute, rule or otherwise, the remaining provisions of this agreement shall not be affected thereby.
Dietzler reserves the right to change or modify any provision of these Terms at any time in its sole and exclusive discretion. You also may be subject to additional terms and conditions that may apply when you use Third Party Provider content or third party software.
These Terms constitute the entire agreement between the parties with respect to the use of the Site or its content, any software or service, information, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.
Dietzler's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
The section titles in the Terms are for convenience only and have no legal or contractual effect.