Terms of Service 1 — Mike Rovner Construction

Terms of Use.

Last Updated: October 14, 2021

Please review these Terms of Use and our Privacy Policy before using this website (the “Site”), and before using any services related to this website offered by us.

I. WEBSITE TERMS OF USE

1. Binding Effect. This is a binding agreement. By accessing any part of the Site or any services provided by us, both you and any entity for which you are an agent or you appear to represent (collectively, “you”, “your” or “user”), agree to abide by these Terms of Use, as they may be amended by us from time to time. It is your responsibility to review these Terms of Use, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site.

By using the Site, you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

2. Compliance with Intellectual Property Laws. The Site is protected by U.S. and international copyright, trademark and other laws. Subject to these Terms of Use, we grant you a personal, revocable, non-exclusive, non-transferable license to use the Site, and to download, print and store portions of the Site solely in furtherance of your lawful use of the Site. No other right, title or interest in any accessed or downloaded Content or materials is transferred to you as a result of this license. We reserve all intellectual property rights in any content you access or download from the Site, subject to this limited license as set forth herein. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others.

3. DISCLAIMERS

A. NO WARRANTIES REGARDING SITE, SERVICES OR CONTENT. WE HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENT, TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE ARE MAKING THE SITE AVAILABLE "AS IS". YOU ASSUME THE RISK OF ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. WE DO NOT WARRANT THAT THE SITE, CONTENT, OR SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

B. ERRORS AND INACCURACIES. The Site may contain errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the Site at any time without prior notice. We do not guarantee that any errors, inaccuracies or omissions will be corrected, and we are not obligated to make such corrections.

C. GEOGRAPHIC AND QUANTITY LIMITATIONS. This Site is accessible worldwide. However, not all services offered by us are available to all persons in all geographic areas. We reserve the right to limit our services to any person, geographic area, or jurisdiction.

4. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR LOST DATA) BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. Affiliated Sites. We have no control over, and no liability for any third-party websites or materials. We work with a number of partners and affiliates whose Internet sites may be linked with this Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy or quality of the information provided by such sites

6. Prohibited Uses. We impose certain restrictions on your permissible use of the Site. You are prohibited from attempting to circumvent any security features of the Site or from attempting to modify or disassemble the Site. You are prohibited from attempting to interfere with anyone else’s use of the Site.

8. Severability; Waiver. If any provision in these Terms of Use is found to be unenforceable by any court or arbitrator, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any other breach, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

9. Arbitration; Waiver of Right to Assert Representative Claims. Any dispute arising from or relating to these Terms of Use or to your use of our website shall be submitted to binding arbitration before a private arbitrator, rather than asserted in a court action. You recognize that you are waiving your right to file a lawsuit and waiving your right to a jury trial. The arbitration shall be conducted before the Judicial Arbitration and Mediation Service (JAMS). You may commence an arbitration proceeding through their website, https://www.jamsadr.com or call 800-352-5267. The JAMS Streamlined Arbitration Rules & Procedures then in effect shall apply to the proceedings. Those rules are available on the JAMS website.

You further agree that you will not assert any class action or other representative claims arising from or relating to your use of our website. The waiver of class or other representative claims shall not apply, where a waiver of this type is prohibited by law.

10. California and US Law Apply To Any Disputes. This website is controlled and operated in the United States and in the State of California, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the United States. We do not represent or warrant that the website or any part thereof is appropriate or available for use in any particular jurisdiction other than California. In choosing to access our website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.

11. Indemnification. You agree to indemnify and defend us and to hold us harmless from and against all damages and liabilities caused in whole or in part by any unlawful actions or breaches of this policy committed by you, arising from or related to your use of our website or your dealings with our company. Your indemnity obligations cover any damages and liabilities arising from or related to any request submitted to us, including without limitation, requests for disclosure or deletion of personal information, and any unauthorized access to our website or computer systems obtained or facilitated through your computer or other electronic device.

12. Limitation of Liability. You agree that in no event will our liability to you or any person claiming through you or on your behalf exceed the total payments you have made to us for any goods or services purchased in the 12 months prior to the submission of the claim.