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Terms and Conditions
AGREEMENT BETWEEN USER AND Roche Constructors, Inc. The network of websites operated by Roche Constructors, Inc., is comprised of various websites and Web pages. The Roche Constructors, Inc., websites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Roche Constructors, Inc., websites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Roche Constructors, Inc., website included within the Roche Constructors, Inc., websites network may also be subject to additional terms outlined elsewhere on that website. Additionally, the Roche Constructors, Inc., websites may themselves contain additional terms that govern particular features. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Roche Constructors, Inc., website, then these terms shall control. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEBSITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions, and all applicable laws. If you do not agree to these terms, you may not use this Site. MODIFICATION OF THESE TERMS OF USE. Roche Constructors, Inc., reserves the right to change the terms, conditions, and notices under which the Roche Constructors, Inc., websites are offered. You are responsible for regularly reviewing these terms and conditions. USE OF SITE. COMMERCIAL USE LIMITATION. Unless otherwise specified, the Roche Constructors, Inc., websites are for commercial use only relating to construction projects and subcontractors’ contractual agreements with Roche Constructors, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Roche Constructors, Inc., websites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download, and print hard copy portions of the material from the Site solely for use relating to your construction project contract(s) with Roche Constructors, Inc. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display, or transmission of the content of this Site, without prior written permission of Roche Constructors, Inc., is strictly prohibited. Harassment in any manner or form on the Site or any of the Roche Constructors, Inc., Websites, including via e-mail or by obscene or abusive language, is strictly forbidden. Impersonation of others, including a Roche Constructors, Inc., employee, host, customer, owner, officer, subcontractor, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or which may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. AUTHORIZED REPRESENTATIVES AND USERS Registered users of this site must be authorized representatives, employees, officers, or designees of the company or subcontractor matching the Federal tax ID number entered during registration to use this Roche Constructors, Inc., website. In any event that an authorized user ceases to represent, not be employed by, is no longer an officer of, or is not a designee of company or subcontractor with a contacted relationship with Roche Constructors, Inc., the company or subcontractor is responsible for directly notifying Roche Constructors, Inc., for the sole purpose of deleting user account of the website within 24 hours. Notification for deletion of user accounts must be made directly to Roche Constructors, Inc., in writing via email or by telephone using the following contact information. Telephone: 970-356-3611 Email: MyContractInfo@rocheconstructors.com COPYRIGHTS AND TRADEMARKS. The entire content included in this Site, including but not limited to, text, design, graphics, interfaces, or code and the selection and arrangements thereof are copyrighted as a collective work under the United States and other copyright laws and are the property of Roche Constructors, Inc. The collective work includes works that are licensed to Roche Constructors, Inc., Copyright 2008. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Roche Constructors, Inc. TERM; TERMINATION. These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration process. These terms and conditions, or any of them, may be modified or terminated by Roche Constructors, Inc., without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration, and General shall survive any termination. DISCLAIMER. Roche Constructors, Inc., makes no warranties or representations about the accuracy or completeness of this Site's content due to typographical error or otherwise. THIS SITE AND THE INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROCHE CONSTRUCTORS, INC., DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF CONTRACT PAYMENT AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ROCHE CONSTRUCTORS, INC., DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCHE CONSTRUCTORS, INC., DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. THE INFORMATION CONTAINED IN THIS SITE DOES NOT AND IS NOT A PROMISE TO PAY ON CONTRACTS OR COMPONENTS OF CONTRACTS. THE WEBSITE IS INFORMATIONAL ONLY AND DOES NOT IMPLY ANYTHING ELSE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY. IN NO EVENT SHALL ROCHE CONSTRUCTORS, INC., BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, EVEN IF ROCHE CONSTRUCTORS, INC., HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, AND INFORMATION AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless Roche Constructors, Inc., its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account. APPLICABLE LAWS. Your use of this Site shall be governed in all respects by the laws of the state of Colorado, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the contracting of Roche Constructors, Inc., services) shall be in the state or federal courts located in Weld County, Colorado. Any cause of action or claim you may have with respect to the Site (including but not limited to the contracting of Roche Constructors, Inc., services) must be commenced within one (1) year after the claim or cause of action arises. Roche Constructors, Inc.’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Roche Constructors, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you. Roche Constructors, Inc., makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Colorado do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the services shall be governed by the internal substantive laws of the State of Colorado. ARBITRATION. By using this Site, you agree that Roche Constructors, Inc., at its sole discretion, may require you to submit any disputes arising from the use of this Site or these Terms and Conditions concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly-arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute. GENERAL. Roche Constructors, Inc., may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages at this Site.
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