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Terms of Use

GEEDINGCONSTRUCTION.COM TERMS OF USE  

WELCOME TO WWW.GEEDINGCONSTRUCTION.COM.  GEEDING CONSTRUCTION, INC. (“Geeding”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms of Use”).  PLEASE READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY.  YOUR USE OF THIS WEBSITE IS YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW.  By using our website, you agree to these Terms of Use.  We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time.  You should check these Terms of Use periodically for changes.  By using this website after we post any changes to these Terms of Use, or affirmatively accepting such changes, as may apply, you agree to accept those changes, whether or not you have reviewed them.  IF YOU DO NOT AGREE WITH ANY OR ALL OF THE PROVISIONS OF THESE TERMS OF USE, DO NOT ACCESS AND/OR USE THIS WEBSITE.  IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS OF USE, PLEASE CONTACT US AT info@geedingconst.com. The privacy statement of www.geedingconstruction.com is hereby incorporated by reference herein.

IMPORTANT – READ CAREFULLY:  This is a legal agreement between you and Geeding.  By accepting these Terms of Use when prompted by this website or by using this website, as may apply, you agree to be and hereby are bound by the terms and conditions of these Terms of Use.  If you do not agree to these Terms of Use, leave this website immediately and do not access and/or use this website.

License:  Geeding or affiliated or third parties granting rights to Geeding hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of Geeding or such affiliated or third parties.  Geeding grants you a limited, personal, non-exclusive, non-assignable and non-transferable license to use and display the materials only on your personal computer or handheld device only for purposes associated with your interaction with this website.  Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner, nor may you reverse engineer or attempt to extract the source code of any software used in connection therewith, unless laws prohibit those restrictions or you have our written permission.  This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use.  Upon termination, you must immediately destroy any downloaded and printed materials.  You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the prior written authorization of Geeding. The Terms of Use apply as long as you use any feature on this website.

General Use Restrictions:  In Geeding’s efforts to promote good citizenship within the Internet community, if Geeding becomes aware of inappropriate use of the website, Geeding will respond in any way that, in its sole discretion, Geeding deems appropriate.  You acknowledge that Geeding will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct.  When legally required, Geeding will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on our website or the Internet.

User Consent:  User Content is not accepted by this website.  If User Content collection is activated on this website and/or a mobile application at any time in the future, then you are solely responsible for sharing information about yourself (including your name, image, and likeness) and any reviews, submissions, messages, notes, text, information, photos, video, listings, and other content that you upload, publish or display (hereinafter, “post”), if any, on or through this website and/or mobile application, or transmit to or share with other users (collectively the “User Content”).  You may not transmit or share User Content on the website and/or mobile application that you did not create or that you do not have permission to transmit or share.  You understand and agree that Geeding may, but is not obligated to, review the website and/or mobile application and may delete or remove (without notice) any website and/or mobile application content or User Content in its sole discretion, for any reason or no reason, including User Content that, in the sole judgment of Geeding, violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.  You are solely responsible, at your sole cost and expense, for creating backup copies and replacing any User Content you post or store on the website and/or mobile application, or provided to Geeding, if any.  You agree that under no circumstances will Geeding be liable in any way for any loss or damage to any User Content you post, e-mail, or otherwise make available to Geeding, if any. 

If and/or when you post User Content to the website or mobile application, you authorize and direct Geeding to make such copies thereof as Geeding deems necessary in order to facilitate the posting and storage of the User Content on the website and/or mobile application.  By posting User Content to any part of this website or mobile application, you automatically grant, and you represent and warrant that you have the right to grant to Geeding an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content. You continue to grant such license to Geeding by your use of the website and/or mobile application.  Geeding reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content submitted through the website and/or mobile application, provided, however, in the event Geeding desires to use or publish any User Contact for a purpose other than to improve and market its products, Geeding shall obtain consent from the creator of such User Content.

We do not endorse any User Content or any opinion, recommendation, or advice expressed on this website and/or mobile application, and we expressly disclaim any and all liability in connection with any User Content. We do not permit copyright infringing activities and infringement of intellectual property rights, and we will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. We may terminate your access to the website or mobile application if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the website or mobile application more than twice.  We also reserve the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  We may remove such User Content and/or terminate your access at any time, without prior notice and at our sole discretion.

Revision and/or Removal of User Content:  If you submit User Content including, but not limited to, email addresses, posted questions or responses, or biographical profile information which you believe to potentially contain personal identifying information, and wish to have such User Content revised and/or removed, you may contact us directly at the following email address: info@geedingconst.com.  Please provide us with (i) a brief description of the User Content that is the subject of your request; (ii) a statement as to what you would like done with the published User Content; and (iii) your email address for purposes of follow-up communication by Geeding.  When you provide us with your email address in this context, its use shall be restricted to purposes solely relating to the revisions and/or removal of such User Content from the website and/or mobile application. 

Indemnification for Unauthorized Activities: Any unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, other applicable laws and regulations and/or the rights of any third party.  You alone are responsible for your actions in relation, and tangential, to your use of this website.  As such, you shall indemnify and hold Geeding and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising directly or indirectly, or for the purpose of avoiding, any claim or demand from a third party that (a) your use of this website, (b) your violation of these Terms of Use, (c) your violation of any applicable law or regulation, or (d) your violation of the rights of any third party.

Third Party Interaction and Links to Third Party Websites:  In your use of this website, you might encounter links to third party websites, services, and advertisements (collectively, “Third-Party Sites & Ads“). Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, interaction, purchase or promotion, is solely between you and the applicable third party. If Geeding provides Third-Party Sites & Ads, Geeding provides such Third-Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third-Party Sites & Ads at your own risk. When you link to Third Party Sites & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Sites & Ads. You agree that Geeding has no liability, obligation or responsibility for any such correspondence, interaction, purchase or promotion between you and any such third party including, but not limited to, any third-party credit card processing agency or any third party that accepts credit cards or other types of payments from you. Further, Geeding and its agents or representatives do not endorse or in any respect warrant any third-party products, services, advice or opinions by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to its articles and related content.

You agree that Geeding shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals.  If there is a dispute between yourself and any third party, you acknowledge and agree that Geeding is under no obligation to become involved.  In the event that you have a dispute with any such third party, you hereby release Geeding, its agents, affiliates, officers, directors, employees, successors and assigns, from any and all liability associated with such dispute. 

Privacy: The privacy statement for geedingconstruction.com is available at https://geedingconstruction.com/privacy-notice/ (“Privacy Notice”).

Intellectual Property:  All the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in this website are owned by Geeding or Geeding’ licensors. The provision of this website does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. Geeding reserves all rights not granted in these Terms of Use.

If you provide Geeding any feedback or suggestions (“Feedback“) regarding this website, you hereby assign to Geeding all rights in the Feedback and agree that Geeding shall have the right to use such Feedback and related information in any manner it deems appropriate. Geeding will treat any Feedback you provide to Geeding as non-confidential and non-proprietary. You agree and affirm you will not submit to Geeding any information or ideas that you consider to be confidential or proprietary.

Copyright Policy:  In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC § 512, this website has designated an agent to receive notices of claims of copyright infringement:

Geeding Construction, Inc.

Attention: Geeding Construction Privacy Lead
600 Highway H
Troy, Missouri 63379

Email: info@geedingconst.com

If you believe your copyright has been infringed, you may provide us with written notice. To be effective, the notification must be a written communication that includes the following:

  • – a physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • – identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • – identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • – information reasonably sufficient to permit us to contact you, including an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • -a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • -a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Trademarks and Images:  The trademarks, logos, and service marks, including those products or services denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered or unregistered trademarks of Geeding and its affiliates, and third parties.  If a Trademark and/or Image is owned by a third party, Geeding or its affiliates has obtained or will obtain permission from such third party to use the third party Trademark and/or Image on this website.  Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of Geeding, its affiliate, or the applicable third party.  Your misuse of Trademarks and/or Images on the website, and the respective contents contained therein, except as provided in these Terms of Use, is strictly prohibited.  You are advised that Geeding will aggressively enforce its intellectual property rights in the website, and the respective contents of each, to the fullest extent of the law, which may include pursuing criminal sanctions.

Disclaimer of Warranties:  Your use of this website is at your own risk.  This website may include inaccuracies or errors.  The content contained on the website has not been independently verified or authenticated in whole or in part by Geeding.  Geeding has no liability for any faults, errors or omissions in any content or other products or services described on the website, whether provided by Geeding or third parties.   


THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY.  GEEDING, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, PRODUCTS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE WEBSITE INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE DESCRIBED OR OFFERED ON THE WEBSITE.  FURTHER, WE MAKE NO WARRANTY THAT THE WEBSITE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. DUE TO THE INHERENT NATURE OF THE INTERNET, WE CANNOT GUARANTEE THAT INFORMATION, DURING TRANSMISSION THROUGH THE INTERNET OR WHILE STORED ON OUR SYSTEM OR OTHERWISE IN OUR CARE, WILL BE ABSOLUTELY SAFE FROM INTRUSION BY OTHERS, SUCH AS HACKERS. GEEDING ASSUMES NO LIABILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY CONTENT.

GEEDING IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE WEBSITE, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN ANY ACTIVITIES ON THE WEBSITE, OR DOWNLOADING MATERIALS. YOU UNDERSTAND THAT IF YOU DOWNLOAD ANY MATERIAL, YOU DO SO AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL GEEDING BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE WEBSITE, ANY CONTENT POSTED ON OR THROUGH THE WEBSITE, OR CONDUCT OF ANY USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. WE CAN, WHENEVER WE WANT, EDIT OR DELETE ANY CONTENT DISPLAYED ON THE WEBSITE. ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.

GEEDING WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS WEBSITE, OR YOUR INABILITY TO USE THE SAME, EVEN IF GEEDING HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE EXCLUSIONS ENUMERATED HEREIN MAY NOT APPLY TO YOU.

             
Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, GEEDING DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

Geeding shall not be liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to break-down of the World Wide Web or this website, war, terrorism, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, accident, fire, explosion, flood, hurricane, severe weather or other act of God.

Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms of Use (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of (a) Fifty US Dollars ($50.00) and (b) amounts you have paid Geeding in the prior 12 months (if any).  The existence of more than one claim will not enlarge the foregoing limit.  You agree that our affiliates shall have no liability of any kind arising from or relating to these Terms of Use. 

Inaccuracies or Errors: The descriptions, materials, submissions, and other representations of products or services on this website may contain inaccuracies and errors.  Geeding does not make any warranty or representation with respect to the accuracy or completeness of any such information.  Furthermore, the prices and availability of products or services described on this website may change without notice to you at any time.

Local Laws; Export Control:  Geeding controls and operates the website from its headquarters in the United States of America and makes no representation that the products or services described on the website are appropriate or will be available for use in other locations.  If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws.  

Contact Details: Contact us at [INSERT PHONE NUMBER] or info@geedingconst.com.

Your Representations: You hereby represent and warrant that you are age 18 or older, that you have read these Terms of Use and thoroughly understand the terms contained in these Terms of Use. You further represent that Geeding has the right to rely upon all information which may have been provided to Geeding by you, and Geeding may contact you by email, provided you have registered to receive such emails and have not affirmatively opted out of receiving such correspondence by emailing info@geedingconst.com after having initially registered to receive such correspondence pursuant to our Privacy Notice.

In addition, you agree not to use this website to:

  • upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data;
  • harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • interfere with, disrupt, or create an undue burden on servers or networks connected to this website, or violate the regulations, policies or procedures of such networks;
  • attempt to gain unauthorized access to this website, other computer systems or networks connected to or used together with this website, through password mining or other means;
  • tamper with any copyright protection mechanisms applicable to content on the website;
  • introduce software or automated agents or scripts to the website so as to generate automated searches, requests and queries, or to strip, scrape, or mine data from the website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).

No Class Actions: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSION OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

No Trial By Jury: TO THE EXTENT ALLOWED BY LAW, YOU WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING.

Terms of Use Revisions:  Geeding may revise these Terms of Use at any time without notice by updating this posting. Your continued use of the website after such modifications have been made, or your affirmative acceptance of such changes, as may apply, will constitute your acceptance of such revised Terms of Use.

Applicable Law:  Any action related to these Terms of Use will be governed by the laws of the State of Missouri, without regard to the choice or conflicts of law provisions of any jurisdiction.  You agree to submit to the jurisdiction of the courts located in St. Louis County, Missouri, United States of America, for the resolution of all disputes arising from or related to these Terms of Use and/or your use of the website.

If an action is filed by either party claiming breach of these Terms of Use and we prevail, Geeding and its affiliates shall be entitled to recover reasonable attorneys’ fees, costs, and any damages or other relief that we may be awarded.

If we have to provide information in response to a subpoena related to your account or license, then we reserve the right to charge you for our costs, which may include (but are not limited to) attorneys’ and employees’ time spent retrieving the records, preparing documents, and participating in a deposition.

Entire Agreement. These Terms of Use (including the Privacy Notice) constitutes the entire agreement between you and us regarding the use of this website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Neither yourself or Geeding, or its affiliates, is an agent or partner of the other. These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Geeding’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of these Terms of Use shall be binding upon assignees.

Copyright © 2019 Geeding Construction, LLC.  All rights reserved.