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CAPITAL Construction Group, LLC
User Agreement
Updated: November, 2005
Welcome
to the User Agreement for CAPITAL Construction Group, LLC. The
following describes the terms on which CAPITAL Construction
Group, LLC offers you access to our services.
Information on this site is restricted
for the sole purpose of obtaining
service. Any other use, commercial or
personal, is prohibited.
This
agreement describes the terms and
conditions applicable to your use of our
services available under the domain and
sub-domains of
www.ccg-wdc.com and
the general principles for the Web sites
of our other divisions or subsidiaries
as they may exist. If you do not agree
to be bound by the terms and conditions
of this agreement, please do not use or
access our services.
By using
our website or registering for our
service, as either a Client or Provider
you accept the terms of this User
Agreement. In addition, you must
indicate your specific agreement to the
items specified in either the "Service
Provider" or "Client" sections below.
If you
have any questions, please contact us as
indicated on our "Contact
Us" page.
You must
read, agree with and accept all of the
terms and conditions contained in this
User Agreement and our other policies,
which include those terms and conditions
expressly set out below and those
incorporated by reference, before you
may become a user of the CAPITAL
Construction Group, LLC website.
We
strongly recommend that, as you read
this user agreement, you also access and
read the information contained on the
other pages and Web sites referred to in
this document, as they may contain
further terms and conditions that apply
to you as a CAPITAL Construction Group,
LLC
user.
We may
amend this agreement at any time by
posting the amended terms on our web
site. Except as stated below, all
amended terms shall automatically be
effective immediately after they are
posted on our site. In addition, we will
notify you in accordance with your
notification preferences. This agreement
may not be otherwise amended except in a
writing signed by you and CAPITAL
Construction Group, LLC.
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Our
services are available only to corporate
or other entities, or individuals who
can form legally binding contracts under
applicable law. Without limiting the
foregoing, our services are not
available to minors, to anyone under 21
years of age. If you do not qualify,
please do not use our services.
We may
change our fees and credits policy and
the fees for our services from time to
time. Our changes to the policy are
effective immediately. We may choose to
temporarily change our services or
promotional events. We may in our sole
discretion change some or all of our
services at any time. In the event we
introduce a new service, the fees for
that service are effective at the launch
of the service.
All fees
are quoted in U.S. Dollars. You are
responsible for paying all fees
associated with using our service and
our Web site and all applicable taxes,
if any.
If you
are a California resident, you waive
California Civil Code § 1542, which
says: "A general release does not extend
to claims which the creditor does not
know or suspect to exist in his favor at
the time of executing the release, which
if known by him must have materially
affected his settlement with the
debtor."
Links
contained in the CAPITAL Construction
Group, LLC website may cause a User to leave
the website. Such linked websites are
not under the control of CAPITAL
Construction Group, LLC and CAPITAL
Construction Group, LLC is not responsible for the
contents of any linked website or
information contained in a linked
website, or any changes or updates to
such website . CAPITAL Construction
Group, LLC
provides these links from the CAPITAL
Construction Group, LLC website only as a
convenience, and the inclusion of any
link does not imply any endorsement of
the website or any of its contents. All
users use materials and information in
third-party websites at their own risk.
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Definition.
"Your
information" is defined as any
information you provide to us in any
public message area or through any email
feature. You are solely responsible for
your information.
Your
information and your activities on the
site shall not: be false, inaccurate or
misleading; be fraudulent; infringe any third
party's copyright, patent, trademark,
trade secret or other proprietary rights
or rights of publicity or privacy;
violate any law, statute, ordinance or
regulation (including, but not limited
to, those governing export control,
consumer protection, unfair competition,
antidiscrimination or false
advertising); be defamatory, trade
libelous, unlawfully threatening or
unlawfully harassing; contain any
viruses, Trojan horses, worms, time
bombs, cancelbots, easter eggs or other
computer programming routines that may
damage, detrimentally interfere with,
surreptitiously intercept or expropriate
any system, data or personal
information; create liability for us or
cause us to lose (in whole or in part)
the services of our ISPs or other
suppliers; or link directly or
indirectly to or include descriptions of
goods or services that are prohibited
under this Agreement.
Solely to
enable CAPITAL Construction Group, LLC to use
the information you supply us with, so
that we are not violating any rights you
might have in that information, you
agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable,
royalty-free, sub-licensable (through
multiple tiers) right to exercise the
copyright, publicity, and database
rights (but no other rights) you have in
Your Information, in any media now known
or not currently known, with respect to
Your Information. CAPITAL Construction
Group, LLC will only use Your Information in
accordance with our other policies.
Our Web
site contains robot exclusion headers
and you agree that you will not use any
robot, spider, other automatic device,
or manual process to monitor or copy our
Web pages or the content contained
herein without our prior expressed
written permission.
You agree
that you will not use any device,
software or routine to bypass our robot
exclusion headers, or to interfere or
attempt to interfere with the proper
working of the CAPITAL Construction
Group, LLC
site or any activities conducted on our
site.
You agree
to receive all email/electronic
transmissions sent by CAPITAL
Construction Group, LLC in connection with or relating to
the CAPITAL Construction Group, LLC System. It
is the policy of CAPITAL Construction
Group, LLC not to transmit unsolicited email.
You agree
that you will not copy, reproduce,
alter, modify, create derivative works,
or publicly display any content (except
for Your Information) from our Web site
without the express written permission
in advance from CAPITAL Construction
Group, LLC.
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We
provide our Web site services "as is"
and without any warranty or condition,
express, implied or statutory. We
specifically disclaim any implied
warranties of title, merchantability,
fitness for a particular purpose and
non-infringement. Some states do not
allow the disclaimer of implied
warranties, so the foregoing disclaimer
may not apply to you. This warranty
gives you specific legal rights and you
may also have other legal rights that
vary from state to state.
In the
event CAPITAL Construction Group, LLC's
delivery of its services is delayed,
prevented or otherwise made
impracticable by reason of any acts of
God, floods, earthquakes, or other
natural catastrophes; national
emergencies, strikes, lockouts or other
labor difficulties; computer "hacking"
attack or computer virus; any law,
order, regulation or other action of any
governing authority; or any other cause
beyond CAPITAL Construction Group, LLC's
reasonable control, CAPITAL Construction
Group, LLC shall be excused from such
delivery to the extent that its delay is
prevented by such cause.
CAPITAL
Construction Group, LLC reserves the right to
amend the terms of service that govern
the User Agreement and the website at
any time by posting a revised version of
the terms of service on the website or
by sending information regarding any
amendment to the terms of service to the
email address you provide to CAPITAL
Construction Group, LLC. Each User is
responsible for regularly reviewing the
User's continued use of the Terms of
Service after such amended terms of
service have been posted or information
regarding such amended terms of service
has been sent to User shall be deemed
acceptance by user's amended terms of
service.
In no
event shall we be liable for lost
profits or any special, incidental or
consequential damages arising out of or
in connection with our site, our
services or this agreement (however
arising, including negligence).
Our
liability to you or any third parties in
any circumstance is limited to the
greater of the amount of fees you pay to
us for services rendered giving rise to
liability, and $100. Some states do not
allow the exclusion or limitation of
incidental or consequential damages, so
the above limitation or exclusion may
not apply to you.
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You agree
to indemnify and hold us harmless from
any claim or demand, including
reasonable attorneys' fees, made by any
third party due to or arising out of
your breach of this Agreement or the
documents it incorporates by reference,
or your violation of any law or the
rights of a third party.
You shall
comply with all applicable domestic and
international laws, statutes, ordinances
and regulations regarding your use of
our service and your listing, purchase,
solicitation of offers to purchase, and
sale of items and services.
CAPITAL
Construction Group, LLC is an independent
contractor, and no agency, partnership,
joint venture, employee-employer or
franchiser-franchisee relationship is
intended or created by this Agreement.
Except as
explicitly stated otherwise, any legal
notices shall be given by certified mail
(postage pre-paid and return receipt
requested) to:
"CAPITAL
Construction Group, LLC" 3321
12th Street NE, Washington D.C.
20017-4008.
Notice
shall be deemed given 5 days after it is
sent. Alternatively, we may give you
notice by certified mail, postage
prepaid and return receipt requested, to
the address provided to CAPITAL
Construction Group, LLC by such communication.
In such case, notice shall be deemed
given 5 days after the date of mailing.
Notice may also be given by overnight
courier mail through a nationally
recognized courier service, which notice
will be effective when actually
received.
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This
Agreement shall be governed in all
respects by the laws of the State of
Washington, District of Columbia as such
laws are applied to agreements entered
into and to be performed entirely within
Washington, District of Columbia between
Washington, District of Columbia residents. We do not
guarantee continuous, uninterrupted or
secure access to our services, and
operation of our site may be interfered
with by numerous factors outside of our
control. If any provision of this
Agreement is held to be invalid or
unenforceable, such provision shall be
struck and the remaining provisions
shall be enforced. Among its other
remedies, CAPITAL Construction Group,
LLC shall
be entitled to injunctive relief for any
violation of this Agreement.
You agree
that this User Agreement and all
incorporated agreements may be
automatically assigned by CAPITAL
Construction Group, LLC, in our sole
discretion, to a third party in the
event of a merger or acquisition or
similar corporate transaction.
Headings
are for reference purposes only and in
no way define, limit, construe or
describe the scope or extent of such
section. Our failure to act with respect
to a breach by you or others does not
waive our right to act with respect to
subsequent or similar breaches.
This
Agreement together with the following
Additional Terms Sections sets forth the
entire understanding and agreement
between us with respect to the subject
matter hereof. Except as otherwise
indicated, all provisions of the User
Agreement shall survive any termination
or expiration of this Agreement.
The
services hereunder are offered by
CAPITAL Construction Group, LLC, located at
3321 12th Street NE, Washington DC
20017-4008.
Such
Provider agrees that he will not
disclose, to any third party, any
information whatsoever concerning any
Client or the Company unless such
information is already in the public
domain. Providers will give to Clients
only applicable billing and delivery
service information.
Information on this site is restricted for the sole purpose
of obtaining service. Any other use, commercial or personal,
is prohibited.
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