Terms of Service
Revised: September 30, 2013
These Terms of Service ("Terms") govern your use of the Raiser Construction Co., Inc. (“Raiser,” “we,” or “us”) website ("Site"). These Terms apply to all users of the Site. By accessing or using the Site, you agree to these Terms.
Some of our services have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a service, we will make them available for you to read through prior to your use of that service. By using such services, you agree to the applicable Additional Terms.
Acceptable Use of the Site
You are responsible for your use of the Site. We prohibit certain kinds of conduct that may be harmful to other users or to Raiser. When you use the Site, you may shall not:
- violate any law or regulation;
- violate or infringe other people's intellectual property, privacy, publicity, or other legal rights;
- use our Site to transmit, distribute, post, or submit any information concerning any other person or entity, including, without limitation, personal contact information of others, without their permission;
- transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- transmit any malicious code or computer viruses;
- stalk, harass, or harm another individual;
- impersonate or misrepresent your affiliation with someone else;
- use any means to "scrape," "crawl," or "spider" any Web pages contained in the Site (although Raiser does allow operators of public search engines to use spiders to index materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and Raiser reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Site in a manner that sends more requests to the Raiser servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
- interfere with or damage our Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
- use, display, mirror, or frame the Site or any individual element within the Site, Raiser’s name, any Raiser trademark, logo, or other proprietary information or the layout and design of any page or form contained on a page, without Raiser’s express written consent;
- access, tamper with, or use non-public areas of the Site, Raiser’s computer systems, or the technical delivery systems of Raiser’s providers;
- attempt to probe, scan, or test the vulnerability of any Raiser system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Raiser or any of Raiser’s providers or any other third party (including another user) to protect the Site;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Raiser will investigate and prosecute violations of any of the above to the fullest extent of the law. Raiser may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Raiser has no obligation to monitor your access to or use of the Site, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
We own or license the content on the Site, including software, text, and visual and audio content (collectively, the "Content") and Raiser's trademarks, logos, and brand elements (collectively, the "Marks"). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
Accuracy of Information
The information available through the Site has been obtained from sources believed reliable. We have not verified it and make no guarantee, warranty, or representation about it. Any projections, opinions, assumptions, or estimates used are for example only and do not represent the current or future performance or characteristics of any property. You and your advisors should conduct a careful, independent investigation of any property to determine to your satisfaction the suitability of any property for your needs. No statements on the Site are to be treated as an offer or to modify any past, pending, or future offer or transaction.
Third Party Content and Interactions
The Site may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of Raiser, including websites, directories, servers, networks, systems, information, databases, applications, software, programs, products, or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Site are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Raiser is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site, or between users and any third party, you understand and agree that Raiser is under no obligation to become involved. In the event that you have a dispute with any other user of the Site, you hereby release Raiser and its affiliates and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site. If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
Changes to the Site
Raiser enhances and updates its Site often. We may change or discontinue the Site, with or without notice to you.
We reserve the right not to provide the Site to any user. We also reserve the right to terminate any user's right to access the Site at any time, in our discretion. If you violate any of these Terms, your permission to use the Site automatically terminates.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAISER AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).
IN PARTICULAR, RAISER AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, any recommendations or other content available on or through the Site), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE. RAISER AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.
RAISER AND ITS AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR ANY LINKED WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RAISER OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RAISER NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SITE OR THESE TERMS WILL NOT EXCEED THE GREATER OF $1,000 OR THE AMOUNTS YOU HAVE PAID US UNDER THESE TERMS IN THE PAST TWELVE MONTHS.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Raiser may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Raiser's liability will be the minimum permitted under such law.
You agree to indemnify and hold Raiser and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees of any kind (including reasonable attorneys' fees and legal costs), arising from or relating to: (a) any information or other content that you submit, post, or transmit on or through the Site; (b) your use of the Site; (c) your violation of these Terms; or (d) your violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights. You shall reasonably cooperate with Raiser in its defense of any claim subject to indemnification hereunder.
Under no circumstances will Raiser be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms or the Site will be filed only in the state or federal courts located in San Mateo County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Raiser to enforce any right or provision of these Terms will not prevent Raiser from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.
Changes to these Terms
We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the “Revised” date shown in the revised Terms. By continuing to access or use our Site, you agree to the revised Terms.