Terms and Conditions

YOUR BUSINESS OR POTENTIAL BUSINESS IS IMPORTANT TO US, SO PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY REGARDING THIS WEBSITE.

BY VISITING THIS WEBSITE provided by mda-arc.com (all collectively referred to in these documents as the “website”) and Michael Doty Associates, Architects, PC, an Idaho professional corporation (collectively referred to as “we” or “us” in this document), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (“Terms and Conditions”). If you do not agree to these Terms and Conditions or any changes to them, you must not use the website. However if you do not agree, we request you contact us to inform us of the provisions with which you disagree, so we can improve our website. We reserve the right to make changes to the website and these Terms and Conditions at any time. The changes will take effect upon their appearing on the website (unless otherwise noted in such changes). Please review these Terms and Conditions regularly, since your continued visit to or use of the website will serve as your agreement to any and all changes.

CONTACTING US
If you have any questions, comments or suggestions about our website, these Terms and Conditions, intellectual property or any other matter concerning us, you may contact us by e-mail at info@mda-arc.com; by regular mail at PO Box 2792, Ketchum, ID 83340; by telephone at (208) 726-4228.

DISCLAIMER
By using this website, you are not purchasing a good or a service. We are providing you access to this website free of charge. In our sole discretion, we reserve the right at any time to discontinue this website or your use of this website or any portion of this website. No information obtained by you from the website shall create any rights or agreement with us not expressly made in these terms and conditions.

WE MAKE NO WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, INCLUDING WITHOUT LIMITATION TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES. WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES RESULTING FROM YOUR USE OF THE WEBSITE OR INFORMATION YOU TRANSMIT TO US.

WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BY USING THIS WEBSITE YOU AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY FUNCTION OR DATA LOSS THAT RESULTS FROM THE DOWNLOADING OF SUCH CONTENT. YOU ASSUME AND WILL PAY THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION AND ANY INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES.

LIMITATION OF LIABILITY
We will not be liable for any damages or injuries caused by the website or any content on the website, including, but not limited to, any error, omission, interruption, defect, delay in operation or transmission, failure of performance or computer virus. We will not be liable for any damages or injury, including, but not limited to, special or consequential damages that result from your use of, or your inability to use, the website and/or the materials contained in the website even if there is negligence by us or any third party or if our authorized representative or any third party has been advised of the possibility of such negligence and/or damages. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. We will not be liable for any damages or injury, including, but not limited to, special or consequential damages that may result from linking to any other website from this website, if available. The disclaimers and limitations of liability set forth herein apply to all claims of damage or injury now known or which may arise in the future.

INDEMNIFICATION
You agree to indemnify and hold us harmless, including, but not limited to our subsidiaries, divisions, affiliates, directors, officers, employees, agents and representatives from and against all claims, losses, expenses, damages, costs and attorney fees arising or resulting from your violation of these Terms and Conditions.

PRIVACY POLICY & INFORMATION
This website is designed to benefit us by providing you information. Privacy is of great concern to us and to most users of the Internet, because it is a critical part of Internet use. We are aware of and sensitive to the privacy concerns of visitors to our website. We do not collect any information that either identifies or does not identify you. You contacting us by email is the only way we collect personal information that identifies you. If you submit information to us, you agree only to submit accurate, correct and true information with the express understanding that we may use your personal information to contact you.

TRADEMARKS AND COPYRIGHTS
Mda-arc.com, which includes any other suffix attached to it or the words “Michael Doty Associates, Architects” or any combination or case of lettering, all our photographs, plans, graphics, illustrations and artwork appearing on the website, our print material and text, our titles, all our logos (collectively and without limitation referred to as “intellectual property”) are copyrighted materials, tradenames and trademarks belonging to us. All other materials that we have placed on the website belong to the respective owners of that intellectual property. Unauthorized use, reproduction, broadcasting, republication, reprinting, reposting, linking to, framing, downloading, printing, copying, saving or any other means of obtaining the intellectual property (collectively referred to as “obtain” or “obtaining”) we have placed on this website is absolutely prohibited by law. All materials contained on this website are protected by United States copyright law. Copyright 1994 to present. ALL RIGHTS RESERVED.

RESTRICTIONS ON USE OF INTELLECTUAL PROPERTY
If you wish to obtain any intellectual property by any means, including providing a link to our website, you must request in writing a license from us, which we may grant or deny in our sole discretion and which shall require a notice evidencing the ownership of the intellectual property and if requested by us, an active link to our website in a form determined and approved in writing by us.

POLICY CONCERNING CLAIMS OF INFRINGEMENT
Upon receiving notice of an infringement of the intellectual property, we will expeditiously process and investigate such notice and take appropriate actions under applicable intellectual property laws. If you believe that our rights in intellectual property have been infringed upon or we are infringing upon the rights of others, please contact us.

SUBMISSIONS OF INTELLECTUAL PROPERTY
Please contact us prior to making any submission of intellectual property to us. If you submit intellectual property to us, you agree not to submit intellectual property that infringes upon any laws concerning intellectual property, including, but not limited to any law governing patent, trademark, trade secret, copyright or other proprietary rights of any party. By submitting intellectual property to us through the website or otherwise, you warrant that you have the right to grant to us the royalty free, perpetual, irrevocable, nonexclusive right and license to use such intellectual property in whole or in part for the purpose for which you submit it. Under no circumstances will we be required to treat any unsolicited intellectual property as confidential. You acknowledge that you are responsible for whatever intellectual property you submit and you have full responsibility for the intellectual property, including its legality, reliability, appropriateness, originality and noninterference with third party rights.

MISCELLANEOUS
These Terms and Conditions are for the sole benefit of our website visitors, for our benefit and that of our agents, representatives, licensees, successors and assigns. These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of Idaho and United States of America, notwithstanding any principles of conflict of law. By your use of the website you agree you are transacting business within Idaho as defined by your doing any act for the purpose of realizing pecuniary benefit or accomplishing or attempting to accomplish, transact or enhance your business purpose or objective or any part thereof. If any part of these Terms and Conditions is unlawful or void, such part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Evidence of use of the website for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions contain the entire agreement between you and us relating to the use of the website. Your browser may not support display of this image. © Copyright April, 2010. ALL RIGHTS RESERVED.