TERMS OF USE AGREEMENT

Access to the Litcon Consulting and Litcon Construction Services LLC web site (the “Site”) defined below is provided by Litcon Construction Services LLC. For purposes of this agreement, "ILitcon" shall mean Litcon Construction Services LLC. Litcon Consulting, and its affiliates, and their officers, directors, managing directors, partners, and employees. The "Site" shall mean the website of Litcon located at litconllc.com, litconconsulting.com, and select other domains.

 

This Terms of Use Agreement (the "Agreement") describes your rights and responsibilities and states the terms and conditions under which you may use this website. Please read this document carefully. The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Litcon. If you do not accept the terms and conditions stated here, Litcon is not willing to allow you to use the Site and you should immediately stop using the Site. You must be at least 18 years of age to use the Site. If you are not at least 18 years old, you should immediately stop using the Site. It is your responsibility to review this Agreement periodically. Litcon reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Litcon shall constitute your acceptance of such modifications.

 

Scope of use

 

The information, data and other content (the “Information”) provided on the Site is provided by Litcon and its third party information providers ("Information Providers") for general informational purposes only and may not be redistributed by you. This Site is directed at users within the United States of America (“USA”) only, and no representation of any sort is made to any other person, unless otherwise specifically stated in writing in this website. Information provided on the Site may be delayed as determined by Litcon in its sole discretion. Litcon reserves the right to modify the Site from time to time without notice and in its sole discretion at any time. You agree to use the Site and the Information provided thereon only for your own personal use, and not to reproduce, retransmit, disseminate, sell, distribute, republish, broadcast, post, circulate or commercially exploit the Information available on the Site in any manner without the express written consent of Litcon, nor to use the Information available on the Site for any unlawful purpose. You agree to access the Information available on the Site manually by request and not programmatically by macro or other automated means, and to view the Information only as displayed on your terminal screen and not attempt to upload, intercept, extract or otherwise collect and/or record the Information through any technological means.

 

Copyright and Intellectual Property Right Ownership

 

The Site, and all Information therein, contains material owned by either Litcon or its Information Providers which is protected under copyright, trademark and other intellectual property laws. Litcon and its Information Providers, as applicable, own the copyright to all Information and works of authorship on the Site. All trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of Litcon or its Information Providers, as applicable. In particular, Litcon logo is a trademark of Litcon and you may not use such names or logos without Litcon's prior written consent. You agree that, other than the right to access the Site and view the Information contained on the Site under the terms and conditions set forth herein, you acquire no ownership, title, right or interest of any kind in or to the Site or any portion of any Information on the Site, and that all title, right and interest therein and thereto remains with Litcon (and its Information Providers, as may be applicable). You may not copy any of the Information provided on the Site and must not copy these documents to any website.

 

Disclaimer of Warranties

 

No Information on the Site is intended (i) as legal advice, (ii) as a a specific recommendation for repair methods or materials, or (iii) as an endorsement, recommendation or sponsorship of any manufacturer, product, contractor, real estate agent, broker or and other entity. Everything on the Site is provided "as is" without any representations or warranties of any kind (whether express or implied). To the fullest extent permissible under applicable law, Litcon and its respective members, officers, directors, employees, Information Providers, suppliers, and agents (collectively, the "Litcon Parties") hereby disclaim all representations and warranties, express, implied or statutory, including, without limitation, all implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all representations and warranties (1) relating to the adequacy, timeliness, accuracy or completeness of any Information on the Site, (2) that your use of the Site will be uninterrupted, error-free, or secure, (3) that defects will be corrected, or (4) that the Site or the servers on which the Site is hosted are free of viruses or other harmful components. You assume total responsibility and risk for your use of, or reliance on, the Site and any Information provided on the Site. Information contained on the Site is subject to change at any time without notice.

 

[The fact that Litcon has made the data and services provided on this Web site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product, service or method described on this Web site is suitable or appropriate for you. The information provided are the opinions of Litcon.  Use of material provided by Litcon without proper consideration for your specific needs and situation involve certain risks, and you should not enter into any inspection, installation, repair or remediation unless you have fully understood all aspects of your needs.

 

Disclaimer of Damages and Limitation of Liability

 

To the fullest extent permitted by applicable law, no Litcon Party shall be responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other losses or damages (including, but not limited to, damages for loss of profits, loss of business, use, data or other intangible damages, even if such party has been advised of the possibility of such damages), under any contract, tort (including, without limitation, negligence and strict liability) or other legal theory, howsoever caused, arising out of or relating in any way to the Site and/or any Information contained on the Site, or any errors or omissions therein, or your use of, or inability to use, or reliance on, the Site. Your sole remedy for dissatisfaction with the Site and/or Information contained on the Site is to stop using the Site. In the event that the foregoing disclaimer of liability is held to be invalid or unenforceable, you agree that the maximum cumulative aggregate liability of the Litcon Parties to you for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence and strict liability), or otherwise) at any time shall be the aggregate cumulative amount paid by you to Litcon at such time, if any, to access the Site.

 

Indemnity

 

You agree to indemnify, defend and hold harmless the Litcon Parties from and against any claim, action or demand, including, without limitation, reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement.

 

Jurisdictional Issues

 

The Site is solely to be used by individuals residing in the USA. Litcon makes no representation that (i) materials on the Site are appropriate or available for use in other locations or (ii) that any products or services discussed on the Site are appropriate or available for use in any jurisdiction. If you choose to access the Site from any location then you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws. Litcon reserves the right to limit the availability of the Site to any person, geographic area, or jurisdiction it desires, at any time and in its sole discretion.

 

Links to Other Websites

 

The Site may contain links to third-party internet websites or resources. These links are provided solely as a convenience to you and not an endorsement by Litcon of the contents of such third-party websites. Litcon neither controls nor endorses any such other websites, nor has it reviewed or approved any content that appears on such other websites. You acknowledge and agree that Litcon shall not be held responsible for the legality, timeliness, accuracy, completeness or appropriate nature of any information, data or other content, advertising, products, or services located on or through any other third-party websites, nor for any loss or damages caused or alleged to have been caused by your use of, inability to use, or reliance on, any such content, information or data. If you decide to access a linked website, you do so at your own risk.

 

Privacy

 

Litcon's policy with respect to the collection and use of your personal information is set forth in its Privacy Policy.

 

Termination

 

This Agreement, as amended by Litcon from time to time in accordance with its terms, shall remain effective indefinitely until terminated by Litcon. Litcon shall have the right to terminate this Agreement, and/or your access to and use of the Site, at any time in its sole discretion and without the requirement of written notification.

 

Miscellaneous

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the Ohio Courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement shall not be assignable or transferable by you except with Litcon's prior written consent. No waiver by Litcon of any breach, default or condition hereunder shall be deemed to be a waiver of any other preceding or subsequent breach, default or condition. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Agreement, together with all Litcon policies referred to herein, constitutes the entire agreement between you and Litcon relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral agreements.

 

In addition to the provisions of these Website Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Website Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

 

 

Revised: March 2017

 

PRIVACY POLICY

Litcon Construction Services LLC dba Litcon Consulting, hereafter Litcon, recognizes that respecting user privacy over the Internet is of utmost importance. This privacy statement is designed to provide information about the privacy and data collection practices for the site: www.litconconsulting.com and www.litconllc.com. The Site is operated by Litcon Construction Services LLC.

 

If you have questions or concerns regarding this statement, you should first contact our site coordinator at info@litconconsulting.com or by postal mail to: Litcon Construction Services LLC, 605 N High St. #320, Columbus, OH 43215

 

Identifying Information. In general, you can visit the Site without telling us who you are or providing any information about yourself. In some areas of the Site, we ask you to provide information that will enable us to process an order, offer services that require registration, assist you with technical support issues or to follow up with you. Generally, Litcon requests identifying information when you:

 

Register on any of our web sites.

Place an order.

Complete our contact form.

Provide feedback to an online survey or tell us about an idea or suggestion.

Participate in a rebate program, contest, or other promotional offer.

Request on-line report access.

Request information or files from technical support or customer service.

 

In these instances, Litcon will ask for your name, address, e-mail address, phone number and other appropriate information needed to provide you with these services. In all instances, if you receive a newsletter or other mailing from us, you will always be able to "unsubscribe" to these mailings at any time.

 

What Litcon Will Do With Your Information. If you choose to give us personal information for any of the purposes above, this information is retained by Litcon and will only be used by Litcon to support your customer relationship with us. We will not add you to a mailing list, or newsletter without your registration for this service. We will only contact you if further information is required from you to complete a service.

 

What Others May Do With Your Information. Litcon does not share, rent, or sell any personally identifying information provided through our Site (such as your name or email address) to any outside organization for use in its marketing or solicitations. From time to time Litcon may use agents or contractors who will have access to your personal information to perform services for Litcon (such as database management), however, they are required by us to keep the information confidential and may not use it for any purpose other than to carry out the services for Litcon. In addition, Litcon may also share aggregate information about its customers and its web site visitors to advertisers, business partners, and other third parties. For example, we might share that our users are x percent PCs users and y percent Macintosh users. None of this information, however, will contain personal, identifying information about our users.

 

Litcon On-line Report Access. The Litcon On-line Report Access is designed to give you options concerning the privacy of your identifying information. If you choose, you can set up an account. This will allow you to have a customized order page for express ordering and to view your purchasing history. To protect your privacy, we have designed the Sites to include certain steps to verify your identity before granting you access or enabling you to make corrections in an account. You will always have access to this account information and can view it, update it or correct it at any time. To access your report, you will need to use a password. Access to reports may be time limited.  On-line access to reports will be at the discretion of Litcon.

 

When purchasing products or services through our web site, the order form will also ask you to provide a daytime telephone number. However, the telephone number is only used to quickly resolve questions relative to an order, such as to clarify customer email addresses that are inactive, or entered incorrectly.

 

Third Party Links. Litcon does provide links to other sites. Other Internet sites and services have separate privacy and data collection practices. Once you leave www.evansllc.com, Litcon cannot control, and has no responsibility for, the privacy policies or data collection activities at another site.

 

Cookies. At times, we will use a feature on your web browser to send your computer a "cookie". We do not use cookies to retrieve any personal information from your computer. We only use cookies to learn ways to enhance our Sites, and to give you better, more personalized service while in our web site. You can reset your browser to refuse all cookies or indicate when a cookie is sent. However, some functions of the Sites will not function if you refuse cookies. These areas of our web site will have information posted about cookies, and when a cookie will be uploaded to your computer.

 

Children's Privacy Protection. Litcon is sensitive to the heightened need to protect the privacy of children under the age of 13. The vast majority of the material on our web site is not intended for children and is not targeted to children under the age of 13. We do not knowingly collect data from children and, if we learn that we have received personal data from a child, we will remove this information from our database.

 

Changes to this Policy. Litcon may from time to time revise its privacy policy. You should therefore periodically visit this page so you are aware of any such revisions. Litcon will not notify you of changes to our privacy policy individually.  We will not, however, use your existing information in a manner not previously disclosed. You will be advised and have the opportunity to opt out of any new use of your information.

 

Contacting Us. If you have any questions about our privacy policy and/or the practices of our web site, you can write to:

 

Litcon Construction Services LLC

605 N High St. #320

Columbus, OH 43215

 

 

Revised: March 2017

SECURITY

We use a number of mechanisms to protect the security and integrity of personal data. Unfortunately, no data transmission over the Internet can be guaranteed as completely secure. So while we strive to protect such information, we cannot ensure or warrant the security of any information transmitted to us and individuals do so at their own risk. Once any personal data comes into our possession, we will take reasonable steps to protect that information from misuse and loss and from unauthorized access, modification or disclosure.

 

A username and password may be essential for you to use some sections of this Website. For your own protection, we require you to keep these confidential and to change your password regularly (if required).

 

 

Revised: March 2017