Last Modified: May 2024
Terms of Use
Welcome to the Brasfield & Gorrie, L.L.C website. Brasfield & Gorrie, L.L.C. (“Site Manager” or “we”) invites viewers to browse this website (the “Website”) and the linked pages to obtain information about our services. The contents, including images and text, are copyrighted, and we grant a limited license to viewers to download or print pages from this Website for their individual use only, and not for any commercial purposes. Please review these Terms of Use carefully. Use of this Website by viewers is predicated upon their agreement to abide by these terms.
Representations and Warranties
Although the company will make every effort to ensure the timeliness and accuracy of all information within, Brasfield & Gorrie, L.L.C shall bear no liability for any errors or omissions in the materials, whether provided by the company or third parties.
We cannot guarantee continuous or secure access to our services, and the operation of the Site may be interfered with by numerous factors outside of our control. Further, we cannot guarantee that all information on the Site will be accurate or timely at all times.
The Site and the content included on the Site are provided on an as-is and an as-available basis, without warranty of any kind. Accordingly, we expressly exclude, and you expressly waive, all express, implied or statutory warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement of proprietary rights, to the fullest extent permitted by law. Without limiting the generality of the foregoing, to the fullest extent permitted by law, we disclaim any and all warranties for the security, availability, reliability, timeliness, accuracy and performance of content included on the Site and any warranties that your use of the Site and the content included on the Site will be uninterrupted or virus-free. You understand and agree that any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material.
You expressly understand and agree that under no circumstances shall we be liable to you on account of your use or misuse of and reliance on the Site or content contained on the Site. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages (even if we have been advised of the possibility of such damages or if such damages could have been foreseen). Such limitation of liability shall apply whether the damages arise from use or misuse of or reliance on the Site or content contained on the Site or from the interruption, suspension or termination thereof. To the fullest extent permitted by law, we shall not be liable for any loss of money, profits, revenue, data, use, goodwill, reputation or other intangible losses arising out of your use of the Site.
To the fullest extent permitted by law, we shall not be liable for damages relating to any conduct or content of any third party or user of the Site, including defamatory, offensive or illegal conduct or content. These limitations apply to all claims, whether based on warranty, contract, tort or any other legal theory, whether or not a remedy set forth herein is found to have failed its essential purpose.
Some jurisdictions do not allow the disclaimer of warranties, the exclusion of damages or the limitation of liability, so such disclaimers, exclusions and limitations may not apply to you or may be limited in their applicability to you.
No advice or information, whether oral or written, obtained by you from us or through or from the Site shall create any warranty not expressly stated in these Terms and Conditions. You hereby waive any and all claims against the Site Manager, its affiliates and their respective directors, managers, officers, members, shareholders, agents, employees and licensors arising out of your use of the Site and the content included on the Site.
Indemnity
You agree to indemnify and hold harmless the Site Manager, its affiliates and their respective directors, managers, officers, shareholders, members, agents, employees and licensors (the “Indemnified Parties”) from any claim, suit, demand, liabilities, losses, settlement, judgment, damages, costs and expenses (including reasonable attorneys’ fees) (“Claims”) made by any third party due to or arising out of (i) your use or misuse of the Site, (ii) your connection to the Site, (iii) your violation of these Terms and Conditions, (iv) your violation of any law or the rights of a third party or (v) content you submit, post, transmit or otherwise make available through the Site. The Indemnified Parties shall be entitled to participate in the defense of any such Claim without waiving or reducing any of your obligations under this Section. You shall also indemnify the Indemnified Parties for any expenses incurred in enforcing this Section.
Remedies
We reserve the right, without limiting any other remedies available to us, to take appropriate legal action for any illegal or unauthorized use of the Site.
Statute of Limitations
No claim shall be brought against the Site Manager more than one (1) year after the earliest of (i) your last use of the Site, (ii) the date the claim arises or (iii) the termination of these Terms and Conditions. The foregoing time period shall not operate to extend any applicable statute of limitations on such claim.
Use of the Site
You may use the Site only for lawful purposes and in accordance with the Terms. Any use of the Site or any contents on this Site shall be at your own risk, and we accept no liability based on your use of the Site.
All content provided on the Site, including the text, graphics, layout, images, icons, logos, buttons, illustrations, video, audio and software is protected by copyright. As a user of the Site, we grant you a limited, nontransferable, nonsublicensable, nonexclusive, revocable and personal license to access and use the Site solely as permitted by these Terms and Conditions. Except for this limited license, we do not grant you any other rights or licenses with respect to the Site, and such rights and licenses are expressly reserved to us and our licensors.
While using the Site, and unless expressly authorized by the Site Manager or required by specific applicable law, you agree that you will not do the following:
- Violate any laws, third-party rights or these Terms and Conditions;
- Transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
- Manipulate or interfere, or attempt to manipulate or interfere, with the Site, the proper working of the Site, the content on the Site or any activities conducted on the Site;
- Circumvent, manipulate or otherwise attempt to breach any security features or authentication measures we may use to prevent or restrict access to the Site or portions thereof;
- Upload or distribute any virus, Trojan horse, time bomb or other malicious code or technologies that may damage, interfere with or harm, or attempt to damage, interfere with or harm, the Site, the operation of the Site or the interests or property of its users;
- Use any robot, spider, scraper or other automated means to access or monitor the Site for any purpose;
- Use or access the Site in any way that we determine adversely affects the performance or function of the Site or any other computer systems or networks used by us;
- Take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- Use the Site to send altered, deceptive or false source-identifying information; or
- Violate any of our or any third party’s copyrights, trademarks or other proprietary rights.
You are responsible for obtaining access to the Site, and such access may involve third-party fees, such as internet service provider or airtime charges. You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
Third-Party Content Providers
Portions of the content and information provided on this Site have been compiled from third-party sources. We are not responsible for the accuracy, timeliness, or appropriateness for any particular purpose of any third-party content provided on this Site. Moreover, inclusion on this Site of any third party or third-party content does not constitute any endorsement by Brasfield & Gorrie, L.L.C or its affiliates of the third party or any third-party content.
Trademarks
You agree that all of the Site Manager’s and its affiliates’ respective trademarks, trade names, service marks, other logos, brand features and product and service names are the property of the Site Manager and/or its affiliates (the “Marks”). Without the Site Manager’s or its affiliate’s prior permission, as applicable, you agree not to display or use the Marks in any manner. Any third-party trademarks, trade names, service marks, other logos, brand features and product and service names used or referenced by the Site Manager are and shall be the sole property of such third parties, and, unless expressly provided otherwise, such use or reference shall not indicate any sponsorship or endorsement of or affiliation with such third party.
Modifications to the Site
We retain the right to change the form and functionality of the Site with or without notice to you. We also retain the right to create limits on and related to use of the Site in our sole discretion at any time with or without notice. We may impose limits on the Site or aspects of the Site or restrict access to parts of or the entire Site without notice or liability. We may change, suspend or discontinue any parts of or the entire Site at any time, including the availability of any product, service, feature or content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Unless explicitly stated otherwise, any modifications to the current Site shall be subject to these Terms and Conditions.
Governing Law
These Terms and Conditions and any disputes arising out of or related to the Site shall be governed by and construed and enforced in accordance with the laws of the State of Alabama, without reference to its conflict of laws principles, and, by using the Site, you consent to the jurisdiction of the state and federal courts located in Jefferson County, Alabama.