Terms and Conditions of Use - Isbir Construction

Terms & Conditions of Use

Please read this Terms of Use Agreement (“Agreement”) carefully. By accessing and using this website and any pages hereof, you agree to be legally bound by the terms and conditions below, as well as all applicable federal, state and local laws and regulations. If you do not agree with the Terms and Conditions of Use, as set forth herein, you are prohibited from using or accessing this Site and must immediately leave this Site.

By visiting www.isbirconstruction.com (the “Site”), you are subject to and accept these Terms and Conditions of Use, which may be updated from time to time without notice to you. Also, please review our Privacy Policy {Link to Privacy Policy} that further governs your use of the Site. Collectively, these documents form a legally binding and enforceable Agreement between you and Isbir Construction and Landscape, Corp., a Pennsylvania business corporation (“Isbir Construction”) regarding your use of the Site.

Therefore, before using this Site, you should review these Terms and Conditions of Use and our Privacy Policy for any changes and amendments. By using and accessing this Site after any such changes and amendments to these Terms and Conditions and/or Privacy Policy, you agree, with the intent to be legally bound, that you have read, understood and agreed to be bound by the Terms and Conditions and Privacy Policy, as they have been so changed and amended.

Ownership and Use of Content Found on the Site

The Site is intended to provide information regarding Isbir Construction and the services it offers, as well as to facilitate your ability to contact Isbir Construction with questions regarding our services and/or for purposes of scheduling a consultation.

Isbir Construction is the owner of all content on the Site, except where specifically noted otherwise on the Site. You may not republish any content on this Site in any form or manner whatsoever, including, but not limited to, any Internet, intranet, or extranet site.

The content on this Site shall not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without our prior written permission. Provided, however, you may access and use the Site and print any of the content of this Site only for your personal use.

The content on this Site is provided for informational purposes only. Nothing herein permits you to distribute, publish or transmit such information or materials for any purpose, or use such information or materials for any purpose, other than your own personal and non-commercial use.

Access and Use

Your right to access and use the Site must comply with these Terms and Conditions of Use and must be for a lawful purpose. Further, your right to access and use the Site is personal and is not assignable or transferable by you to any other person or entity. Provided, however, that in the event of your death, your rights may be assigned to your estate. Isbir Construction reserves the right to interrupt your access and use at any time and without prior notice for any reason, including, but not limited to, the malfunction of Isbir Construction’s equipment, periodic updating, maintenance or repair activities that Isbir Construction may undertake, or other actions that Isbir Construction, in its sole discretion, may elect to take. Isbir Construction further reserves the right to suspend or discontinue the availability of the Site and/or any of its features for access and use at any time in its sole discretion and without prior notice to you. Maintenance and unforeseen events may render the Site temporarily unavailable from time to time.

Your Submissions to the Site

Your use of the Site may require the submission, transmission, upload or posting of personally identifiable information and information concerning your real estate. By submitting, transmitting or posting this information, you automatically grant Isbir Construction the worldwide, fully-paid, royalty-free, exclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever.

Isbir Construction may, in its sole discretion, edit, refuse to post or remove any information you transmit, submit, upload or post to the Site.

You shall not transmit, submit, upload or post information to the Site that contains any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. Pursuant to Isbir Construction’s Privacy Policy for the Site, Isbir Construction may monitor any transmissions, submissions, uploads or postings by you to determine, in its sole discretion, your compliance with this Agreement.

Isbir Construction’s Intellectual Property Rights

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the exclusive property of Isbir Construction and is protected by applicable copyright and trade mark law.

Any damages sustained by Isbir Construction as a result of your infringement of any intellectual property rights is your sole responsibility.

Links to/from Other Sites

We may list on the Site various third party services with information concerning, or links to, these third party service providers. However, Isbir Construction has not reviewed all of the sites linked to the Site. Isbir Construction is not responsible for the contents of any link to or from this Site. We do not endorse the policies or practices of, or opinions expressed on other websites linked to or from this Site; nor do we make any representations or warranties with respect to the accuracy of any items or claims contained in such other websites. Any links are provided for you only as a convenience, and the inclusion of any link does not imply endorsement by us of the services, the site, its contents or its sponsoring organization. Your use of any such linked site is at your own risk.

If you decide to leave the Site and access any third party site, you do so at your own risk and you should be aware that these Terms and Conditions and Privacy Policy no longer govern. You should review the applicable terms and policies, including privacy and gathering practices, of any site to which you may link to from this Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY ISBIR CONSTRUCTION ON AN “AS IS” AND “AS AVAILABLE” BASIS. ISBIR CONSTRUCTION MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ISBIR CONSTRUCTION DISCLAIMS AND NEGATES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. ISBIR CONSTRUCTION DOES NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MOREOVER, ISBIR CONSTRUCTION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON THIS SITE. ISBIR CONSTRUCTION SHALL NOT BE LIABLE TO ANY PARTY FOR ANY INCORRECT, MISLEADING OR FALSE INFORMATION ENTERED INTO THE SITE BY ANY USER. ANY RELIANCE YOU PLACE ON INFORMATION ENTERED INTO THE SITE IS DONE SO AT YOUR OWN RISK.

ISBIR CONSTRUCTION IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY DATA NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT OR SOFTWARE OR ANY FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGETSION ON THE INTERNET OR ON THE SITE. ISBIR CONSTRUCTION IS ALSO NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USERS OF THE SITE, THEIR COMPUTER EQUIPMENT OR TO ANY OTHER PERSON’S COMPUTER EQUIPMENT RELATED TO OR RESULTING FROM PARTICIPATING OR INTERACTING WITH OR DOWNLOADING MATERIALS FROM THE SITE.

FURTHERMORE, IN NO EVENT SHALL ISBIR CONSTRUCTION OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY BUSINESS INTERRUPTION, LOSS OF PROFIT, REVENUE, DATA OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF USE; (II) YOUR ACCESS AND USE OF THE SITE OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE SITE; (III) YOUR INABILITY TO ACCESS OR USE THE SITE FOR ANY REASON; OR (IV) ANY TRANSACTION YOU ENTER WITH ANY THIRD PARTY PURSUANT TO THE SITE, EVEN IF ISBIR CONSTRUCTION IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME FEDERAL AND STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES OR LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless Isbir Construction and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to (i) any breach or violation of the Terms and Conditions of Use by you; and/or (ii) your access or use of the Site.

Severability

The provisions of these Terms and Conditions of Use are intended to be severable. If any provision of the Terms and Conditions of Use are held invalid or unenforceable in whole or in part in any jurisdiction, the provision will, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the provision in any other jurisdiction or the remaining provisions of the Terms and Conditions of Use in any jurisdiction.

Governing Law and Jurisdiction

The Terms and Conditions of Use herein shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws provisions. You further agree to the exclusive jurisdiction of any state or federal court located in Allegheny County, Pennsylvania as the forum and venue for any disagreements, disputes or litigation between you and Isbir Construction. You hereby consent to the personal jurisdiction of these courts for the purpose of resolving such disagreements or disputes, and you waive all objections to the jurisdictions of such courts.

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