hank you for your interest in the Labarca Builders website (the “Site”) provided to you by Labarca Builders (“Company”), as well as all related web sites, networks, downloadable software, and other software, products and services provided by us and on which a link to these Terms of Use is displayed (collectively, our “Service”). This Terms of Use, along with the Labarca Builders Privacy Policy and any other applicable policies, as may be updated from time to time, govern your use of the Service. This Terms of Use is a legally binding contract between you and Labarca Builders regarding your use of the Service.
Certain aspects of the Service may be provided by one or more third parties. Such third parties may have their own policies and end user license agreements (collectively, “Third Party Policies and EULAs”) that apply to your use of the Service. Nothing in this Terms of Use is intended to modify or limit such Third Party Policies and EULAs. This Terms of Use only applies to the Service provided by Labarca Builders.
PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT AGREE, YOU MAY NOT USE THE SERVICE.
You acknowledge and agree that:
Your use of the Service may be subject to separate third party terms of use/service and fees;
You consent to the collection and use of your personally identifiable information and information about your location in accordance with the Labarca Builders Privacy Policy;
The Service is provided “as is” without warranties of any kind and Labarca Builders’ liability to you is limited;
Disputes arising hereunder will be resolved by binding arbitration, AND BY ACCEPTING THIS TERMS OF USE, YOU AND LABARCA BUILDERS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. * Access to certain features of the Service may require access to information about the location of your device, such as GPS coordinates.
By contacting us or activating content on the Service, you agree to subscribe to newsletters, marketing, or promotional materials. You may opt-out at any time by following the unsubscribe link.
1.1 User Content Generally. Certain features may permit users to post content, including messages, reviews, photos, and text (“User Content”). 1.2 Limited License Grant. By posting User Content, you grant Labarca Builders a perpetual, worldwide, non-exclusive, royalty-free license to host, store, use, display, and distribute your User Content in any media formats. 1.3 User Content Representations. You affirm that you are the creator and owner of the User Content and that it does not infringe on any third-party rights or intellectual property. By using this service, you guarantee you are 18 years of age or older. 1.4 User Content Disclaimer. Labarca Builders is under no obligation to edit or control User Content and is not responsible for it. We reserve the right to remove any User Content at any time without notice.
Labarca Builders may provide tools that enable you to export information to third-party services (like Facebook or Instagram). We do not control these third parties and are not responsible for their content or use of your information.
If you violate these terms, your permission to use the Service terminates automatically. Labarca Builders reserves the right to modify or discontinue the Service at any time without notice.
If you provide feedback to Labarca Builders, you acknowledge it is not confidential and we may use it without restriction or payment to you.
Please read the Labarca Builders Privacy Policy carefully. It is incorporated by reference into these Terms of Use.
Labarca Builders reserves the right to change these Terms at any time. Please check periodically for changes.
The Service is owned and operated by Labarca Builders. All visual interfaces, graphics, design, and code are protected by intellectual property laws and remain our property or the property of our licensors.
You agree to defend and indemnify Labarca Builders and its officers from any claims, damages, or expenses (including attorneys’ fees) arising out of your use of the Service or your violation of these Terms.
THE SERVICE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. LABARCA BUILDERS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE THE SERVICE AT YOUR OWN DISCRETION AND RISK.
IN NO EVENT WILL LABARCA BUILDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS IS LIMITED TO THE GREATER OF THE AMOUNTS YOU HAVE PAID US IN THE PRIOR 12 MONTHS OR $100.
These Terms are governed by the laws of the State of Florida. Any legal action permitted under these Terms shall be litigated in the state or federal courts located within Florida.
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Labarca Builders. You may not assign these Terms without our consent.
13.1 Generally. You and Labarca Builders agree that all disputes will be resolved by binding arbitration. YOU WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. 13.2 Exceptions. Either party may bring an individual action in small claims court or seek injunctive relief for intellectual property infringement. 13.3 Arbitrator. Any arbitration will be governed by the American Arbitration Association (“AAA”) and conducted in Florida. 13.4 No Class Actions. CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS PROCEEDING.
By using the Service, you consent to receiving electronic communications from us. These satisfy any legal requirement that such communications be in writing.
The services hereunder are offered by Labarca Builders. You may contact us by submitting a form via the Contact page on our Website.
