TERMS OF SERVICE
LAST UPDATED: ARPIL 25, 2021.
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.
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 firstname.lastname@example.org.
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.
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.
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
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.