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Terms of Use These Terms of Use shall apply to all websites owned and/or operated by Ken Tibble's Roofing, including without limitation the website on which these Terms of Use are posted parents, subsidiary and/or affiliate entities whether or not referred to directly as Ken Tibble's Roofing. Active maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by Active (the "Ken Tibble's Roofing Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and Active’s Privacy Policy separately provided, as well as all applicable laws and regulations. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THE Ken Tibble's Roofing SITES AND MUST NOT ACCESS OR USE THEM. Ken Tibble's Roofing may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the Ken Tibble's Roofing. Sites indicates your agreement with any such changes. You further understand and agree that any updates, enhancements or added features of any Ken Tibble's Roofing Sites or services shall be made part of these Terms of Use. Additionally, certain of the Ken Tibble's Roofing. Sites may be subject to registration, processing and handling fees and/or subject to additional terms of use (e.g. eteamz.com). You are responsible for promptly paying those fees to insure your right to access the associated Ken Tibble's Roofing Sites and/or services. Copyright. Ownership. All content included on the Ken Tibble's Roofing Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collection, arrangement and assembly), are the property of Ken Tibble's Roofing or its content suppliers and protected by U.S. and international copyright laws. You acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Ken Tibble's Roofing Sites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Active or such advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Ken Tibble's Roofing Sites, services, products or software, in whole or in part. Permitted Use. The content and software on the Ken Tibble's Roofing Sites may be used as an information, entertainment, registration and/or shopping resource. In addition, Ken Tibble's Roofing hereby authorizes you to view, copy, download, and print for personal use only any Ken Tibble's Roofing-owned content on the Ken Tibble's Roofing Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by Ken Tibble's Roofing licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by Ken Tibble's Roofing, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the Ken Tibble's Roofing Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the Ken Tibble's Roofing Sites, the Ken Tibble's Roofing logos or other design elements or software. Any use of the Ken Tibble's Roofing Site content not described herein is strictly prohibited. You also shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software contained in any Ken Tibble's Roofing Site. You agree not to modify any software for an Ken Tibble's Roofing Site in any manner or form, nor to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Ken Tibble's Roofing Sites. You agree not to access the Ken Tibble's Roofing Sites by any means other than through the interface that is provided and authorized by Active. Copyright Complaints. Ken Tibble's Roofing respects the intellectual property of others, and we ask our content partners and Ken Tibble's Roofing members to do the same. If you believe that your copyrighted work has been impermissibly copied or used and is accessible on the Ken Tibble's Roofing Sites in a way that constitutes copyright infringement, you may notifyKen Tibble's Roofing by providing Ken Tibble's Roofing's copyright agent the following information: Ken Tibble's Roofing trademarks identify Ken Tibble's Roofing products and services, and let the public know the source of those products and services. You may make comparative or other nominal fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution to Ken Tibble's Roofing. Other uses require written permission from Ken Tibble's Roofing, and absent such express permission, you agree not to use or display the Ken Tibble's Roofing trademarks in any manner. Please make such requests by e-mail to kentibblesroofing@twcny.rr.com; we will evaluate your request as soon as possible. Ken Tibble's Roofing Trademarks include, without limitation, those published and searchable on the United States Patent and Trademark Office located at http://www.uspto.gov at “Search Trademarks” and the Canadian Trademark Office at: http://strategis.ic.gc.ca/sc_mrksv/cipo/welcome/welcom-e.html at “Search” indicating Ken Tibble's Roofing Network as the identified owner for conducting such search. User Submissions and Content Ken Tibble's Roofing may provide interactive areas on theKen Tibble's Roofing sites, in which users may post communications. You understand that all information (including your member name or user name), data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Ken Tibble's Roofing, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Ken Tibble's Roofing Sites. Active does not control the Content posted via the Ken Tibble's Roofing Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Ken Tibble's Roofing Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Active be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Ken Tibble's Roofing Sites. You further understand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Ken Tibble's Roofing does not claim ownership of any Content submitted and/or posted by you on any Ken Tibble's Roofing Site(s). However, by submitting and/or posting any Content to the Ken Tibble's Roofing Sites, you grant Ken Tibble's Roofing a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. In consideration of being allowed to use the Active interactive areas and Active Sites, you agree not to: impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Ken Tibble's Roofing You acknowledge, consent and agree that Ken Tibble's Roofing may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Ken Tibble's Roofing, its users and the public. You understand that the technical processing and transmission of the Ken Tibble's Roofing Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Ken Tibble's Roofing Sites and software embodied within the Ken Tibble's Roofing Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by M&C Fusco, Inc. and/or content providers who provide content to the Ken Tibble's Roofing Sites. You may not attempt to override or circumvent any of the usage rules embedded into the Ken Tibble's Roofing Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Ken Tibble's Roofing Sites, in whole or in part, is strictly prohibited. Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to Ken Tibble's Roofing through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confidential or proprietary information; (ii) Ken Tibble's Roofing is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) Ken Tibble's Roofing shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) Ken Tibble's Roofing may have something similar to the Submissions already under consideration or in development; (v) your Submissions shall automatically become the property of Ken Tibble's Roofingwithout any obligation of Active to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from Ken Tibble's Roofing Links; Third Party Services; Promotional Messages As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against M&C Fusco, Inc. with respect to such sites. In addition, you may order services or merchandise through the Ken Tibble's Roofing Sites from other persons not affiliated with Ken Tibble's Roofing("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the Ken Tibble's Roofing Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. Ken Tibble's Roofing makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider Active, nor will Ken Tibble's Roofing be construed as, a party to such transactions, whether or not Ken Tibble's Roofing may have received some form of revenue or other remuneration in connection with the transaction. You agree that Ken Tibble's Roofing will not be liable for any costs or damages arising out of such transactions, either directly or indirectly. Ken Tibble's Roofing and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. Ken Tibble's Roofing makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither Ken Tibble's Roofing nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Ken Tibble's Roofing such as newsletters, content, messages, and announcements, and that these communications are considered part of your access of the Ken Tibble's Roofing Sites and services and that you may not be able to opt out of receiving such communications in every instance. Disclaimer of Warranties YOU EXPRESSLY AGREE THAT USE OF Ken Tibble's Roofing IS AT YOUR SOLE RISK. Ken Tibble's Roofing IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Ken Tibble's Roofing AND ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INFORMATION ON THE Ken Tibble's Roofing SITES OR OTHERWISE BY M&C FUSCO, INC. IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Ken Tibble's Roofing NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN Ken Tibble's Roofing, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. Ken Tibble's Roofing ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON Ken Tibble's Roofing CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ONKen Tibble's Roofing. Ken Tibble's Roofing MAKES NO WARRANTY THAT THE Ken Tibble's Roofing SITES' SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. ACTIVE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN, OR PROVIDED IN CONNECTION WITH, THE Ken Tibble's Roofing SITES. Ken Tibble's Roofing IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS, OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ACTIVE SITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Limitation of Liability Ken Tibble's Roofing., ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Ken Tibble's Roofing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE Ken Tibble's Roofing SITES, PRODUCTS OR SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Ken Tibble's Roofing SITES; (C) USE BY YOU OF ANY TRAINING PROGRAM OR ANY OTHER PRODUCT PURCHASED THROUGH Ken Tibble's Roofing; (D) YOUR PARTICIPATION IN ANY PROMOTION OR PROGRAM COORDINATED BY ACTIVE; (E) PERSONAL INJURY NOT CAUSED BY Ken Tibble's Roofing GROSS NEGLIGENCE; (F) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE M&C Ken Tibble's Roofing; OR (H) ANY OTHER MATTER RELATING TO THE ACTIVE SITES, OR Ken Tibble's Roofing PRODUCTS OR SERVICES. YOU AGREE THAT Ken Tibble's Roofing MAXIMUM LIABILITY TO YOU, FOR ANY REASON OR CAUSE WHATSOEVER, SHALL NOT EXCEED THE TOTAL AMOUNT OF MONIES RECEIVED BY Ken Tibble's Roofing FROM YOU. Indemnification You agree to defend, indemnify and hold harmless Active, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees or the author of any training program from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of Ken Tibble's Roofing services; the Ken Tibble's Roofing Sites; any other websites accessed from or affiliated with the Ken Tibble's Roofing; any products purchased off of the Ken Tibble's Roofing or websites available from or related to the Ken Tibble's Roofing Sites; the use by you of any training programs purchased through Ken Tibble's Roofing; your violation of these Terms of Use; content you submit, post, transmit or otherwise make available through the Ken Tibble's Roofing Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. Termination Ken Tibble's Roofing reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access the Ken Tibble's Roofing Sites and/or any other service provided to you by Ken Tibble's Roofing upon; (a) any breach by you of these Terms of Use or upon your demonstration of conduct that Ken Tibble's Roofing. determines to be inappropriate; (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Ken Tibble's Roofing Sites and/or Ken Tibble's Roofing services (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Where your account or registration with Ken Tibble's Roofing is terminated, you may be required to forfeit any credits, pre-paid fees, and any other amounts collected by Ken Tibble's Roofing as part of your use and registration of the Ken Tibble's Roofing Sites. Ken Tibble's Roofing shall not be required to refund, redeem or pay any such amounts to you, and you shall remain liable to Ken Tibble's Roofing for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content and other information related to your registration and account may also be deleted by Ken Tibble's Roofing in its sole discretion without any notice or liability to you. Active shall not be liable to you or any third party for any termination of your account, any associated account related or identifying information, or access to the Ken Tibble's Roofing Sites and/or Active services. Applicable Law; Consent to Jurisdiction Ken Tibble's Roofing sites (excluding linked sites) are controlled by Ken Tibble's Roofing from its offices within the State of New York, United States of America. The Ken Tibble's Roofing sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the Ken Tibble's Roofing Sites both you and Ken Tibble's Roofing agree that the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the Ken Tibble's Roofing Sites. You agree that exclusive jurisdiction for any dispute with Ken Tibble's Roofing, or in any way relating to your membership or use of Ken Tibble's Roofing, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any dispute including any claim involving Ken Tibble's Roofing. or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Miscellaneous Ken Tibble's Roofing reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, these Terms of Use, the Ken Tibble's Roofing Sites and/or Ken Tibble's Roofing services (or any part thereof) with or without notice. Ken Tibble's Roofing shall not be liable to you or to any third party for any modification, suspension or discontinuance. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. M&C Fusco, Inc. may assign its rights and obligations under these Terms of Use and upon such assignment Ken Tibble's Roofing may be relieved of any further obligation hereunder. You represent to Ken Tibble's Roofing that you have the authority to register with Ken Tibble's Roofing according to these Terms of Use. The failure of Ken Tibble's Roofing to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Ken Tibble's Roofing may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail or postings on the Ken Tibble's Roofing Sites. Except for certain Ken Tibble's Roofing licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to these Terms of Use. With your prior approval, Ken Tibble's Roofing reserves the right to charge fees, surcharges and/or membership fees at any time. Please see our Credit Card Payment Policies for additional information. Please report any violations of these Terms of Use by contacting: Ken Tibbles Roofing 820 West Main Street, Watertown, NY 13601. Phone: 1.315.785-1011 http://www.kentibbleroofing.com |