Waterford Construction & Development, Inc.
Web Site Terms and Conditions
Acceptance of Contract Terms
Waterford Construction & Development, Inc. (together with its affiliates, through the website known as WCD www.waterfordconstruction.net
(the "WCD Web Site") makes available information, materials, products and services, subject to the following terms and conditions.
The following are terms of a legal agreement between you and WCD.
Proprietary Rights
You hereby acknowledge the following: (i) WCD permits access to information, software, logos, photos, illustrations, artwork,
video, graphics, music, sounds and other material and services (collectively, "Content") through the WCD Web Site that is
protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid
and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise
herein, the Terms and Conditions and applicable copyright and other laws govern your use of such Content. You may not copy,
reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights.
You acknowledge that WCD and/or any third party Content providers remain the owners of the posted materials and that you
do not acquire any of those ownership rights by downloading or otherwise reproducing Content.
The information on this Web site is protected by copyright: Copyright © 2007 WCD. All rights reserved.
Except as specifically permitted herein, no portion of the information on this Web site may be reproduced in any form or
by any means without the prior written permission from WCD.
Use of Web Site Information
Except as otherwise indicated elsewhere on this site, you may view, copy, print, and distribute documents available on this
Web site subject to the following conditions:
- The document may be used solely for personal, informational, non-commercial purposes;
- The document may not be reformatted, modified or altered in any way;
- Any copy of the document or portion thereof must include the copyright notice above and this permission notice; and
- WCD reserves the right to revoke such authorization at any time and for any reason, and any such use shall be discontinued
immediately upon written notice from WCD.
- You shall not use any information or documents accessible through the WCD Web Site for any commercial purpose or to obtain
direct financial gain (i.e., mass marketing). Any such use shall be deemed a material breach of these Terms and Conditions
and WCD, at its sole discretion, may terminate your right to access the WCD Web Site.
Documents specified above do not include the design or layout of this Web site. Elements of the WCD Web Site are protected
by trade dress and other laws and may not be copied or imitated, in whole or in part.
Warranties and Disclaimers
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND WCD, ALL INFORMATION INCLUDING, WITHOUT LIMITATION,
CONTENT PROVIDED THROUGH THE WCD WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WCD DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THE WCD WEB
SITE.
WCD ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED
BY OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT (INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF WCD) SHALL WCD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOSS OF USE, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING FROM, RELATING
TO OR IN CONNECTION WITH, IN WHOLE OR IN PART, THE USE OR PERFORMANCE OF THE WCD WEB SITE.
THE WCD WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO
THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. WCD MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S), SERVICE(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME WITHOUT PRIOR NOTICE.
Confidential Information; Privacy
To learn more about how WCD protects your personal information, such as your name and address, please refer to the WCD Online
Privacy Statement.
Links to Third-Party Web Sites
The WCD Site contains links to third-party Web sites, which are not under the control of WCD. WCD makes no representations
whatsoever about any other Web site to which you may have access through the WCD Web Site. When you access a non-WCD Web
site, you do so at your own risk and WCD is not responsible for the accuracy or reliability of any information, data, opinions,
advice or statements made on these sites. WCD provides these links merely as a convenience and the inclusion of such links
does not imply that WCD endorses or accepts any responsibility for the content or uses of such Web sites.
Indemnification
At WCD’s request, you agree to defend, indemnify and to hold harmless WCD, their officers, directors, shareholders, affiliates,
subsidiaries, employees and agents from and against any losses, liabilities, claims, obligations and/or expenses including,
without limitation, court costs and reasonable attorneys’ fees (collectively, "Damages") arising from, relating to, or in
connection with, in whole or in part (i) your use of the WCD Web Site (ii) your use of a third-party Web site linked to
the WCD Web Site or (iii) your breach of these Terms and Conditions.
System Maintenance
Occasionally, the WCD Web Site will not be available. WCD reserves the right to take the WCD Web Site down at any time if
it deems it necessary, in its sole discretion, for upgrading and/or maintaining the WCD Web Site.
Termination
Your access to the WCD Web Site may be terminated by WCD without prior notice in WCD’s sole discretion at any time, with
or without cause.
Miscellaneous
These Terms and Conditions constitute the entire understanding between you and WCD with respect to the subject matter hereof
and supersedes all prior agreements and understandings, written or oral, with respect to such subject matter.
WCD may assign its rights and obligations under these Terms and Conditions in whole or in part and upon such assignment
WCD will be relieved of any further obligation hereunder.
Should any term, condition or provision of these Terms and Conditions be held to be invalid or unenforceable, the balance
of these Terms and Conditions shall remain in full force and effect and shall be interpreted as if the unenforceable part
did not exist.
The failure of WCD to enforce any provision of these Terms and Conditions shall not be construed as a waiver of such provision
or any other provisions of these Terms and Conditions or of the right of such party thereafter to enforce each and every
provision of these Terms and Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida, without
regard to the conflicts of laws principles thereof. All users of the WCD Web Site mutually submit to the exclusive jurisdiction,
and stipulate to the venue, in any federal or state court located in Hillsborough County, Florida, for the resolution of
any dispute or claim arising under or in accordance with these Terms and Conditions.
