Terms and Conditions

Last updated January 10, 2022

AGREEMENT TO TERMS
These terms of use constitute a legally binding agreement between you and Musk Construction regarding your access and use of the musk-construction.com website and related media. By accessing the site, you agree that you have read and understood these terms of use and agree to be bound by them. If you do not agree to these terms of use, discontinue use of the site immediately.

Musk Construction may modify these terms of use at any time. We will notify you of changes by updating the "Last updated" date. Continuing to use the site after changes are posted means you agree to the revisions. It is your responsibility to review terms of use periodically for updates.
The site's information is not intended for distribution or use contrary to law. Those accessing the site from other locations do so at their own initiative and are solely responsible for compliance with local laws, if applicable.

The site is intended for users 13 years of age and older. If under 13, you must have parental permission and supervision to use the site. If a minor, your parent or guardian must agree to these terms of use before your use of the site.

INTELLECTUAL PROPERTY RIGHTS
We own or license all website content, including source code, databases, software, and design. This content is protected under copyright, trademark, and other intellectual property laws.
You may access and use the website and download content for personal, non-commercial use only. We do not allow copying, republishing, or other commercial use of the website or content without express permission.

We grant a limited license for personal, non-commercial use of the website and content. All other rights are reserved.

USER REPRESENTATIONS
To access this platform, you confirm that:
  1. You have the legal authority to agree to these Terms of Service.
  2. You are 13 years of age or older.
  3. You are not a minor or have obtained parental or legal guardian permission if under the legal age of consent.
  4. You will not access this platform using automated software or tools.
  5. You will not use this platform for illegal or unauthorized purposes.
  6. Your use of this platform will comply with all applicable laws and regulations.
Providing inaccurate, misleading, or incomplete information may result in account suspension or termination and denial of current or future platform access.

PROHIBITED ACTIVITIES
You may only access and use the Site for its intended purposes. The Site cannot be used for commercial purposes unless specifically permitted by us. As a Site user, you may not:
  • Access or use the Site for unauthorized purposes
  • Use the Site in connection with commercial endeavors not approved by us

USER-GENERATED CONTRIBUTIONS
We may allow users to submit content to our website, including text, images, video, audio, and other materials ("User-Generated Content"). User-Generated Content may be publicly viewable on our website and third-party sites. By submitting User-Generated Content, you represent and warrant that:
  1. Your submission does not infringe on third-party rights, including copyright, patent, trademark, trade secret, or moral rights.
  2. You have permission to submit and authorize use of your content as outlined in our Terms of Use.
  3. You have obtained consent from individuals featured in your submission to use their name and likeness.
  4. Your submission is not false, misleading, spam, unauthorized advertising, or otherwise objectionable.
  5. Your submission does not ridicule, harass, threaten, or abuse others.
  6. Your submission complies with all applicable laws and does not violate third-party privacy or publicity rights or exploit minors.
Violating these terms may result in termination of your account access.

Contribution License
By submitting content or feedback, you agree:
  • We may access, store, and use your submissions as outlined in our Privacy Policy
  • We may use and share any feedback for any purpose without compensation
  • You retain full ownership of submissions and intellectual property
  • We are not liable for statements or representations in your contributions
  • You agree to hold us harmless from claims related to your contributions

SUBMISSIONS
By submitting any questions, comments, suggestions, ideas, or other feedback regarding the Site ("Submissions"), you acknowledge and agree that such Submissions become our sole property. We shall have exclusive ownership of all rights in the Submissions, including intellectual property rights, and shall be entitled to use and disseminate the Submissions on an unrestricted basis for any lawful purpose, commercial or otherwise, without any attribution or compensation to you. You hereby waive all moral rights that you may have in the Submissions, and you warrant and represent that the Submissions are original with you or that you have obtained all rights necessary to submit the Submissions. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY CONTENT
The Site may contain links to other websites or display content from third parties. We do not monitor or verify third-party websites or content for accuracy, appropriateness, or completeness. We are not responsible for third-party websites, content, opinions, reliability, privacy practices, or other policies. Including or linking to third-party websites or content does not imply our approval. If you access third-party websites or use third-party content, you do so at your own risk. Review the applicable terms and policies, including privacy practices. Purchases through third-party websites are between you and the third party. We do not endorse third-party products or services and are not responsible for any harm from your purchases. We are not responsible for losses or harm from third-party content or websites.

SITE MANAGEMENT
We reserve the right to:
  1. Monitor the Site for Terms of Use violations
  2. Take appropriate legal action against users violating laws or Terms of Use, including reporting to authorities
  3. Disable user content or access in violation of laws or Terms of Use
  4. Remove or disable excessively large files or burdensome content
  5. Manage the Site to protect rights, property, and proper functioning

PRIVACY POLICY
We value privacy and security. Our Privacy Policy governs data collection and use. By accessing the Site, you agree to the Policy and to U.S. data processing. The Site is hosted in the United States. Data of E.U. residents will be transferred and processed in the U.S. We do not knowingly collect or solicit data from children under 13. If we discover verifiable information from a child under 13, we will delete it promptly.

TERM AND TERMINATION
We may restrict or terminate your access to and use of the Site, including by blocking certain IP addresses, at any time and without notice for any reason.
If we suspend or terminate your account, you may not register a new account under your name, a fake or borrowed name, or the name of a third party, even if acting on the third party's behalf.
In addition to account suspension or termination, we may take legal action against violations of these Terms of Service or applicable laws and regulations.

MODIFICATIONS AND INTERRUPTIONS
We may modify or discontinue the Site, or any part of it, at any time without notice. We are not obligated to update information or maintain the Site.
We cannot guarantee constant availability of the Site. Technical issues may result in interruptions or errors. We may need to perform maintenance, which could lead to delays or unavailability.
We may change or end the Site at any time without notifying you. You agree that we are not liable for any loss or damage from inability to access the Site during downtime or discontinuation.

GOVERNING LAW
This agreement and your use of the Site are governed by California state law. The laws of California applicable to agreements entered into and performed in California govern this agreement without regard to conflict of law principles.

CORRECTIONS
The site may contain typographical errors or inaccuracies. We reserve the right to correct any errors or update information without notice.

DISCLAIMER
The website and services are provided on an "as-is" and "as-available" basis. You agree that your access and use of the site and services is at your sole risk. We make no express or implied warranties or guarantees regarding the site, services, or your access or use thereof, including without limitation with respect to merchantability, fitness for a particular purpose, non-infringement, or otherwise.

We do not guarantee or assume responsibility for:
  • Errors, mistakes, or inaccuracies in website content or linked sites
  • Personal injury or property damage from site use
  • Unauthorized access or disclosure of personal/financial information
  • Interruptions to site access or transmission
  • Viruses, malware, or other harmful components transmitted via the site
  • Errors or omissions in website content
  • Loss or damage of any kind from use of website content
We do not guarantee, endorse, or assume responsibility for any product or service advertised on the site, on linked sites, or on sites/apps featured in ads. As with any purchase, you should exercise caution.

LIMITATIONS OF LIABILITY
We are not liable to you or any third party for any damages arising from your use of the Site, including lost profits or lost data, even if advised of the possibility of such damages. Our maximum liability to you for any reason is the lesser of the amount paid to us. Certain laws do not allow limitations on implied warranties or exclusion of certain damages. If these laws apply, the above limitations may not apply and you may have additional rights.

INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates and their respective officers, agents, and employees, from and against any third-party claims, damages, liabilities, demands, and expenses (including attorneys' fees) arising from:
  1. Your use of the Site
  2. Your breach of these Terms of Use
  3. Your breach of representations and warranties in these Terms of Use
  4. Your violation of third-party rights, including intellectual property rights
  5. Your harmful acts toward other Site users
We may assume control of any defense and settle claims at your expense. You agree to cooperate with us in such defense and settlement at your expense. We will notify you of relevant claims or proceedings once we become aware of them.

USER DATA
We store data you submit to the Site to monitor performance and track usage. Although we regularly back up data, you are responsible for any data you submit or activities you conduct on the Site. We are not liable for loss or corruption of your data, and you waive any claims against us regarding such issues.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
We communicate with you electronically via our website, emails, and online forms. By accessing our website or sending us electronic communications, you agree to receive electronic communications from us. All agreements, notices, disclosures, and other communications we provide to you electronically via email and our website satisfy any legal requirement that such communication be in writing. You agree to the use of electronic signatures, contracts, orders, records, and delivery of electronic notices, policies, and transaction records initiated or completed by us or via our website. You waive any rights or requirements under laws that would otherwise require an original signature or non-electronic records, payments, or credits.

MISCELLANEOUS
These terms constitute the legally binding agreement between the parties regarding use of the service. We reserve the right to modify or assign our rights and obligations under these terms, as needed to comply with applicable law or to accommodate business requirements. However, we are not liable for events outside our reasonable control. If any provision of these terms is found unlawful or unenforceable, the remaining provisions will remain in full force and effect. This agreement does not create any partnership, joint venture, or agency relationship between the parties. You agree that we have not been induced to enter into this agreement by any representations not explicitly set forth herein. You waive any defenses relating to the electronic form of this agreement or lack of a signature copy.

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United States, CA
MUSK CONSTRUCTION
Phone:  (408) 409-1010
info@musk-construction.com