Welcome to Hundley and Harrison! We’re glad you’re here, but please follow our rules. These legal terms are not meant to intimidate or scare anyone; they just set forth some basic requests for playing nice together.
- Accepting These Terms
- The Other Documents We Mentioned
- Your Privacy
- Your Content
- Content License
- Limit of Liability
- Reporting Intellectual Property Infringement
- Disputes With Hundley and Harrison
- Changes to The Terms
- Contact Information
1. Accepting These Terms
This document and other documents that we reference below outline the rules and regulations, or what we officially call the Terms of Service (the “Terms” for short).
The Terms are a legally binding contract between you and Hundley and Harrison (collectively “Hundley and Harrison, “we”, or “us”). This contract sets out your rights and responsibilities when you use our website available at HundleyandHarrison.com, our social media pages and accounts and the other services provided by Hundley and Harrison (we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing this website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not access or use our Services for any purpose.
Please note that section 10. Disputes with Hundley and Harrison contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
2. The Other Documents We Mentioned
Additional policies, terms, and conditions applicable to certain Services or to particular content or transactions, may also be posted in particular areas of our Services and, together with these Terms, govern your use of those areas. Any such additional policies, terms, and conditions are incorporated into these Terms. If any inconsistency exists between these Terms and such additional policies, terms, and conditions, such additional polices, terms, and conditions applicable to that area of the applicable Services will be controlling with respect to that particular area.
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Hundley and Harrison regarding the Services.
3. Your Privacy
4. Your Content
Displaying photos, video and other content depicting construction sites, building projects and similar content on our social media channels and in other publications is a privilege for us, and we intend to respect and honor it. Therefore:
- If copyright for a photo, video or other content is held by someone other than Hundley and Harrison, we will receive permission to post it and gladly provide credit if desired by the photographer and will not knowingly use copyrighted content.
- We will not knowingly post anything that would be embarrassing, objectionable or hurtful to anyone in the photo, video, or other included content.
- We do not identify children or youth under the age of 13 by name in the content we post online or other use and we will gladly remove any content upon request. If you see a photo, video or other content that includes you or your child and would like it removed from the website, social media or other publications, please complete the Contact Us form.
5. Content License
Unless otherwise stated, Hundley and Harrison and/or its licensors own the intellectual property rights for all material on this Hundley and Harrison website, on Hundley and Harrison social media channels or other Hundley and Harrison channels. All intellectual property rights are reserved. You may access this from Hundley and Harrison for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Hundley and Harrison
- Sell, rent or sub-license material from Hundley and Harrison
- Reproduce, duplicate or copy material from Hundley and Harrison
- Redistribute content from Hundley and Harrison
- Create iframes around our Services (such as this website) that alter in any way the visual presentation or appearance of our Services
Parts of our Services offer an opportunity for users to post and exchange opinions and information in certain areas. Hundley and Harrison does not filter, edit, publish or review Comments prior to their presence on the Services. Comments do not reflect the views and opinions of Hundley and Harrison, its agents and/or affiliates. Comments reflect the views and opinions of the person who posted their views and opinions. To the extent permitted by applicable laws, Hundley and Harrison shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on our Services.
Hundley and Harrison reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our Services and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Hundley and Harrison a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
As long as the Services and our information and services are provided free of charge, we will not be liable for any loss or damage of any nature.
Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Hundley and Harrison is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services, nor do we promise to ensure that the Services remains available or that the material on the Services is kept up to date. You release us from all liability relating to that content.
If you find any link or content on our Services that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove content but we are not obligated to or so or to respond to you directly.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person.
WARRANTIES. THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND HUNDLEY AND HARRISON HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HUNDLEY AND HARRISON DOES NOT MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT, NOR DOES HUNDLEY AND HARRISON REPRESENT OR WARRANT THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ACCORDINGLY, HUNDLEY AND HARRISON IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SERVICES.
IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IS TO TERMINATE YOUR ACCOUNT (IF ANY) AND TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICES.
HUNDLEY AND HARRISON MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SERVICES. ACCORDINGLY, HUNDLEY AND HARRISON IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY, OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON OUR SERVICES.
7. Limit of Liability
Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in Section 6 and this Section 7 may not apply to you.
8. Reporting Intellectual Property Infringement
Hundley and Harrison takes claims of intellectual property infringement seriously.
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any content accessible on the Services infringes your copyright, you may request removal of such content (or access thereto) by submitting written notification to our copyright agent using the form on the Contact Us page or sending an email to firstname.lastname@example.org. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:
- your physical or electronic signature;
- identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;
- identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content;
- adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
- a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- a statement that the information in your written notice is accurate; and
- a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly materially misrepresent that content on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Using a trademark that is similar to a third party’s mark in a way that causes confusion by falsely implying (i) an affiliation or association with the third party or (ii) the third party has sponsored or approved the trademark user’s goods or services may be considered trademark infringement. Any action that may be deemed trademark infringement is a violation of Hundley and Harrison’s trademark policy.
If you are a trademark owner and you believe your trademark is being infringed, please be aware that Hundley and Harrison does not mediate trademark disputes between our Services users and trademark owners. As a result, we strongly encourage trademark owners to resolve their disputes directly with the user who posted the content in question by messaging them directly. Contacting the user may resolve things more quickly in a way that is more beneficial to you, the user, and the Hundley and Harrison community.
If you are unable to make contact with the user in question for any reason, please submit a trademark complaint that includes the following information:
- The full legal name of the trademark owner
- The address of the trademark owner
- Your full legal name (if you are not the trademark owner)
- Your email address (please use company email address)
- Your title
- The trademark (include a description for any incorporated design elements)
- The trademark registration number, including registration office
- URL or location of allegedly infringing use of trademark
- A statement substantially similar to the following: “Under penalty of perjury, I declare that (a) I have a good-faith belief that the challenged material violates my trademark rights or the rights of the trademark owner, (b) the information in my complaint is true and correct, and (c) I am the trademark owner or am authorized to act on the trademark owner’s behalf.”
The complaint should be sent to email@example.com or by completing the form on the Contact Us page.
We hope this never happens, but if Hundley and Harrison gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Hundley and Harrison (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. You agree not to settle any such matter without the prior written consent of Hundley and Harrison.
10. Disputes With Hundley and Harrison
If you’re upset with us, let us know by filling out the form on the Contact Us page, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
B. Geographic Restrictions. Hundley and Harrison is based in the State of Utah in the United States. Hundley and Harrison make no claims that the Services are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
C. Arbitration. You and Hundley and Harrison agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, unless otherwise required by law. Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Hundley and Harrison are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
D. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Changes to The Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
12. Contact Information
If you have any questions about the Terms, please fill out the form on the Contact Us page. The Terms set rules for us at Hundley and Harrison and our users to abide by and they are legal protection. The Terms might be difficult to read or understand, but we’re real people with good intentions so we’d be happy to talk about any concerns you might have.
Last updated March 26, 2021