Mesquite Advanced Construction

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Terms and Conditions of Use
A. What This Agreement Is - 

This Agreement is a legal contract between You and Derrick, Inc. (Advanced Construction of Mesquite). You should treat it as any other legal contract by reading its provisions carefully, as they will affect Your legal rights. By accessing the Site in any manner, You are affirmatively agreeing to be bound by all of the terms contained in this User Agreement. You may not pick and choose which terms apply to You. If You do not agree with all of the terms in this Agreement, You must cease all access and use of the Site and any other services provided by the Publisher. 

B. Party Definitions and Introductory Terms -

1. The operative parties referred to in this Agreement are as follows:

a. Us, the Publisher - Derrick Inc. dba Advanced Construction of Mesquite, (hereinafter, "ADVANCED", "Us" or "Publisher") is the publisher of the Advanced Construction websites which includes: 
	
	1) mesquiteadvancedconstruction.com
	2) buildinmesquite.com
	3) calaishomes.com

Hereinafter, these websites may be collectively referred to as the "Advanced Network." Hereinafter, when first-person pronouns are used in this Policy, (us, we, our, ours, etc.) they are referring to Derrick, Inc. as publisher and owner of the applicable website. This entity may also be referred to as "Publisher" from this point forward. Additionally, when the terms "The Site" or "Site" are used, these terms refer to the aforementioned Advanced Network of websites as a collective group.

b. You, the User - 

As the user of this Site, this User Agreement will refer to the User as "You" or through any second-person pronouns, such as "Your", or any derivation thereof. Hereinafter, the User of the Site shall be referred to in applicable second-person pronouns. 

2. Consideration - 

Consideration for Your acquiescence to all of the provisions in this Agreement has been provided to You in the form of allowing You to use Our Site and the information thereupon. You agree that such Consideration is adequate, and that it is received upon your viewing or downloading any portion of any content on the Site.

3. Disclaimer - 

The ADVANCED Network of websites is solely owned by Derrick, Inc, which is a General Contractor in the State of Nevada.  
The ADVANCED Network is a resource provided for primarily for the promotion of quality development and construction of residential, commercial and industrial projects.

C. Electronic Signatures / Assent Required - 

Nobody is authorized to access this Site unless they have signed this Agreement. Such signature does not need to be a physical signature, since this Agreement is intended to be governed by the Electronic Signatures in Global and National Commerce Act (E-Sign Act). You manifest Your agreement to this User Agreement by taking any act demonstrating Your assent thereto. Reading or accessing any website in the ADVANCED Network, clicking any link thereupon in the ADVANCED Network manifests your intent to be bound by all of these Terms & Conditions. You should understand that this has the same legal effect as You placing Your physical signature on any other legal contract. 

If You fail to assent to this Agreement, You understand that You are an unauthorized user of the Site. No act or omission by the Publisher should be interpreted as a waiver of the requirement that You assent to this User Agreement. If You fail to do so, You are still bound by the terms of this Agreement by virtue of Your viewing the Site or using any portion of the Site or Publisher's services. However, if You access the ADVANCED Network and fail to assent to this Agreement, You stipulate to and agree to pay the Publisher $5,000.00 for each time You have accessed the Site as liquidated damages for unauthorized access and use, and You agree to pay all of ADVANCED's costs and expenses, including Attorney's fees and costs, incurred in collecting this unauthorized access fee from You.

D. Revisions to this User Agreement -

1. From time to time, ADVANCED may revise this Agreement. We reserve the right to do so, and You agree that We have this unilateral right. You agree that all modifications or changes to this Agreement are in force and enforceable immediately upon posting. The updated or edited version supersedes any prior versions immediately upon posting, and the prior version is of no continuing legal effect unless the revised version specifically refers to the prior version and keeps the prior version or portions thereof in effect.  You agree to review this agreement frequently so that You are kept abreast of all revisions.

II. RESTRICTIONS ON USE OF NETWORK and SITES: 

You agree that You will only use the Network and Sites therein for purposes expressly permitted and contemplated by this User Agreement, namely accessing Construction Drawings for the purpose of submitting a bid proposal to Advanced Construction. You may not use the Site for any other purpose without Our express, prior written consent.  ADVANCED retains the right to grant or deny access at any time to any person or entity who is requesting or has already been granted access to the Site.

III. DISCLAIMER AND INDEMNIFICATION:  

A. You agree to defend and indemnify Us should any third party be harmed by Your illegal or tortious actions or should We be obligated to defend any claims including, without limitation, any criminal or civil action brought by any party as a result of your use of the Site. 

B. You agree to defend, indemnify, and hold harmless the Publisher, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from Your (or while under another person's authority including without limitation to governmental agencies), use, misuse, or inability to use the Site or any of the Materials contained therein, or Your breach of any part of this User Agreement. 

IV. LIMITATION OF LIABILITY:

In no event shall ADVANCED (or its licensors, agents, suppliers, resellers, service providers, or any other subscribers or suppliers) be liable to You, or any other third party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including (but not limited to), damages for loss of profits, loss of information, business interruption, revenue, defamation, invasion of privacy, or infliction of emotional distress (intentional or negligent), which may arise from any person's use, misuse, or inability to use the Site or any of the materials contained therein, even if Publisher has been advised of the probability of such damages. 

V. LINKS AND LINKING: 

A. Some websites which are linked to the Site are owned and operated by third parties. Because the Publisher has no control over such websites and resources, You acknowledge and agree that Publisher is not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources. 

B. You further acknowledge and agree that Publisher 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 use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If You decide to access any such third-party website, You do so entirely at Your own risk and subject to any terms and conditions and privacy policies posted therein. 

C. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by this Site's User Agreement, Spam Policy, Webmaster Agreement, or Privacy Policy, which are incorporated into this Agreement by reference. 

D. Links to external websites or inclusions of advertisements do not constitute an endorsement by the Publisher of such websites or the content, products, advertising, or other materials presented on such Site, but are for user's convenience. 

E. You hereby agree to hold the Publisher harmless from any and all damages and liability that may result from the use of links that may appear on the Site. 

VI. TRADEMARK INFORMATION:

A. Publisher and the aforementioned name of the Site may be a service mark and/or trademark of the Site. The name of the Site and the name of the Publisher are considered trademarks owned by the Publisher. We aggressively defend Our intellectual property rights. You may use them in a manner that constitutes Fair Use, but you may not use them in any manner that would suggest that ADVANCED endorse's any external sites or products. 

B. Other manufacturers' product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks. If your use would be Fair Use or otherwise privileged, your use is permitted. However, you bear the risk of suit and you will indemnify and defend us in the event that suit or an arbitration is filed due to your use. 

VII. COPYRIGHT INFORMATION:

A.The Materials accessible from the Site, and any other World Wide Website owned, operated, licensed, or controlled by ADVANCED, is the ADVANCED's proprietary information and valuable intellectual property and ADVANCED retains all right, title, and interest in the Materials and in all of its websites.  

B.You agree to limit Your use of materials you view, download or print from the Site for the express purpose of providing ADVANCED with a bid proposal for specific construction jobs as posted on the Site.  Furthermore, You agree to destroy all electronic or paper copies of the specific job Materials viewed, downloaded or printed from the Site in any instance where Your bid is not selected and awarded by ADVANCED for that specific job.  

C.Materials accessible from the site may not be changed for use on any other job or project whatsoever, without the express written consent of Derrick, Inc.  

VIII.AFFIRMATION:

BY CHECKING THE "AGREEMENT CHECKBOX" YOU AFFIRM THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO AND WILL ABIDE BY THESE TERMS AND CONDITIONS.
I have read and agree to the Terms and Conditions of Use: