ANDES CONSTRUCTION, INC.
PRIVACY STATEMENT
ATTENTION:
PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE USING THIS
WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE
TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD
MATERIALS FROM THIS SITE.
The Site and its
Use:
The Andes Construction, Inc., Colmex Construction Services & Enviroliners
Web sites are owned and provided by Andes Construction, Inc. from its offices
in Oakland, CA. For purposes herein,
Andes Construction, Inc. and its subsidiaries and affiliated companies (Prior
Mentioned) are collectively referred to as "Andes Construction." The
applicable Web site or sites are referred to herein as the "Site."
Each Site is provided for your personal information and non-commercial use.
Please feel free to browse the Site; however, your access to and use of the Site
is subject to these Terms and all applicable laws.
You shall use the
Site for lawful purposes only. You shall not post or transmit through the Site
any information or material which violates or infringes, in any way, the rights
of others, or which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit through the Site any information
or material which encourages conduct that would constitute a criminal offense,
give rise to liability or otherwise violate any law or administrative ruling or
guidelines, is in violation of these Terms, or which, without Andes’ prior
written approval, contain advertising or any solicitation with respect to
products or services. Any conduct by you that, in Andes’ opinion, restricts or
inhibits any other user from using or enjoying the Site will not be permitted.
The Site contains
information and materials, including but not limited to, text, software,
photos, video, graphics and audio, (collectively "Materials") which
are derived in whole or in part from information and materials supplied by
Andes and other sources, and are protected by international copyright,
trademark and other laws and the entire content of the Site is copyrighted as a
collective work under the United States Copyright Laws. Andes owns the
copyright in the overall selection, coordination, arrangement and enhancement
of such content, and owns the rights in, or license to use, the individual
components of such content. Materials may not be copied, reproduced,
republished, modified, uploaded, posted, transmitted or distributed in any way
or decompiled, reverse engineered or disassembled, including but not limited to
the text, images, audio and/or video, as well as any software (including but
not limited to any images or files incorporated in or generated by the software
or data accompanying such software), except that you may download one copy of
the Materials on any single computer for your personal, non-commercial use
only, provided you keep intact all copyright, trademark and other proprietary
notices and make no change in or deletion of author attribution. This limited
authorization is not a transfer of title in the Materials and by your use of
the Site, you acknowledge that you do not acquire any license, ownership or
other rights to the Materials. Modification of the Materials or use of the
Materials for any other purpose is a violation of Andes’ or such other sources'
copyright, trademark and other proprietary rights and may violate other laws.
The use of any such Materials on any other Web site or networked computer or
environment is prohibited without Andes’ express written consent. If you breach
any of these Terms, your authorization to use the Site automatically terminates
and you must immediately destroy any downloaded or printed Materials.
Disclaimer:
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY
KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF
IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. ANDES
ALSO DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, INCLUDING
BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER
INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE
USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR
INFORMATION SHALL BE AT YOUR SOLE RISK.
ANDES 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 THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE
SITE.
Third-Party
Sites:
Andes may provide as a convenience to you, links to Web sites operated by other
entities and persons, but makes no representations whatsoever about any other
Web site which you may access through this one. Any link to a non-Andes Web
site does not mean that Andes endorses or accepts any responsibility for the
content, or the use of such Web site. If you use these sites, you do so at your
own risk. Andes makes no warranty or representation regarding, and does not
sponsor or endorse, any linked Web sites or the information or materials
appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Andes is affiliated or associated with, or
that any linked site is authorized to use any trademark, trade name, logo, or
copyright of Andes.
Limitation of
Liability:
Your use and browsing of the Site is at your risk. If you are dissatisfied with
any of the Materials contained in the Site, or with any of these Terms, your
sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO
CIRCUMSTANCES WILL ANDES, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR
INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES
WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE
INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION)
ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF
THE SITE, ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY
OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING
FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER
VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO,
ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY,
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND
WHETHER OR NOT ANDES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ANDES SHALL HAVE NO
LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR
OTHER THIRD PARTY.
Information
Provided By You:
It has been and remains Andes’ policy not to accept or consider ideas,
suggestions or materials other than those that Andes has specifically requested
from you. Accordingly, Andes does not want you to, and you should not, send any
confidential or proprietary information to Andes through the Site unless
specifically requested by Andes. Please note that any unsolicited information
or material sent to Andes will be deemed not to be confidential or proprietary.
By submitting information and material to the Site, you automatically grant to
Andes (or warrant that the owner of such information and material has expressly
granted to Andes) a royalty-free, perpetual, irrevocable, unrestricted, right
and license to use, reproduce, display, perform, modify, adapt, publish,
translate, transmit and distribute, or otherwise make available to other such
information and material (in whole or in part and for any purpose) worldwide
and/or to incorporate it in other works in any form, media, or technology now
known or hereafter developed. You also agree that Andes is free to use any
ideas, concepts, know-how, or techniques that you send Andes for any purpose.
As further provided
above, Andes does not want to receive, and you are deemed to covenant and agree
through the use of the Site not to provide, any information or materials to
Andes that are defamatory, threatening, obscene, harassing, in violation of any
law, governmental requirements or otherwise unlawful, or that incorporate the
proprietary information or materials of another person or entity.
You shall not
upload, post or otherwise make available on the Site any information and
material protected by copyright, trademark or other proprietary right without
the express written permission of the owner of such right(s). You shall be
solely liable for any damages resulting from any infringement of copyright,
proprietary rights, or any other harm resulting from such a submission.
Changes:
Andes reserves the right, in its sole discretion, to revise these Terms at any
time and correct any errors or omissions in any portion of the Site and
Materials. Materials may also be changed, modified, added, or removed and
updated without notice at any time; however, Andes is under no obligation to
update Materials. Andes may also make
changes in the products, services, programs, or prices (if any) described in
the Site at any time without notice. Your continued use of the Site after any
change Andes makes to the Site will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the then-current
Terms because they are binding on you.
Linking to Site:
Anyone linking to Andes’ Site must comply with Andes’ guidelines for linking to
Andes’ Site and all applicable laws.
You may not post links to the Andes website if your company is in the
business or otherwise has the intention of defamation of Andes. All violations to this will be monitored and
prosecuted to the fullest extent of the law.
Governing Law:
These Terms
shall be governed by the laws of the State of California and The United State
of America, without giving effect to any principles of conflicts of law. If any
provision of this Agreement and Terms shall be unlawful, void, or for any
reason unenforceable then that provision shall be severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions.
These Terms
constitute the entire agreement between Andes and you with respect to your use
of the Site. Any cause of action you may have with respect to your use of the
Site must be commenced within six (6) months after the claim or cause of action
arises.
Any and all
prosecution which can take place or be brought on by Andes its employees or
subsidiaries against yourself or your company will require that you and/or your
company cover all court costs associated with prosecution.
Privacy
Overview:
Andes is aware of the need to address Internet privacy issues and we believe
you should be aware of how we intend to treat any information about you that we
might receive on the Internet as a result of your visit to the Site.
Information
About Andes’ On-Line Visitors:
You can visit Andes on the Site without telling us who you are or revealing any
information about yourself. Our web servers collect the domain names, not the
e-mail addresses, of visitors. In general, we gather information about users of
the Site collectively in order to determine, for example, which areas users
access more frequently and which Materials users access the most. This
information helps us to determine what is most beneficial for our users, and
how we can continually create a better overall experience for our users by improving
the content of the Site.
There are times
however, when we may need information from you, such as your name and address.
Customarily, the personal information Andes obtains is used only to respond to
inquiries. We may also ask you to
voluntarily provide us with information for market research such as, your
interests, demographics, and experience with our products.
Cookies:
There is a technology called "cookies" which is an element of data
that a Web site can send to your browser, which may then store on your system.
Some Site pages use cookies so that we can better serve you when you return to
our Site. You can set your browser to notify you when you receive a cookie,
giving the chance to decide whether to accept it.
Web Site Links:
Andes’ Site may contain links to other Web sites such as various business
partners. While Andes tries to link
only to sites that share its high standards and respect for privacy, Andes
cannot take responsibility for the content or the privacy practices employed by
other sites.
Password
Protected Pages:
If you have been granted access by an Andes employee use of password protected
pages, this policy states that your use of said pages deems that you are the
person to whom that username and password was given and the use of material
from password protected areas is only that of your own company or party. In addition your use of the documents on
said pages is for personal internal use only, and does not allow yourself, or
yourself on behalf of your company to duplicate, reproduce or otherwise
distribute the information without the prior consent of Andes or one of its
Management employees. Andes reserves
the right to monitor and record all transactions between authentication servers
and your internet browser during the time you are using password protected
areas of our website. Please remember
to log-off and close your Internet browser when completed using said
items. Your continued log-in will leave
the pages vulnerable to all internet roaming eyes that may be out there.
Changes:
If at anytime Andes changes its privacy commitment, Andes will post those
changes here so that you will know what information Andes gathers and how Andes
might use that information.
LAST REVISION:
March-2005
Posted by: Andes Construction, Inc.’s Webmaster --webmaster (@) andesconst.com—remove
)’s before sending emails to this address
Ó2002-06 DMJR Productions (Andes Construction, Inc.
and Companies)
**This concludes
the Privacy Statement**