Please read this agreement (“Agreement”) carefully before accessing or using this Web site (including, but not limited to, all information, software, data, images, content and related materials, documentation and services connected therewith) (collectively, the “Site”). By accessing or using the Site, you agree to be bound by this Agreement. Carrington Construction and its agents and affiliates (collectively, “Carrington”) provide the information, services and other material on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.
Carrington Construction assumes no responsibility for any consequences or damages arising from, directly or indirectly, any action or inaction that you take based on the information, services or other material on this Site. While Carrington Construction strives to keep the information on this Site accurate, complete and up-to-date, Carrington Construction cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. The information and services offered on this Site are provided with the understanding that Carrington Construction is not engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Subject to your compliance with the terms and conditions of this Agreement, Carrington Construction grants to you a non-exclusive, revocable, non-transferable license to access and use the Site. You are receiving only a license to enter and use this Site strictly in accordance with the terms and conditions of this Agreement. If you are using the Site on behalf of a third party, both you and such third party are responsible for your compliance with this Agreement. If you are authorizing your employees and agents to use this Site, you agree to notify and inform your employees or agents having access to the Site of all obligations regarding the Site and shall be responsible for their compliance therewith.
As a condition of your use of this Site, you agree and warrant to Carrington Construction, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.
You may not reproduce, download, copy, modify, commercialize, distribute, transmit, display, perform, reproduce, publish, license, reverse-engineer, de-compile, disassemble, create derivative works from, frame in another Web page, use on any other Web site, transfer or sell any information, software, lists of users, databases or other lists, products, services or materials obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users or other information. If and when requested by Carrington Construction, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of White Van Real Estate Services, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. If Carrington Construction issues you a password, in addition to any other terms provided by Carrington Construction to govern your use of your password, you must maintain the confidentiality of your password, not share it with other users, and immediately notify Carrington Construction if you believe your password has been compromised or is no longer confidential. You will be responsible for all activities taken under your password. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
The Site is owned by Carrington Construction and its affiliates and licensors and is protected by U.S. copyright and other intellectual property and common laws. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written permission of an authorized officer of Carrington Construction and, its affiliates or its suppliers.
All logos, marks and product and service names are trademarks and service marks owned by Carrington Construction and its affiliates and licensors (the “Marks”). Without the prior written permission of an authorized author of Carrington Construction and the appropriate affiliates or licensors, you agree not to display or use the Marks in any manner.
You acknowledge that the license granted above in no way shall be construed to provide an express or implied license to use, modify or improve any of Carrington Construction patents, copyrights, trade secrets and/or trademarks. Carrington Construction reserves all rights to the Site not expressly granted to you in this Agreement. No license, right or interest in any trademark, trade name or service mark of Carrington Construction or any third party is granted under this Agreement. Carrington Construction reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or any portions hereof without notice or liability to you or any third party.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CARRINGTON CONSTRUCTION, ITS AFFILIATES AND/OR SUPPLIERS MAY WITHOUT PRIOR NOTICE MAKE IMPROVEMENTS AND/OR CHANGES IN THIS SITE INCLUDING BUT NOT LIMITED TO THE INFORMATION, SERVICES, PRODUCTS OR OTHER MATERIALS AT ANY TIME. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL CARRINGTON CONSTRUCTION, ITS AFFILIATES AND/OR ITS VENDORS AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, MATERIALS AND/OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CARRINGTON CONSTRUCTION, ITS AFFILIATES OR ANY OF ITS VENDORS AND CONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU UNDER THOSE LIMITED CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless Carrington Construction, its affiliates, employees, officers, directors, managers, contractors, vendors, suppliers and agents from any liability, loss, claim and expense (including attorneys’ fees and costs) related to or arising from your violation of this Agreement.
LINKS TO THIRD PARTY SITES
CHANGES TO AGREEMENT
Carrington Construction may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement in effect at the time of access.
COLLECTION OF INFORMATION
This communication is for the purpose of collecting a debt, and any information obtained will be used for that purpose. This notice is required by the provisions of the Fair Debt Collection Practices Act and does not imply that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the United States or is currently the subject of a bankruptcy proceeding. If you are represented by an attorney, this is not an attempt to communicate with you other than through your attorney.
SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, EXCEPT AS OTHERWISE PROVIDED HEREIN OR REQUIRED BY LAW. YOU AGREE THAT NEITHER WHITE VAN REAL ESTATE SERVICES NOR ANY SUBCONTRACTOR OF CARRINGTON CONSTRUCTION SHALL HAVE ANY LIABILITY FOR SPECIAL INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE. CARRINGTON CONSTRUCTION DOES NOT GUARANTEE THE SECURITY, PRIVACY OR INTEGRITY OF INFORMATION IN TRANSIT OVER TELEPHONE LINES. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CARRINGTON CONSTRUCTION, ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, CONTRACTORS, VENDORS, SUPPLIERS AND AGENTS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING ATTORNEY’S FEES AND COSTS) RELATED TO OR ARISING FROM YOUR VIOLATION OF THIS AGREEMENT.
This Site is applicable to and should only be used by persons 18 years of age or older located within the United States of America. Access and use of this Site by persons under the age of 18 or from locations other than the United States is prohibited. This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law and the venue for any disputes shall be in Orange County, California. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. Failure by Carrington Construction to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement is in addition to any other written agreements you may have entered into with, or will enter into with, Carrington Construction.