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Terms Of Use & ServiceIMPORTANT! THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY BEAR BROTHERS ROOFING. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS OF USE ARE SUBJECT TO CHANGE BY BEAR BROTHERS ROOFING AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY CHANGES. THE DATE, AT THE END OF THIS DOCUMENT, IS THE DATE THIS TOS WAS LAST UPDATED. Restrictions On UseYou may use this site for purposes expressly permitted by this site. You may not (and may not authorize any other party to) (i) co-brand this site, or (ii) frame this site, without the express prior written permission of an authorized representative of BearBrothersRoofing.com. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with BearBrothersRoofing.com in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. Proprietary InformationThe material and content (hereinafter referred to as the "Content") accessible from this site, and any other World Wide Web site owned, operated, licensed, or controlled by BearBrothersRoofing.com is the proprietary information of BearBrothersRoofing.com or the party that provided the Content to BearBrothersRoofing.com, and BearBrothersRoofing.com or the party that provided the Content to BearBrothersRoofing.com, retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of BearBrothersRoofing.com, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the 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. Modification or use of the Content except as expressly provided in these Terms of Use violates BearBrothersRoofing.com's intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site. Hyper-LinksThis site may be hyper-linked to other sites which are not maintained by, or related to, BearBrothersRoofing.com. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or BearBrothersRoofing.com. BearBrothersRoofing.com has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and BearBrothersRoofing.com makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by BearBrothersRoofing.com of that site. SubmissionsBearBrothersRoofing.com will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site. DisclaimerYou understand that BearBrothersRoofing.com cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may 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 this site for the reconstruction of any lost data. BearBrothersRoofing.com does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by BearBrothersRoofing.com. Investors, borrowers, and other persons should use the Content in the same manner as any other educational medium and should not rely on the Content to the exclusion of their own professional judgment. Information obtained by using this site is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is” and without warranties of any kind, either expressed or implied. BearBrothersRoofing.com disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, TITLE, OR NON-INFRINGEMENT. BearBrothersRoofing.com does not warrant that the functions OR CONTENT contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BearBrothersRoofing.com does not warrant or make any representation regarding use, or the result of use, of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors, and BearBrothersRoofing.com may make changes or improvements at any time. You, and not BearBrothersRoofing.com, assume the entire cost of all necessary servicing, repair or correction IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. BEARBROTHERSROOFING.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. All of the information in this site, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this site, and BearBrothersRoofing.com does not undertake any obligation to update such information after it is posted or to remove such information from this site if it is not, or is no longer, accurate or complete. Limitation On LiabilityBEARBROTHERSROOFING.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF BEARBROTHERSROOFING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF BEARBROTHERSROOFING.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO BEARBROTHERSROOFING.COM FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. IndemnityYou will indemnify and hold BearBrothersRoofing.com, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as 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 you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's 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 this site. Further User is solely responsible for any liability arising out of or related to any Web Site additions made by User. User agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts' fees, associated with any claim or action brought against Host related to or arising out of User’s Web site, any Web Site additions by User or User's breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement. User agrees to defend, indemnify, and hold the other party, and its officers, directors, agents, and employees, harmless against all costs, expenses, and losses (including reasonable attorney fees and costs) incurred through claims of third Parties against such party based on the operation of the User or the violation of third-party intellectual property rights by any materials provided by User or of any breach of any representation and warranty made in this Agreement. The User shall indemnify and hold BearBrothersRoofing.com harmless from and against any Losses that BearBrothersRoofing.com may suffer, incur or be subjected to by reason of any legal action, proceeding, arbitration or other claim by a third party, whether commenced or threatened, arising out of or as a result of (a) the use of the User Marks by BearBrothersRoofing.com in accordance with this Agreement; (b) any content provided by the User to BearBrothersRoofing.com for display on the BearBrothersRoofing.com Website; (c) the operation of the User Sites; or (e) the offer or sale of any Products by the User or through the User Sites. Indemnification Procedures. If any party entitled to indemnification under this Section (an "Indemnified Party") makes an indemnification request to the other, the Indemnified Party shall permit the other party (the "Indemnifying Party") to control the defense, disposition or settlement of the matter at its own expense; provided that the Indemnifying Party shall not, without the consent of the Indemnified Party enter into any settlement or agree to any disposition that imposes an obligation on the Indemnified Party that is not wholly discharged or dischargeable by the Indemnifying Party, or imposes any conditions or obligations on the Indemnified Party other than the payment of monies that are readily measurable for purposes of determining the monetary indemnification or reimbursement obligations of Indemnifying Party. The Indemnified Party shall notify Indemnifying Party promptly of any claim for which Indemnifying Party is responsible and shall cooperate with Indemnifying Party in every commercially reasonable way to facilitate defense of any such claim; provided that the Indemnified Party's failure to notify Indemnifying Party shall not diminish Indemnifying Party's obligations under this Section except to the extent that Indemnifying Party is materially prejudiced as a result of such failure. An Indemnified Party shall at all times have the option to participate in any matter or litigation through counsel of its own selection and at its own expense. TrademarksTrademarks, service marks, and logos appearing in this site are the property of BearBrothersRoofing.com or the party that provided the trademarks, service marks, and logos to BearBrothersRoofing.com. BearBrothersRoofing.com and any party that provided trademarks, service marks, and logos to BearBrothersRoofing.com retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site. Information You ProvideYou may not post, send, submit, publish, or transmit in connection with this site any material that: · you do not have the right to post, including proprietary material of any third party; · advocates illegal activity or discusses an intent to commit an illegal act; · is vulgar, obscene, pornographic, or indecent; · threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive; · seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; · infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity; · violates any law or may be considered to violate any law; · impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content; · includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; · disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site; · includes MP3 format files that you do not have full legal writes to distribute; · amounts to a 'pyramid' or similar scheme; · disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or · contains hyper-links to other sites that contain content that falls within the descriptions set forth above. Although under no obligation to do so, BearBrothersRoofing.com reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither BearBrothersRoofing.com nor any third party that provides Content to BearBrothersRoofing.com will assume or have any liability for any action or inaction by BearBrothersRoofing.com or such third party with respect to any submission.
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