GABBERT & BECK
Web Site Terms and Conditions of Use
The Materials (defined below) on this Web site (“Site”)
are owned and maintained by Gabbert & Beck, Inc. (“Gabbert & Beck”).
Please feel free to browse this Site; however, your access to and use
of this Site is subject to the following terms and conditions (“Terms
and Conditions”) and all applicable laws. By accessing and browsing
this Site, you accept, without limitation or qualification, these Terms
and Conditions.
TERMS AND CONDITIONS
1. Restrictions on Use of Materials.
This Site contains material that is protected by international copyright
and trademark laws. No material or content (including, without limitation,
the text, documents, images, audio and video) and no software available
on or through this Site (individually and collectively the “Materials”)
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way or decompiled, reverse engineered or disassembled,
except that, unless otherwise specified on the Site with respect to particular
Materials, you may download one (1) copy of the Materials on any single
computer and print one (1) copy of the Materials for your personal, non-commercial
use only, provided you keep completely intact and unmodified all copyright
and other proprietary notices. Modification or use of the Materials for
any other purpose is a violation of Gabbert & Beck’s (or other
sources’) copyright, trademark and other proprietary rights. The
use of Materials on any other Web site or networked computer environment
is prohibited without Gabbert & Beck’s express prior written
consent. Gabbert & Beck’s name and logos and all related product
and service names, design marks and slogans are the trademarks or service
marks of Gabbert & Beck, its affiliates and its licensors. You are
not authorized to use any Gabbert & Beck names, logos or marks of
any kind in any advertising, publicity or in any other commercial manner
without the express prior written consent of Gabbert & Beck. Any
unauthorized modification, tampering or change of any information, or
any interference with the availability of or access to this Web site
is strictly prohibited. Gabbert & Beck reserves all legal rights
and remedies available to it.
2. Limitation of Liability and Disclaimer
of Warranty.
Your use and browsing of this Site are at your risk. If you are dissatisfied
with any of the Materials contained in this Site, or with any of these
Terms and Conditions, your sole and exclusive remedy is to discontinue
accessing and using this Site. Gabbert & Beck assumes no responsibility
and shall not be liable for the accuracy, completeness, timeliness, reliability,
relevance or usefulness of any of the Materials contained on this Site.
Gabbert & Beck also assumes no responsibility and shall not be liable
for any damages to, or viruses that may infect, your computer equipment
or other property on account of your access to, use of, or browsing in
this Site or your downloading of any Materials from this Site. Starwood
Hotels & Resorts Wordwide, Inc. is the owner of the URL www.westinedinaresidences.com
(“URL”), and Gabbert & Beck disclaims all liability associated
with the URL.
When using the Site, you agree to abide by all applicable laws and regulations.
You further agree to use the Site solely in accordance with the policies
and procedures posted by Gabbert & Beck from time to time. In addition,
you agree not to do any of the following while using the Site:
• interfere with or disrupt networks connected to the Site or violate
the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the Site, other accounts,
computer systems or networks connected to the Site, through password
mining or any other means;
• interfere with another user’s use and enjoyment of the Site;
• transmit any message, information, data, text, software, graphic
files or other materials (“Content”) that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, that may be invasive of another’s privacy, hateful, racially,
ethnically or otherwise objectionable;
• transmit Content that contains a virus, corrupted files, or other
harmful component;
• impersonate any person or entity, including but not limited to
Gabbert & Beck personnel, or falsely state or otherwise misrepresent
your affiliation with any person or entity;
• post or transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships
(including but not limited to nondisclosure agreements);
• post or transmit any unsolicited advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid
schemes,” contests, surveys, or any other form of solicitation
(commercial or non-commercial);
• intentionally or unintentionally violate or encourage or assist
another to violate any applicable law or regulation in connection with
your use or the other person’s use of the Site; or
• upload or transmit any Content that infringes any patent, trademark,
trade secret, copyright or other proprietary rights of any party.
NEITHER GABBERT & BECK NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE
OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE
IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OR MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT.
3. Links to Third Party Materials.
Gabbert & Beck may provide links (“Links”) to Internet
Web sites maintained by third parties. All Links to other Web sites found
on the Site are publicly available on the World Wide Web and are provided
solely for the convenience of users. Unless expressly stated otherwise,
Links on the Site are not sponsored by, affiliated with, or the responsibility
of Gabbert & Beck, and the owners of such Links are not affiliated
with Gabbert & Beck and do not sponsor or endorse this Site. GABBERT & BECK
HAS NEITHER TESTED NOR VERIFIED THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED
ON ANY LINKS ON THE SITE AND DISCLAIMS ANY WARRANTY OR LIABILITY FOR
DAMAGES ASSOCIATED THEREWITH, INCLUDING, WITHOUT LIMITATION, COMPUTER
VIRUSES OR ANY OTHER DAMAGES TO YOUR COMPUTER AS A RESULT OF YOUR USING
ANY LINKS TO THIRD-PARTY WEB SITES.
4. Indemnification.
You shall defend, indemnify and hold Gabbert & Beck and its directors,
officers and employees harmless from and against any and all claims (including
reasonable attorneys’ fees and costs) resulting from your acts,
omissions, or representations in any way related to this Agreement or
your access to, and use of, this Site.
5. Governing Law; Jurisdiction;
Venue.
These Terms and Conditions shall be construed solely in accordance within
the internal laws of the State of Minnesota, without giving effect to
principles of conflicts of laws. Any actions, proceedings, cases or suits
concerning or relating to these Terms and Conditions and your access
to and use of the Site may be brought exclusively in either a state court
located in Minneapolis, Minnesota, or in the U.S. District Court for
the District of Minnesota, and each party hereby irrevocably consents
and waives any objection to the jurisdiction, convenience and venue of
such courts.
6. Severability.
If any provision of this Agreement is, for any reason, held invalid or
illegal in any respect, such inability or illegality will not affect
the validity of this Agreement itself and there will be substituted for
the affected provision, a valid and enforceable provision which most
closely approximates the intent and economic effect of the invalid provision.
If such provision cannot be amended so as to be valid and enforceable,
then such provision is severable from this Agreement, and the remaining
provisions of this Agreement will remain valid and enforceable.
7. General.
Any failure of Gabbert & Beck to enforce at any time the provisions
hereof shall not be construed to be a waiver of such provisions nor of
the right of Gabbert & Beck thereafter to enforce each and every
such provision. Any waiver by Gabbert & Beck of any provision hereof
must be in writing, and only written waivers shall constitute valid waivers
by Gabbert & Beck of any terms or conditions hereof.
Gabbert & Beck may at any time, in its sole discretion, revise these
Terms and Conditions by updating them on this legal page (“Legal
Page”). Your use of the Site following any such revision
shall be governed by the revised Terms and Conditions, and you shall
be bound to such revised Terms and Conditions for any use subsequent
to such revision. You should, therefore, periodically visit this Legal
Page to review the current Terms and Conditions.
These Terms and Conditions
last revised: April 24, 2006.
BLDR1:50245288.01
|
