Bender’s Construction maintains this site (the "Site") for your personal information, education and communication. Please feel free to browse through the Site. You may download material displayed on the Site for your personal use only, provided you also retain all copyright and other proprietary notices contained on the material. You may not, however, distribute, reproduce, modify, transmit, reuse, report, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Bender’s Constructions express, prior written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.
1. You should assume that everything you see and read on the Site is copyrighted unless otherwise noted and may not be reproduced or used in any manner except as provided in these Terms and Conditions or in the text on the Site without the written permission of Bender’s Construction. Bender’s Construction neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Bender’s Construction.
2. While Bender’s Construction uses reasonable efforts to include accurate and up to date information on the Site, Bender’s Construction makes no warranties or representations as to its accuracy. Bender’s Construction assumes no liability or responsibility for any errors or omissions in the content of this Site.
3. You understand and expressly agree that your use of southwindflooring.com services and browsing on the Site are solely at your own risk. Neither Bender’s Construction nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages of any kind arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS", AS AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. (Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.) Bender’s Construction assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any content, user communications or personalization settings. Bender’s Construction also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video or audio from the Site.
4. You agree to indemnify, defend and hold harmless Bender’s Construction, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of our services, your violation of our Terms of Services (including, but not limited to, a breach of your warranties and representations herein), or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Service will inure to the benefit of Bender’s Construction successors, assigns, and licensees. These Terms of Service will be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to its conflicts of laws provision or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
Images of people or places displayed on the Site are either the property of, or used with permission by, Bender’s Construction. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communication regulations and statutes.
The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Site, including, but not limited to, the registered Bender’s Construction mark and the Bender’s Construction logo, are registered trademarks or trademarks of Bender’s Construction in the United States and other countries or their respective third-party owners. Nothing contained on the Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Bender’s Construction or a third party that may own such Trademark. Your misuse of any Trademark displayed on the Site, or any other content on the Site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Bender’s Construction will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.
Bender’s Construction has not reviewed the external web sites linked to the Site and is not responsible for the content of any off-Site pages or any other web sites linked to the Site. By creating a link to a third party web site, Bender’s Construction does not endorse or recommend any products or services offered or information contained at that web site, nor is Bender’s Construction liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of Bender’s Construction and the third party website may provide less security than the Site. Your use of links from the Site to reach other sites is at your own risk.
Any communication or materials you transmit to or through the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like are, and will be treated as, non-confidential and nonproprietary. Except as set forth in our Privacy Policy, anything that you transmit or post to or through the Site may be used by Bender’s Construction for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, all information submitted to Bender’s Construction through the Site shall be deemed and become the property of Bender’s Construction, and Bender’s Construction shall be free to use any ideas, concepts, know-how, or techniques sent to or through the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or acknowledgement to you.
Bender’s Construction may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
Users alone are responsible for the contents of the messages they communicate when using our services and as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, "spamming", or commercial solicitation or to engage in illegal activities. You represent and warrant that any material you post to or through the Site does not infringe or misappropriate any copyright, trademark, patent, publicity, privacy or other proprietary right of any person. You further agree not to use our services to send any messages or materials that are unlawful or that give rise to civil liability, including but not limited to defamatory, libelous or infringing materials or materials containing computer viruses, Trojan Horses or any other software code designed, intended or likely to cause damage to computer hardware, software or data of Bender’s Construction or any third party.
Bender’s Construction may modify or discontinue any services provided through this Site, with or without notice, without liability to you, any other user or any third party.