TERMS OF SERVICE

 

LAST UPDATED: ARPIL 25, 2021.

 

By using this Website, you agree to be bound by and comply with these Terms of Use and any other guidelines, rules or policies posted to the Website by Katy Construction Co. from time to time.  All such guidelines, rules and policies (including, without limitation, Katy Construction Co.’s PRIVACY POLICY) are incorporated into these Terms of Use by reference and are made a part hereof.  Please read these Terms of Use carefully.  This is a legal document and it contains binding obligations.

Changes to Terms of Use

Katy Construction Co. shall have the right to modify these Terms of Use at any time, which modification shall be effective immediately following Katy Construction Co.’s posting of such change on the Website. We recommend that you check the Website regularly for any such changes. Your use of the Website following such posting shall be deemed to constitute your acceptance of such modification.

Use of this Website
Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. You agree to comply with all applicable laws in connection with your use of the Website and your participation in any Katy Construction Co. offerings.

You agree that you will not (i) interfere with the Website and/or the servers or networks connected to same; (ii) “frame” or “mirror” any part of the Website without Katy Construction Co.’s prior written authorization; (iii) use metatags or code or other devices containing any reference to any Katy Construction Co. offerings in order to direct any person to any other website for any purpose; and/or (iv) modify, translate, decompile, disassemble, or reverse engineer any software available through the Website or otherwise used in connection with Katy Construction Co.’s offerings.

Use of Materials
Materials on this Website, including but not limited to sound recordings, videos, images, logos, trademarks and other works (collectively, the “Materials”), are protected under various intellectual property laws and owned or controlled by Katy Construction Co., or used with permission of the owner(s) of such Materials. The display of Materials on this Website does not imply that a license of any kind has been granted to you.  You agree that you will not remove any copyright, trademark or other proprietary rights notices contained on the Website.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Katy Construction Co., is prohibited. You may download digital files only where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Privacy
Please see Katy Construction Co.’s PRIVACY POLICY for information concerning the collection and use of personal information from this Website.

Links
From time to time, the Katy Construction Co. Website may contain links to other websites that are not controlled and/or maintained by Katy Construction Co. Access to and use of such other websites is at your own risk and subject to any terms of use and privacy policies which govern such websites. By providing such links, Katy Construction Co. shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Katy Construction Co. is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use of use that differ from those of the Katy Construction Co. Website and/or may provide their users with less security than the Katy Construction Co. Website.

Non-Commercial Use
You may not use this Website or any Materials provided herein in connection with any commercial endeavors except with the express written agreement of Katy Construction Co.

Copyright Infringement Policy
Katy Construction Co. values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, please contact us at jacque@blueringdesignllc.com.

Additional/Different Terms
Certain pages or sections of this Website may contain Terms of Use of use which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different Terms of Use of use and these Terms of Use, the additional or different Terms of Use of use will govern with respect to the specific pages or sections to which they apply.

Limitation of Liability and Use Disclaimer
Katy Construction Co. endeavors to make sure that all information and data it originates on the Website is accurate. However, Katy Construction Co. is not responsible for any damages or loss related to the use of this Website.

THIS WEBSITE, ALL MATERIALS CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. KATY CONSTRUCTION CO. RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. KATY CONSTRUCTION CO. SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

KATY CONSTRUCTION CO. MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF KATY CONSTRUCTION CO.’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment. Katy Construction Co. is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Katy Construction Co.’s liability is limited to the greatest extent allowable under applicable law.

Indemnity
You will indemnify Katy Construction Co., and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Katy Construction Co., shall survive beyond any term that these Terms of Use are in effect.

Electronic Communications
When you communicate with Katy Construction Co. electronically, via email or otherwise, you consent to receive electronic communications from Katy Construction Co. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Katy Construction Co. satisfy any legal requirement that such communication be in writing. Katy Construction Co. encourages you to retain your own copies of relevant information.

With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Katy Construction Co. shall have no obligation to protect your communications from disclosure; (ii) Katy Construction Co. shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Katy Construction Co. shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Acquisition of Business
In the event that Katy Construction Co. and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Katy Construction Co. and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.

US Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws.

Disputes and Governing Law
Use of this Website and these Terms of Use shall be governed by the laws of the State of Oklahoma of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use. No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Katy Construction Co. of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Katy Construction Co.’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration and (i) if the dispute involves a US resident, the dispute shall be submitted to binding arbitration in Oklahoma within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

Under no circumstances will you be permitted to obtain awards for, and by accessing and/or using the site you waive all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, and you further waive all rights to have damages multiplied or increased. Any and all claims, judgments, and awards shall be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Katy Construction Co. may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of Oklahoma, in the event that Katy Construction Co. believes that there is a violation, or a threatened violation, of any of Katy Construction Co.’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.

Entire Agreement

These Terms of Use, including all documents and policies referenced herein, represent the entire understanding between Katy Construction Co. and you regarding your use of this Website and supersede any prior statements or representations.

Contact Us
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at jacque@blueringdesignllc.com.