Terms of Use
Associated Roofing Contractors of the Bay Area Counties, Inc. (“ARCBAC“) provides this website (the “Site”) subject to your compliance with the terms and conditions set forth in these Terms of Use (the “Site Terms”). By using the Site, you agree to be bound by these Site Terms. If you do not agree to these Site Terms, you must not use the Site. ARCBAC may at any time, in its sole discretion, revise or otherwise update these Site Terms by posting amended Site Terms on the Site and any changes will be effective immediately upon posting. Your use of the Site following the posting of updated Site Terms constitutes acceptance of those terms. Further, ARCBAC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice.
Copyright Notice
All copyrightable text and graphics, the original selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the Site are ©2009 Associated Roofing Contractors of the Bay Area Counties, Inc. All rights reserved. Permission is granted to download and print materials from the Site for the purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission, or modification of information or materials on the Site, whether in electronic or hard copy form, without the express prior written permission of ARCBAC is strictly prohibited.
No Legal Advice
The information and materials available on the Site (the “Materials”) are for informational purposes only and are not intended to and do not constitute legal advice.
Proprietary Rights
You acknowledge and agree that the Site and the Materials are and shall remain the property of ARCBAC or its licensors and are protected by copyright, trademark, and other proprietary rights and laws and all such rights are reserved. Except as expressly authorized in advance by ARCBAC, you agree not to copy, distribute, transmit, display, perform or create derivative works of the Site or any of the Materials. Notwithstanding the foregoing, and subject to your compliance with these Site Terms, ARCBAC grants to you a limited, personal, revocable, non-transferable and non-sublicensable license to (a) access the Site and the Materials via the Internet solely for purposes of viewing such materials and (b) to print out pages of the Site for your personal, non-commercial use. Trade names, trademarks, service marks and domain names (collectively, “Marks”) of ARCBAC and any associated logos on the Site that are not owned by ARCBAC are the property of their respective owners. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any of the Marks without ARCBAC’s prior express written permission.
User Conduct
You agree to comply with all applicable laws and regulations in connection with your use of the Site. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any ARCBAC server or to any of the Materials, through hacking, password theft or any other means; (b) attempt or enable others to attempt to obtain any Materials through any means that ARCBAC has not intentionally made available on the Site; or (c) use the Site or the Materials in any manner that could damage, disable, overburden, or impair any ARCBAC server, or the network(s) connected to any ARCBAC server, or that might interfere with any other person’s access to or use or enjoyment of any Materials.
Limitation of Liability and Disclaimer of Warranties
THE SITE AND THE MATERIALS ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. ARCBAC, ITS MEMBERS, AFFILIATES AND SUPPLIERS DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES THAT MIGHT ARISE FROM YOUR USE OR RELIANCE ON THE SITE AND THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. ARCBAC, ITS MEMBERS, AFFILIATES AND SUPPLIERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR MATERIALS, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTORY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF ARCBAC, ITS MEMBERS, AFFILIATES AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ANY LIMITED REMEDY OF ITS ESSENTIAL PURPOSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR THE MATERIALS IS TO STOP USING THE SITE OR THE MATERIALS. TO THE EXTENT THAT ARCBAC MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF ARCBAC’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to defend, indemnify and hold harmless ARCBAC, its members, affiliates and suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site; (b) any violation of these Site Terms by you; (c) any improper or unauthorized use of the Materials by you; and (d) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
Governing Law and Venue
These Site Terms shall be governed by the laws of the State of California as applied to agreements made, entered into, and performed entirely in California by California residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Site Terms or your use of the Site or Materials shall be brought exclusively in the Federal or State courts located in Alameda County, California, and you hereby unconditionally and irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose.
Miscellaneous
If any provision of these Site Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of ARCBAC and you as reflected in the provision, and that the other provisions of these Site Terms remain in full force and effect. The failure of ARCBAC to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and ARCBAC, nor trade practice, shall act to modify any provision of these Site Terms. These Site Terms are not assignable, transferable or sublicensable by you. These Site Terms comprise the entire and exclusive agreement between you and ARCBAC with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and ARCBAC with respect to your use of the Site.
