Last Updated: 09/04/2023.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU
HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS
INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE
USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY
AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR
USE OUR SITE OR OUR SERVICES. The present terms and conditions (this
“Agreement” or “Terms”) is a legal agreement between you and Donelson
Construction Company, LLC. (hereinafter “Donelson Construction”), a
company duly organized and validly existing, located at 1075 Wise Hill
Rd, Clever, Missouri 65631. This Agreement annuls and voids all
previous agreements.
OVERVIEW
The Site (DonelsonConstruction.net) is operated by Donelson
Construction. Throughout the Site, the terms “we”, “us” and “our”
refer to Donelson Construction. Donelson Construction offers this
Site, including all information, tools and services available from
this Site to you, the user, conditioned upon your acceptance of all
terms, conditions, policies and notices stated here. By visiting our
Site and/or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions, including
those additional terms and conditions and policies referenced herein
and/or available by hyperlink. These Terms apply to all users of the
Site, including without limitation users who are browsers, vendors,
customers, merchants, and/or contributors of content. In the event of
an inconsistency between this Agreement and any additional terms or
policies referenced herein, the provisions of the additional terms or
policies shall control. Please read these Terms carefully before
accessing or using our Site. By accessing or using any part of the
Site, you agree to be bound by these Terms. If you do not agree to all
the Terms of this Agreement, then you may not access the Site or use
any Service. If these Terms are considered an offer, acceptance is
expressly limited to these Terms. Any new features or tools which are
added to the current store shall also be subject to the Terms. You can
review the most current version of the Terms at any time on this page.
We reserve the right to update, change or replace any part of these
Terms by posting updates and/or changes to our Site. It is your
responsibility to check this page periodically for changes. Your
continued use of or access to the Site following the posting of any
changes constitutes acceptance of those changes.
SECTION 1
– GENERAL TERMS By agreeing to these Terms, you represent that you are
at least the age of majority in your state or province of residence,
or that you are the age of majority in your state or province of
residence and you have given us your consent to allow any of your
minor dependents to use this Site. You may not use our products or
Site for any illegal or unauthorized purpose nor may you, in the use
of our products or Site, violate any laws in your jurisdiction
(including but not limited to motor vehicle laws). You must not
transmit any worms or viruses or any code of a destructive nature. A
breach or violation of any of the Terms will result in an immediate
termination of your account and right to use our Service. We have the
right, but not the obligation, to take any of the following actions in
our sole discretion at any time and for any reason without giving you
any prior notice: 1. Restrict, suspend or terminate your access to all
or any part of our Site; 2. Change, suspend or discontinue all or any
part of our products or Site; 3. Refuse, move, or remove any content
that is available on all or any part of our Site; 4. Deactivate or
delete your accounts; 5. Establish general practices and limits
concerning use of our Site. You agree that we will not be liable to
you or any third party for taking any of these actions. You understand
and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note
that you cannot opt out of receiving these notices. You understand
that your content (not including credit card information), may be
transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices. Credit card
information is always encrypted during transfer over networks. You
agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Site, use of the Site, or access to the Site or any
contact on the Site, without express written permission by us. You may
not modify, publish, transmit, reverse engineer, participate in the
transfer or sale, create derivative works, or in any way exploit any
of the content, in whole or in part, found on the Site. Donelson
Construction content is not for resale. Use of the Site does not
entitle users to make any unauthorized use of any protected content,
and in particular you will not delete or alter any proprietary rights
or attribution notices in any content. You will use protected content
solely for your personal use, and will make no other use of the
content without the express written permission of Donelson
Construction and the copyright owner. You agree that you do not
acquire any ownership rights in any protected content. We do not grant
you any licenses, express or implied, to the intellectual property of
Donelson Construction or our licensors except as expressly authorized
by these Terms.
SECTION 2 – CREATING AN ACCOUNT Once you
create an account with us, you are registered on the Donelson
Construction Site. The terms “member,” “membership,” and “account” all
refer to this registration as a member on Donelson Construction’s
Site. If you are merely surfing or browsing through the Site and have
not yet created an account, your use of the Site is still subject to
this Agreement; if you do not agree to this Agreement, do not use the
Site. When you create an account, you will provide a unique username
and email. We will also ask you to create a password. Because any
activities that occur under your username or password are your
responsibility it is important for you to keep your username and/or
password secure. You may not assign or otherwise transfer your account
to any other person or entity. You acknowledge that Donelson
Construction is not responsible for third party access to your account
that results from theft or misappropriation of your account. Notify us
immediately if you believe that someone has used your username, email,
or password without your authorization. Furthermore, the registering
party hereby acknowledges, understands and agrees to: a) furnish
factual, correct, current and complete information with regards to
yourself as may be requested by the data registration process, and b)
maintain and promptly update your registration and profile information
in an effort to maintain accuracy and completeness at all times. If
anyone knowingly provides any information of a false, untrue,
inaccurate or incomplete nature, Donelson Construction Company, LLC.
will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such
refuse any and all current or future use of Donelson Construction
Company, LLC. Services, or any portion thereof.
SECTION 3
– CONDUCT As a user or member of the Site, you herein acknowledge,
understand and agree that all information, text, software, data,
photographs, music, video, messages, tags or any other content,
whether it is publicly or privately posted and/or transmitted, is the
expressed sole responsibility of the individual from whom the content
originated. In short, this means that you are solely responsible for
any and all content posted, uploaded, emailed, transmitted or
otherwise made available by way of the Donelson Construction Services,
and as such, we do not guarantee the accuracy, integrity or quality of
such content. It is expressly understood that by use of our Services,
you may be exposed to content including, but not limited to, any
errors or omissions in any content posted, and/or any loss or damage
of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by Donelson
Construction. Furthermore, you herein agree not to make use of
Donelson Construction Company, LLC.’s Services for the purpose of: a)
uploading, posting, emailing, transmitting, or otherwise making
available any content that shall be deemed unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar,
obscene, libelous, or invasive of another’s privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable; b)
causing harm to minors in any manner whatsoever; c) impersonating any
individual or entity, including, but not limited to, any Donelson
Construction officials, forum leaders, guides or hosts or falsely
stating or otherwise misrepresenting any affiliation with an
individual or entity; d) forging captions, headings or titles or
otherwise offering any content that you personally have no right to
pursuant to any law nor having any contractual or fiduciary
relationship with; e) uploading, posting, emailing, transmitting or
otherwise offering any such content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights
of any other party; f) uploading, posting, emailing, transmitting or
otherwise offering any content that you do not personally have any
right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship; g) uploading, posting,
emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or
any other form of solicitation, except in any such areas that may have
been designated for such purpose; h) uploading, posting, emailing,
transmitting, or otherwise offering any source that may contain a
software virus or other computer code, any files and/or programs which
have been designed to interfere, destroy and/or limit the operation of
any computer software, hardware, or telecommunication equipment; i)
disrupting the normal flow of communication, or otherwise acting in
any manner that would negatively affect other users’ ability to
participate in any real time interactions; j) interfering with or
disrupting any Donelson Construction Company, LLC.Services, servers
and/or networks that may be connected or related to our website,
including, but not limited to, the use of any device software and/or
routine to bypass the robot exclusion headers; k) intentionally or
unintentionally violating any local, state, federal, national or
international law, including, but not limited to, rules, guidelines,
and/or regulations decreed by the U.S. Securities and Exchange
Commission, in addition to any rules of any nation or other securities
exchange, that would include without limitation, the New York Stock
Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations having the force of law; l) providing informational
support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United
States government as a “foreign terrorist organization” in accordance
to Section 219 of the Immigration Nationality Act; m) “stalking” or
with the intent to otherwise harass another individual; and/or n)
collecting or storing of any personal data relating to any other
member or user in connection with the prohibited conduct and/or
activities which have been set forth in the aforementioned paragraphs.
Donelson Construction Company, LLC. herein reserves the right to
pre-screen, refuse and/or delete any content currently available
through our Services. In addition, we reserve the right to remove
and/or delete any such content that would violate the Terms or which
would otherwise be considered offensive to other visitors, users
and/or members. Donelson Construction Company, LLC. herein reserves
the right to access, preserve and/or disclose member account
information and/or content if it is requested to do so by law or in
good faith belief that any such action is deemed reasonably necessary
for: a) compliance with any legal process; b) enforcement of the
Terms; c) responding to any claim that therein contained content is in
violation of the rights of any third party; d) responding to requests
for customer service; or e) protecting the rights, property or the
personal safety of Donelson Construction Company, LLC., its visitors,
users and members, including the general public. Donelson Construction
Company, LLC. herein reserves the right to include the use of security
components that may permit digital information or material to be
protected, and that such use of information and/or material is subject
to usage guidelines and regulations established by Donelson
Construction Company, LLC. or any other content providers supplying
content services to Donelson Construction Company, LLC.. You are
hereby prohibited from making any attempt to override or circumvent
any of the embedded usage rules in our Services. Furthermore,
unauthorized reproduction, publication, distribution, or exhibition of
any information or materials supplied by our Services, despite whether
done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE Due to
the global nature of the internet, through the use of our network you
hereby agree to comply with all local rules relating to online conduct
and that which is considered acceptable content. Uploading, posting
and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and
possibly other countries. Through the use of our network, you thus
agree to comply with all applicable export and import laws, statutes
and regulations, including, but not limited to, the Export
Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States
(http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you: a) are not on the list of
prohibited individuals which may be identified on any government
export exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor
a member of any other government which may be part of an
export-prohibited country identified in applicable export and import
laws and regulations; b) agree not to transfer any software,
technology or any other technical data through the use of our network
Services to any export-prohibited country; c) agree not to use our
website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S.
export laws; and d) agree not to post, transfer nor upload any
software, technology or any other technical data which would be in
violation of the U.S. or other applicable export and/or import laws.
SECTION 5 – SUBMITTED CONTENT Donelson Construction
Company, LLC. shall not lay claim to ownership of any content
submitted by any visitor, member, or user, nor make such content
available for inclusion on our website Services. Therefore, you hereby
grant and allow for Donelson Construction Company, LLC. the below
listed worldwide, royalty-free and non-exclusive licenses, as
applicable: a) The content submitted or made available for inclusion
on the publicly accessible areas of Donelson Construction Company,
LLC.’s Sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services is for the sole purpose of
providing and promoting the specific area to which this content was
placed and/or made available for viewing. This license shall be
available so long as you are a member of Donelson Construction
Company, LLC.’s sites, and shall terminate at such time when you elect
to discontinue your membership. b) Photos, audio, video and/or
graphics submitted or made available for inclusion on the publicly
accessible areas of Donelson Construction Company, LLC.’s sites, the
license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our
network Services are for the sole purpose of providing and promoting
the specific area in which this content was placed and/or made
available for viewing. This license shall be available so long as you
are a member of Donelson Construction Company, LLC.’s sites and shall
terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on
the publicly accessible areas of Donelson Construction Company, LLC.’s
sites, the continuous, binding and completely sub-licensable license
which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said
content, whether in whole or in part, and the incorporation of any
such Content into other works in any arrangement or medium current
used or later developed. Those areas which may be deemed “publicly
accessible” areas of Donelson Construction Company, LLC.’s Sites are
those such areas of our network properties which are meant to be
available to the general public, and which would include message
boards and groups that are openly available to both users and members.
However, those areas which are not open to the public, and thus
available to members only, would include our mail system and instant
messaging. CONTRIBUTIONS TO COMPANY WEBSITE Donelson Construction
Company, LLC. may provide an area for our user and members to
contribute feedback to our website. When you submit ideas, documents,
suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that: a) your contributions do not contain any
type of confidential or proprietary information; b) Donelson
Construction shall not be liable or under any obligation to ensure or
maintain confidentiality, expressed or implied, related to any
Contributions; c ) Donelson Construction shall be entitled to make use
of and/or disclose any such Contributions in any such manner as they
may see fit; d) the contributor’s Contributions shall automatically
become the sole property of Donelson Construction; and e) Donelson
Construction is under no obligation to either compensate or provide
any form of reimbursement in any manner or nature.
SECTION
6 – INDEMNITY All users and/or members agree to insure and hold
Donelson Construction Company, LLC., our subsidiaries, affiliates,
agents, employees, officers, partners and/or licensors blameless or
not liable for any claim or demand, which may include, but is not
limited to, reasonable attorney fees made by any third party which may
arise from any content a member or user of our Site may submit, post,
modify, transmit or otherwise make available through our Services, the
use of Donelson Construction Services or your connection with these
Services, your violations of the Terms of Service and/or your
violation of any such rights of another person.
SECTION 7
– COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to
replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Donelson
Construction’s sites.
SECTION 8 – MODIFICATIONS Donelson
Construction Company, LLC. reserves the right at any time it may deem
fit, to modify, alter and or discontinue, whether temporarily or
permanently, our service, or any part thereof, with or without prior
notice. In addition, we shall not be held liable to you or to any
third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
SECTION 9 – TERMINATION As a member of
DonelsonConstruction.net, you may cancel or terminate your account,
associated email address and/or access to our Services by submitting a
cancellation or termination request to . As a member, you agree that
Donelson Construction Company, LLC. may, without any prior written
notice, immediately suspend, terminate, discontinue and/or limit your
account, any email associated with your account, and access to any of
our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not
limited to: a) any breach or violation of our Terms or any other
incorporated agreement, regulation and/or guideline; b) by way of
requests from law enforcement or any other governmental agencies; c)
the discontinuance, alteration and/or material modification to our
Services, or any part thereof; d) unexpected technical or security
issues and/or problems; e) any extended periods of inactivity; f) any
engagement by you in any fraudulent or illegal activities; and/or g)
the nonpayment of any associated fees that may be owed by you in
connection with your DonelsonConstruction.net account Services.
Furthermore, you herein agree that any and all terminations,
suspensions, discontinuances, and or limitations of access for cause
shall be made at our sole discretion and that we shall not be liable
to you or any other third party with regards to the termination of
your account, associated email address and/or access to any of our
Services. The termination of your account with
DonelsonConstruction.net shall include any and/or all of the
following: a) the removal of any access to all or part of the Services
offered within DonelsonConstruction.net; b) the deletion of your
password and any and all related information, files, and any such
content that may be associated with or inside your account, or any
part thereof; and c) the barring of any further use of all or part of
our Services.
SECTION 10 – LINKS Either Donelson
Construction Company, LLC. or any third parties may provide links to
other websites and/or resources. Thus, you acknowledge and agree that
we are not responsible for the availability of any such external sites
or resources, and as such, we do not endorse nor are we responsible or
liable for any content, products, advertising or any other materials,
on or available from such third-party sites or resources. Furthermore,
you acknowledge and agree that Donelson Construction Company, LLC.
shall not be responsible or liable, directly or indirectly, for any
such damage or loss which may be a result of, caused or allegedly to
be caused by or in connection with the use of or the reliance on any
such content, goods or Services made available on or through any such
site or resource.
SECTION 11 – PROPRIETARY RIGHTS You do
hereby acknowledge and agree that Donelson Construction Company,
LLC.’s Services and any essential software that may be used in
connection with our Services (“Software”) shall contain proprietary
and confidential material that is protected by applicable intellectual
property rights and other laws. Furthermore, you herein acknowledge
and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or
by advertisers is protected by copyrights, trademarks, patents or
other proprietary rights and laws. Therefore, except for that which is
expressly permitted by applicable law or as authorized by Donelson
Construction Company, LLC. or such applicable licensor, you agree not
to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works
which are based on Donelson Construction Company, LLC. Services (e.g.
Content or Software), in whole or part. Donelson Construction Company,
LLC. hereby grants you a personal, non-transferable and nonexclusive
right and/or license to make use of the object code or our Software on
a single computer, as long as you do not, and shall not, allow any
third party to duplicate, alter, modify, create or plagiarize work
from, reverse engineer, reverse assemble or otherwise make an attempt
to locate or discern any source code, sell, assign, sublicense, grant
a security interest in and/or otherwise transfer any such right in the
Software. Furthermore, you do herein agree not to alter or change the
Software in any manner, nature or form, and as such, not to use any
modified versions of the Software, including and without limitation,
for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services
through any means other than through the interface which is provided
by Donelson Construction Company, LLC. for use in accessing our
Services.
SECTION 12 – WARRANTY DISCLAIMERS YOU HEREIN
EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF DONELSON
CONSTRUCTION COMPANY, LLC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS”
AND/OR “AS AVAILABLE” BASIS. DONELSON CONSTRUCTION COMPANY, LLC. AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NONINFRINGEMENT. b ) DONELSON CONSTRUCTION COMPANY, LLC.
AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO SUCH WARRANTIES THAT (i) DONELSON CONSTRUCTION
COMPANY, LLC. SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)
DONELSON CONSTRUCTION COMPANY, LLC. SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS
WHICH MAY BE OBTAINED FROM THE USE OF THE DONELSON CONSTRUCTION
COMPANY, LLC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL
WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS
CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF DONELSON
CONSTRUCTION COMPANY, LLC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY
YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF
ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET
ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d)
NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM DONELSON CONSTRUCTION COMPANY, LLC. OR BY
WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS. e) A SMALL PERCENTAGE OF SOME USERS MAY
EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER
SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS
WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD
YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 –
LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND
AGREE THAT DONELSON CONSTRUCTION COMPANY, LLC. AND OUR SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL
NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL,
USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN
ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT
FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF
PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR
THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR
CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER
MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 –
RELEASE In the event you have a dispute, you agree to release Donelson
Construction Company, LLC. (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any
other third parties) from claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected
or unsuspected, disclosed and undisclosed, arising out of or in any
way connected to such dispute.
SECTION 15 – NOTICE
Donelson Construction Company, LLC. may furnish you with notices,
including those with regards to any changes to the Terms, including
but not limited to email, regular mail, MMS or SMS, text messaging,
postings on our website Services, or other reasonable means currently
known or any which may be herein after developed. Any such notices may
not be received if you violate any aspects of the Terms by accessing
our Services in an unauthorized manner. Your acceptance of this
Agreement constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you
accessed our Services in an authorized manner.
SECTION 16
– INTELLECTUAL PROPERTY RIGHTS You herein acknowledge, understand and
agree that all of the Donelson Construction Company, LLC. trademarks,
copyright, trade name, service marks, and other Donelson Construction
Company, LLC. logos and any brand features, and/or product and service
names are trademarks and as such, are and shall remain the property of
Donelson Construction Company, LLC.. You herein agree not to display
and/or use in any manner the Donelson Construction Company, LLC. logo
or marks without obtaining Donelson Construction Company, LLC.’s prior
written consent. Donelson Construction Company, LLC. will always
respect the intellectual property of others, and we ask that all of
our users do the same. With regards to appropriate circumstances and
at its sole discretion, Donelson Construction Company, LLC. may
disable and/or terminate the accounts of any user who violates our
Terms and/or infringes the rights of others. If you feel that your
work has been duplicated in such a way that would constitute copyright
infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following
information: a) The electronic or the physical signature of the
individual that is authorized on behalf of the owner of the copyright
or other intellectual property interest; b) A description of the
copyrighted work or other intellectual property that you believe has
been infringed upon; c) A description of the location of the site
which you allege has been infringing upon your work; d) Your physical
address, telephone number, and email address; e) A statement, in which
you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law; f) And
finally, a statement, made under penalty of perjury, that the
aforementioned information in your notice is truthful and accurate,
and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or
intellectual property owner’s behalf. The Donelson Construction
Company, LLC. agent for notice of claims of copyright or other
intellectual property infringement can be contacted as follows:
Mailing Address: Donelson Construction Company, LLC. Attn: Copyright
Agent 1075 Wise Hill Rd Clever, Missouri 65631 Telephone: (417)
743-2694 Email: bdonelson@cleverstone.com
SECTION 17 –
ENTIRE AGREEMENT This Agreement constitutes the entire agreement
between you and Donelson Construction Company, LLC.and shall govern
the use of our Services, superseding any prior version of this
Agreement between you and us with respect to Donelson Construction
Company, LLC. Services. You may also be subject to additional terms
and conditions that may apply when you use or purchase certain other
Donelson Construction Company, LLC. Services, affiliate Services,
thirdparty content or third-party software.
SECTION 18 –
CHOICE OF LAW AND FORUM It is at the mutual agreement of both you and
Donelson Construction Company, LLC. with regard to the Agreement that
the relationship between the parties shall be governed by the laws of
the state of Missouri without regard to its conflict of law provisions
and that any and all claims, causes of action and/or disputes, arising
out of or relating to the Agreement, or the relationship between you
and Donelson Construction Company, LLC., shall be filed within the
courts having jurisdiction within the County of United States,
Missouri or the U.S. District Court located in said state. You and
Donelson Construction Company, LLC. agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive
any and all objections to the exercise of jurisdiction over the
parties by such courts and to venue in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS At any time,
should Donelson Construction Company, LLC. fail to exercise or enforce
any right or provision of the Agreement, such failure shall not
constitute a waiver of such right or provision. If any provision of
this Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the Agreement remain in full
force and effect.
SECTION 20 – NO RIGHT OF SURVIVORSHIP
NONTRANSFERABILITY You acknowledge, understand and agree that your
account is non-transferable and any rights to your ID and/or contents
within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all
contents therein permanently deleted.
SECTION 21 – STATUTE
OF LIMITATIONS You acknowledge, understand and agree that regardless
of any statute or law to the contrary, any claim or action arising out
of or related to the use of our Services or the Agreement must be
filed within 5 year(s) after said claim or cause of action arose or
shall be forever barred.
SECTION 22 – VIOLATIONS Please
report any and all violations of this Agreement to Donelson
Construction Company, LLC. as follows: Mailing Address: Donelson
Construction Company, LLC. 1075 Wise Hill Rd Clever, Missouri 65631
Telephone: 417-743-2694 Email: bdonelson@cleverstone.com
SECTION 23 – GOVERNMENT REQUESTS In order to cooperate
with governmental requests, subpoenas or court orders, to protect our
systems, or to ensure the integrity and operation of our business and
systems, we may access and disclose any information we consider
necessary or appropriate, including and without limitation, your
information, IP address, and usage history. Our right to disclose any
such information is governed by the terms of our Privacy Policy.
SECTION 24 – FOREIGN ACCESS OF SITE The Site is
controlled, operated and administered by Donelson Constructionfrom our
offices within the USA. If you access the Site from a location outside
the USA, you are responsible for compliance with all local laws. You
agree that you will not use Donelson Construction’s content accessed
through the Site in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
SECTION 25 –
ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be
information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or
cancel orders if any information on the Site or on any related Site is
inaccurate at any time without prior notice (including after you have
submitted your order). We undertake no obligation to update, amend or
clarify information on the Site or on any related Site, including
without limitation, pricing information, except as required by law. No
specified update or refresh date applied on the Site or on any related
Site, should be taken to indicate that all information on the Site or
on any related Site has been modified or updated.
SECTION
26 – PRIVACY POLICY Every member’s registration data and various other
personal information are strictly protected by the Donelson
Construction Company, LLC. Online Privacy Policy (see the full Privacy
Policy at http://dh9.e84.myftpupload.com/privacy-policy/). As a
member, you herein consent to the collection and use of the
information provided, including the transfer of information within the
United States and/or other countries for storage, processing or use by
Donelson Construction Company, LLC. and/or our subsidiaries and
affiliates.