By accessing and/or using the Duncan-Parnell website (the "Site"),
You accept, without limitation or qualifications, the following Terms of Use:
1. Duncan-Parnell maintains this Site for Your personal use, entertainment,
information, education, and communication. Duncan-Parnell grants You the
permission to use and view the Site subject to these Terms of Use.
2. You may not modify, copy, transmit, display, reproduce, publish, license,
create derivative works from, transfer, or sell any information, materials,
software, designs, drawings, content, products or services from the Site
(together "Content") in any form without Duncan-Parnell's prior
written permission. You may print out a copy or download Content solely for Your
personal use. In doing so, You may not remove or alter, or cause to be removed
or altered, any copyright, trademark, trade name, service mark, or any other
proprietary notice or legend appearing on any of the Content.
3. Duncan-Parnell has the right at any time to change or discontinue any
aspect or feature of the Site.
4. You may use the Site for lawful purposes only. You may not post or
transmit through the Site any material which violates or infringes in any way
upon the rights of others, which is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise
objectionable, which encourages conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate any law.
Duncan-Parnell will fully cooperate with any law enforcement authorities or
court order requesting or directing Duncan-Parnell to disclose the identity of
anyone posting such information or materials.
7. The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on the Site are registered and unregistered
Trademarks of Duncan-Parnell and others. Nothing contained on the Site should be
construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission
of Duncan-Parnell or such party that may own the Trademark. Your use of the
Trademarks displayed on the Site, or any other content on the Site, except as
provided in these Terms of Use, are strictly prohibited. Duncan-Parnell will
aggressively enforce its intellectual property rights to the fullest extent of
the law, including seeking criminal prosecution.
8. Your use of and browsing in the Site are at Your sole risk. Neither
Duncan-Parnell, any of its agencies, nor any other party involved in creating,
producing or delivering the Site is liable to You for any direct, incidental,
consequential, indirect, special or punitive damages arising out of Your use of
or access to the Site. THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain
implied warranties, so some of the above exclusions may not apply to You.
9. Duncan-Parnell DOES NOT WARRANT THAT THE SITE OR ITS CONTENTS WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES Duncan-Parnell MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY OR CONTENTS OF ANY INFORMATION, SERVICE, OR PRODUCT PROVIDED THROUGH
THE SITE.
10. Duncan-Parnell does not assume any responsibility or risk for Your use of
the Site. Duncan-Parnell does not guarantee or warrant that files available for
downloading from the Internet will be free of infection of viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy Your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
11. Duncan-Parnell is not undertaking to perform construction, architectural,
engineering, accounting, legal or other professional advice or services. The
drawings and plans (the "Plans") offered for sale on this Site are
offered by their respective owners or licensees only. Duncan-Parnell PROVIDES
THE PLANS WITHOUT WARRANTEES OF ANY KIND, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE AND DISCLAIMS ANY LIABILITY RELATING TO THE ACCURACY OR
INACCURACY, RELIABILITY, OR CONTENTS OF THE PLANS.
12. You will indemnify and hold Duncan-Parnell, its licensors, content
providers, service providers and contractors (the "Indemnified
Parties") harmless from any breach of these Terms of Use by You, including
any use of Content other than as expressly authorized in these Terms of Use. You
agree that the Indemnified Parties will have no liability in connection with any
such breach or unauthorized use, and agree to indemnify any and all resulting
loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of Your use of the information accessed from the Site.
14. These Terms of Use will be governed by the law of the State of Ohio,
without regard to its choice of law provisions. Any legal action, suit or
proceeding brought by it in any way arising out of these Terms of Use must be
brought solely and exclusively in the federal or state courts of the State of
North Carolina located in Charlotte, North Carolina. If any provision of this
agreement is held by a court of competent jurisdiction to be illegal, invalid,
or unenforceable, the remaining provisions shall remain in full force and
effect.
15. Duncan-Parnell may at any time revise these Terms of Use by updating this
posting. You are bound to any such revisions and should therefore periodically
visit this page to review the then current Terms of Use.