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TERMS & CONDITIONS
By accessing this
Website, you agree to be bound by the terms and conditions appearing in
this document and you accept our Privacy Policy which is available here. If
there is anything you do not understand please email any enquiry to
info@offleyandsullivan.com.
In these terms and
conditions "We/us/our/OSC" means Offley & Sullivan
Construction, Inc., "Website" means the website located at www.codemasters.com
(or any subsequent URL which may replace it) and all associated websites
and micro sites of OSC and "You/your" means you as a user of the
Website.
You shall not use the
Website for any illegal purposes, and you will use it in compliance with
all applicable laws and regulations. You agree not to use the Website in a
way that may cause the Website to be interrupted, damaged, rendered less
efficient or such that the effectiveness or functionality of the Website is
in any way impaired;
You agree not to
attempt any unauthorised access to any part or
component of the Website; and You agree that in the event that you have any
right, claim or action against any Users arising out of that User's use of
the Website, then you will pursue such right, claim or action independently
of and without recourse to us.
YOU AGREE TO BE FULLY
RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY,
DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US
AND ARISING OUT OF ANY BREACH OF THE CONDITIONS BY YOU OR ANY OTHER
LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER
PERSON ACCESSING THE WEBSITE USING YOUR PC OR INTERNET ACCESS ACCOUNT.
We reserve the right
to modify or withdraw, temporarily or permanently, the Website (or any part
of) with or without notice to you and you confirm that we shall not be
liable to you or any third party for any modification to or withdrawal of
the Website.
We may alter these
terms and conditions from time to time, and your use of the Website (or any
part of) following such change shall be deemed to be your acceptance of
such change. It is your responsibility to check regularly to determine
whether the Conditions have been changed. If you do not agree to any change
to the Conditions then you must immediately stop using the Website.
The Website is subject
to constant change. You will not be eligible for any compensation because
you cannot use any part of the Website or because of a failure, suspension
or withdrawal of all or part of the Website.
We are not responsible
for the availability of any external sites or resources, and do not endorse
and are not responsible or liable, directly or indirectly, for the privacy
practices or the content (including misrepresentative or defamatory
content) of any third party websites, including (without limitation) any
advertising, products or other materials or services on or available from
such websites or resources, nor for any damage, loss or offence 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 such external sites or
resources.
We have the right, but
not the obligation, to monitor any activity and content associated with the
Website. We may investigate any reported violation of these Conditions or
complaints and take any action that we deem appropriate (which may include,
but is not limited to, issuing warnings, suspending, terminating or
attaching conditions to your access and/or removing any materials from the
Website).
You acknowledge and
agree that all copyright, trademarks and all other intellectual property
rights in all material or content supplied as part of the Website shall
remain at all times vested in us or our licensors. You are permitted to use
this material only as expressly authorized by us.
You acknowledge and
agree that the material and content contained within the Website is made
available for your personal non-commercial use only and that you may
download such material and content onto only one computer hard drive for
such purpose. Any other use of the material and content of the Website is
strictly prohibited. You agree not to (and agree not to assist or
facilitate any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works of such
material and content.
The Website is
Copyright, Offley & Sullivan Construction, Inc. All rights reserved.
WE MAKE NO WARRANTIES,
WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION
WE PLACE ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR
ENDORSEMENT. UNLESS SPECIFIED IN SEPARATE TERMS AND CONDITIONS RELATED TO A
PARTICULAR PRODUCT OR SERVICE, WE MAKE NO WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, OR PRODUCTS OR SERVICES
OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE
SOFTWARE DOWNLOADS) INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY
IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
UNLESS SPECIFIED IN
SEPARATE TERMS AND CONDITIONS RELATED TO A PARTICULAR PRODUCT OR SERVICE,
WE MAKE NO WARRANTY THAT THE WEBSITE OR PRODUCTS OR SERVICES OFFERED ON THE
WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS)
WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE
SERVER THAT MAKES IT AVAILABLE OR PRODUCTS OR SERVICES OFFERED ON THE
WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE SOFTWARE DOWNLOADS)
ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OF CONTENT OR
MATERIAL AS A RESULT OF UPLOADING TO OR DOWNLOADING FROM THE WEBSITE.
YOU ACKNOWLEDGE THAT
WE CANNOT GUARANTEE AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR
THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR
TAKEN FROM THE WEBSITE BY YOU.
WE WILL NOT BE LIABLE,
IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), PRE-CONTRACT
OR OTHER REPRESENTATIONS (OTHER THAN FRAUDULENT MISREPRESENTATIONS) OR
OTHERWISE OUT OF OR IN CONNECTION WITH THE WEBSITE OR PRODUCTS OR SERVICES
OFFERED ON THE WEBSITE WHETHER BY US OR ON OUR BEHALF (INCLUDING FREE
SOFTWARE DOWNLOADS) FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION
LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR
ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR
ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES; IN ANY CASE WHETHER OR NOT
SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF EITHER OF US AT THE DATE ON
WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
We will not be liable
in contract, tort or otherwise if you incur loss or damage connecting to
the Website through a third party's hypertext link.
Notwithstanding any
other provision in the Conditions, nothing shall limit your rights as a
consumer under English law where or insofar as such rights cannot be
derogated from by contract.
Nothing in the
Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our servants, agents or
employees.
If any part of the
Conditions shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed to be severable from these Conditions
and shall not effect the validity and enforceability of any of the
remaining provisions of the Conditions.
Nothing shall be
construed as a waiver by us of any preceding or succeeding breach of any
provision.
These Conditions and
documents referred to herein (as amended from time to time) contain the
entire agreement between you and us relating to the subject matter covered
and supersede any previous agreements, arrangements, undertakings or
proposals, written or oral, between you and us in relation to such matters.
No oral explanation or oral information given by either of us shall alter
the interpretation of these Conditions. You confirm that, in agreeing to
accept these Conditions, you have not relied on any representation save
insofar as the same has expressly been made a representation in these
Conditions and you agree that you shall have no remedy in respect of any
misrepresentation which has not become a term of these Conditions save that
your agreement contained in this Clause shall not apply in respect of any
fraudulent misrepresentation whether or not such has become a term of these
Conditions.
You agree to the terms
of our privacy policy which is available here.
These Conditions will
be exclusively governed by and construed in accordance with the laws of The
United States of America whose Courts will have exclusive jurisdiction in
any dispute, save that we have the right, at our sole discretion, to
commence and pursue proceedings in alternative jurisdictions.
You may send us
notices under or in connection with these Conditions by mail to 13446 Poway Road, Suite 411, Poway, California 92064; by fax to 760.440.9489, by
telephone to 760.440.9382 or by email to info@offleyandsullivan.com. As
proof of sending does not guarantee our receipt of your notice, you must
ensure that you have received an acknowledgement from us, which should be
retained by you.
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