Terms of Use
Last updated: June 28, 2024
Please read these terms and conditions carefully before using our services.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
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Country refers to: New York, United States
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Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Rapp Construction Management, 12 County Route 31, Hudson, NY 12534.
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Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
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Service refers to the Website.
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Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
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Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
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Website refers to RappCM – Construction Management and General Contracting, accessible from https://www.rappcm.com
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You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Linking Agreement
Your use of the name and logo and/or links bearing the name and logo acknowledges Rapp Construction Management’s exclusive ownership of the name and/or right to use the logo. All use of or goodwill associated with the name, logo, our materials, electronic products and/or services will inure to the benefit of Rapp Construction Management. The logo, electronic products and services are provided without warranties of any kind, express or implied, including without limitation, warranties of title or non-infringement. Use of our materials, electronic products and/or services provided at the site is solely at your own risk.
- Linking to the Rapp Construction Management website and use of website materials, name and logo, and technology. Rapp Construction Management appreciates informational and educational uses of the Rapp Construction Management website, our materials, electronic products and/or services, including our name and logo. However, there are limits on the uses, including the use of the name and logo and the links bearing the name and/or logo. Please be aware: by copying and/or downloading material from the Rapp Construction Management website, name and logo, links bearing our name and the logo and/or using our electronic products and/or services you agree to the terms and conditions set forth in this Terms of Use Agreement and any terms and conditions that may be outlined elsewhere on our website. Without limiting any other terms or conditions, the permission to use the Rapp Construction Management website, materials, electronic products and/or services, including our name and the logo and/or links bearing the name and logo, is subject to the following:
- Use of the name and logo or links bearing the name and logo may not indicate or create an impression that Rapp Construction Management endorses, approves, sponsors or is affiliated with your products, goods, services or your website.
- Your use of the name and logo or links bearing the name and logo may not indicate or create an impression that Rapp Construction Management will benefit from the sale of any good or service.
- Links bearing the name and logo may only be used for the purpose of linking to the Rapp Construction Management website as designated within the link.
- The links bearing the name and logo will always be active links.
- The name and logo and/or link bearing the name and logo may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.
- The name and logo and/or link bearing the name and logo may not appear more prominently than your personal, company, product or service website name.
- You will not transfer, assign, sell, reproduce, distribute or otherwise exploit the name and logo or your link to us.
- The Rapp Construction Management name and logo and/or link bearing the name and logo may not appear on any pages of any website that include content or advertising for alcoholic beverages, tobacco, pornography, partisan material, political material or firearms.
- Appropriate action by Rapp Construction Management may include, but is not limited to, the revocation of the right to use the name and logo and/or any links bearing the name and logo, in which event you agree to remove the name and logo and/or the links bearing the name and logo within 2 business days of notice of revocation.
- It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use. PLEASE BE AWARE: violation of someone’s copyright, trademark, or other intellectual property rights may subject you to civil and/or criminal penalties.
- Inappropriate use of Rapp Construction Management materials, electronic products and services and/or technology. It is inappropriate to use the Rapp Construction Management website, our materials, including the Rapp Construction Management name and logo, electronic products and/or services for illegal, inappropriate, or obscene purposes, or in support of such activities.
We define these terms as follows:
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“Illegal activities” are those that violate laws, regulations and/or private agreements, including federal or state laws governing charitable activities, copyright laws, trademark laws, license agreements or other intellectual property rights.
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“Inappropriate uses” are any uses other than as permitted by this Terms of Use and Linking Agreement, or as may be permitted elsewhere on our website.
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“Obscene activities” are those that violate generally accepted social standards for use of this type of material or technology.
PLEASE BE AWARE: RAPP CONSTRUCTION MANAGEMENT MAY SEEK APPROPRIATE ACTION TO TERMINATE ANY USES OF OUR MATERIAL, ELECTRONIC PRODUCTS AND/OR SERVICES INCLUDING, BUT NOT LIMITED TO THE NAME AND LOGO AND LINKS BEARING OUR NAME AND LOGO IN THE EVENT WE, IN OUR SOLE DISCRETION, DETERMINE THAT YOUR USE DOES NOT CONFORM TO ANY OF THE CONDITIONS OF THIS TERMS OF USE AND LINKING AGREEMENT OR AS PROVIDED ELSEWHERE ON OUR WEBSITE; INFRINGES ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF RAPP CONSTRUCTION MANAGEMENT OR A THIRD PARTY; ADVERSELY AFFECTS RAPP CONSTRUCTION MANAGEMENT’S IMAGE, REPUTATION AND/OR OUR PRODUCTS, SERVICES OR PROGRAMS; VIOLATES ANY APPLICABLE LAW, REGULATION OR ORDINANCE; AND/OR IS A PROHIBITED ACTIVITY.
Listed below are some, but not all, prohibited activities that may result in action by Rapp Construction Management:
- Posting, transmitting, or facilitating in the promotion of illegal content through our website or electronic products and services.
- Using our website, our material, electronic products and/or services to harass, threaten, embarrass, or do anything else to another visitor or third party that is unwanted.
- Transmitting or facilitating distribution of content that is untrue, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, defamatory, or objectionable.
Global Office: 465 California Street, Suite 1000, San Francisco, CA 94104, United States Telephone: +1(415)839-4400 Fax: +1 (415) 561-0580 www.roomtoread.org - Using the name and logo or links bearing the name and logo on websites which Rapp Construction Management finds, in its sole discretion, to be objectionable or which includes obscene, violent, intolerant, tasteless, denigrating or sexually oriented content or materials.
- Pretending to be anyone whom you are not. You may not impersonate Rapp Construction Management staff, or anyone else.
- Attempting to get a password, other account information, or other private information from others, or harvest e-mail addresses or other information.
- Posting any unsolicited content or designs, including advertising and promotional materials, at our website.
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- Miscellaneous
- Rapp Construction Management reserves the right to make any change to the information and/or license provided herein at any time for any reason. You acknowledge and agree that you are responsible for keeping up with any such changes.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
- By visiting this page on our website: https://rappcm.com/contact/