BY ACCESSING, BROWSING, SEARCHING, DOWNLOADING FROM OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW AND ALL POLICIES AND GUIDELINES THAT MAY BE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, SEARCH, DOWNLOAD FROM, BROWSE OR OTHERWISE USE THE SITE.
1. Copyright. The content, organization, graphics, design, compilation, database information selection, coordination, and arrangement of the database, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 2 below, is strictly prohibited. You do not acquire ownership rights to or a license to use any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right Falconbridge Construction Corp. may have in such information and materials.
2. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You may not use or utilize framing techniques to enclose any Falconbridge Construction Corp. logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without Falconbridge Construction Corp.’s express written consent. Further, you may not use any meta tags or other “hidden text” utilizing a Falconbridge Construction Corp. name without Falconbridge Construction Corp.'s express written consent. Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, and communications regulations and statutes.
3. Editing, Deleting and Modification. Falconbridge Construction Corp. reserves the right in its sole discretion to edit, delete or modify any documents, information or other content appearing on the Site.
4. Feedback. Any comments or suggestions sent to Falconbridge Construction Corp., including feedback data, such as questions, comments, suggestions, or the like regarding the content of the information contained on the Site (collectively, “Feedback”), shall be deemed to be non-confidential. Falconbridge Construction Corp. shall have no obligation with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, dispose, transform, create derivative works and distribute the Feedback to others without limitation. Falconbridge Construction Corp. shall be free to (without charge or liability, whatsoever) use any ideas, concepts, suggestions, know-how or techniques contained in Feedback for any purpose whatsoever.
5. Indemnification. You agree to indemnify, defend and hold Falconbridge Construction Corp. and its and their respective principals, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorneys fees, related to your violation of these Site Terms or misuse of the Site.
6. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS IS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, AND WARRANTY OF NON-INFRINGEMENT). THE INFORMATION AVAILABLE THROUGH THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS. FALCONBRIDGE CONSTRUCTION CORP. AND ITS AND THEIR RESPECTIVE AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, LCINYC AND ITS AND THEIR RESPECTIVE AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LCINYC AND YOU. THE SITE AND THE INFORMATION PROVIDED THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LCINYC DIRECTLY OR INDIRECTLY THROUGH THE SITE (OR THROUGH CONTACT WITH ANY EMPLOYEE OF LCINYC OR ITS OR THEIR RESPECTIVE AFFILIATE PARTIES WHOSE IDENTITY YOU ASCERTAINED THROUGH THE USE OF THE SITE) SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING ANY FORM OR DOCUMENT IS DISCLAIMED. FALCONBRIDGE CONSTRUCTION CORP. WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE THE SITE. LCINYC’S MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE (IF ANY) YOU PAY FOR ANY INFORMATION.
FALCONBRIDGE CONSTRUCTION CORP. RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED ON THE SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, SERVICE MARK, NAME OF MERCHANT OR BROKER, OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF BY LCINYC.
7. Links to Other Web Sites. The Site contains links to other Web sites. Falconbridge Construction Corp. is not responsible for the content, accuracy or opinions expressed in any website that you may gain access to through the Site, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Falconbridge Construction Corp. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
8. Copyrights and Copyright Agents. Falconbridge Construction Corp. respects the intellectual property of others, and asks that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Falconbridge Construction Corp. with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act in the copyright owner’s behalf.
Any notice of claims of copyright infringement on the Site should be addressed as follows:
Falconbridge Construction Corp.
839 Knickerbocker Ave.
Brooklyn, NY 11207
9. Information and Press Releases. The Site may contain information and press releases about Falconbridge Construction Corp. While this information was believed to be accurate as of the date prepared, Falconbridge Construction Corp. disclaims any duty or obligation to update this information or any press releases. Information about companies other than Falconbridge Construction Corp.’s contained in any press release or otherwise should not be relied upon as being provided or endorsed by Falconbridge Construction Corp.
10. Miscellaneous. This agreement shall be treated as though it were executed and performed in New York, NY, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 6 above. The language in this agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this agreement shall be brought solely in the courts located in the State of New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this agreement, this agreement shall take precedence. Falconbridge Construction Corp.’s failure to enforce any provision of this agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.zation, graphics, design, compilation, database information selection, coordination, and arrangement of the database, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 2 below, is strictly prohibited. You do not acquire ownership rights to or a license to use any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right Falconbridge Construction Corp. may have in such information and materials.
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