TERMS & CONDITIONS

 LAST UPDATED 01/17/2025

THE AGREEMENT: The use of this website and services on this website provided by N.E.A.  Construction (hereinafter referred to as "Company") are subject to the  following Terms and Conditions (hereinafter the "Agreement"), all parts  and sub-parts of which are specifically incorporated by reference here.  This Agreement shall govern the use of all the pages on this website  (hereinafter collectively referred to as "Website") and any services  provided by or on this Website ("Services").

1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:
 

a) Company, Us, We: The Company,  as the creator, operator and publisher of the Website, makes the Website  and certain Services on  it, available to users. N.E.A. Construction,  Company, We, Us, Our, Ours and other first-person pronouns will refer to  the Company, as  well as all employees and affiliates of the Company.

b)  You, the User, the Client: You, as the user of the Website, will be  referred to throughout this Agreement with second-person  pronouns such  as You, Your, Yours, or as the User or Client or Customer.

c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as Parties.

2)  ASSENT & ACCEPTANCE

By  using the Website, You warrant that You have read and reviewed this  Agreement and You agree to be bound by it. If You do not agree to be  bound by the Agreement, please the Website immediately. The Company only  agrees to provide use of this Website and Services to You if You assent  to this Agreement.

3)  LICENSE TO USE WEBSITE

The  Company may provided You with certain information as a result of Your  use of the Website or Services. Such information may included, but is  not limited to, documentation, date, or information developed by the  Company, and other materials which may assist in Your use of the Website  or Services ("Company Materials"). Subject to this Agreement, the  Company grants You a non-exclusive, limited, non-transferable and  revocable license to use the Company Materials solely in connection with  Your use of the Website and Services. The Company Materials may not be  used for any other purpose, and this license terminates upon Your  cessation of use of the Website or Services or at the termination of the  Agreement.
 

4)  INTELLECTUAL PROPERTY

You  agree that the website and all Services provided by the Company are the  property of the Company, including all copyrights, trademarks, trade  secrets, patents and other intellectual property ("Company IP"). You  agree that the Company ones all right, title and interest in and to the  Company IP and that You will not use the Company IP for any unlawful or  infringing purpose. You agree not to reproduce or distribute the Company  IP in any way, including electronically or via registration of any new  trademarks, trade names, service marks or Uniform Resource Locators  (URLs), without express written permission from the Company.

5)  ACCEPTABLE USE

You  agree not to use the Website or Services for any unlawful purpose  prohibited under this clause. You agree not to use the Website or  Services in any way that could damage the Website, Services, or general  business of the Company.

a) You further agree not to use the Website or Services:

i) To harass, abuse or threaten others or otherwise violation any person's legal rights; 

ii) To violate any intellectual property rights of the Company or any third party; 

iii) To upload or other disseminate any computer viruses or other software that may damage the property of another; 

iv) To perpetrate any fraud; 

 v) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme; 

vi) to publish or distribute any obscene or defamatory material; 

vii) To publish or distribute any material that incites violence, hate or discrimination towards any group;

viii) To unlawfully gather information about others; 

6) AFFILIATE MARKETING & ADVERTISING

The  Company, through the Website and Services, may engage in affiliate  marketing whereby the Company receives a commission on or percentage of  the sale of goods or services on or through the Website. The Company may  also accept advertising compensation. The disclosure is intended to  comply with the US Federal Trade Commission. on marketing and  advertising, as well as any other legal requirements that may apply.

7) PRIVACY INFORMATION

Through  Your Use of the Website and Services, You authorize the Company to use  Your information in the United States and any other country and any  other country where We may operate.

a)  Information We May Collect or Receive: Depending on how you use Our  Website or Services, We may receive information from  external  applications You use to access Our Website, or We may receive  information through various web technologies, such as  cookies, log  files, clear .gifs, web beacons or others. 

b)  How We Use Information: We use the information gathered from You to  ensure your continued good experience on Our website. We  may also track  certain of the passive information received to improve our marketing  and analytics, for this, We may work with third  party provided,  including other marketers.

c)  How You Can Protect Your Information: If you would like to disable Our  access to any passive information we receive from the use of various  technologies, You may choose to disable cookies in Your web browser.

8) ASSUMPTION OF RISK

The  Website and Services are provided for communication purposes only. You  acknowledge and agree that any information posted on our Website is not  intended to be construction advice, legal advice, medical advice or  financial advice, and no fiduciary relationship has been created between  You and the Company. You further agree that Your purchase of any of the  services advertised on the Website or products shown on the Website (if  any) is at Your Own risk. The Company does not assume responsibility or  liability for any advice or other information given on the Website.

9) SALES

The  Company may sell goods or services or allow third parties to sell goods  or services on the Website. The Company undertakes to be as accurate as  possible with all information regarding the goods and services,  including product descriptions and images. However, the Company does not  guarantee accuracy or reliability of any product information, and You  acknowledge and agree that You purchase such products at your own risk.

10) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or  Services;

b)  Violation the security of the Website or Services through any  unauthorized access, circumvention of encryption  security tools, data  mining or interference to any host, user or network.

11) DATA LOSS

The  Company does not accept responsibility for the security of your account  or content. You agree that Your use of the Website or Services is at  Your own risk.

12) INDEMNIFICATION

You  agree to defend and indemnify the Company and any of its affiliates (if  applicable) and us Us harmless against any and all legal claims and  demands, including reasonable attorney's fee, which may arise from or  relate to Your use or misuse of the Website or Services, Your breach of  this Agreement, or Your conduct or actions. You agree that the Company  shall be able to select its own legal counsel and may participate in its  own defense, if the Company wishes.

13) SPAM POLICY

You  are strictly prohibited from using the Website or any of the Company's  Services for illegal span activities, including gathering email  addresses and personal information from others or sending any mass  commercial emails.

14) THIRD-PARTY LINKS & CONTENT

The  Company may occasionally post links to third party websites or other  services. You agree that the Company is not responsible or liable for  any loss or damage caused as a result of Your use of any third party  services linked to from our Website.

15)  MODIFICATION & VARIATION

The  Company may, from time to time and at any time without notice to You,  modify this Agreement. You agree that the Company has the right to  modify this Agreement or revise anything contained herein. You further  agree that all modifications to this Agreement are in full force and  effect immediately upon proceeding past the first page of this Website  and/or contacting the Company to inquire about services or products, and  that modifications or variations will replace any prior version of this  Agreement, unless prior versions are specifically referred to or  incorporated into the latest modification or variation of this  Agreement.

a)  To the extent any part or sub-part of this Agreement is held  ineffective or invalid by any court of law, You agree that the prior,   effective version of this Agreement shall be considered enforceable and  valid to the fullest extent.

b)  You agree to routinely monitor this Agreement and refer to the  Effective Date posted at the top/beginning of this  Agreement to  note  modifications or variations. You further agree to clear your cache when  doing so to avoid accessing a  prior version of this  Agreement. You  agree that Your continued use of the Website after any modification to  this Agreement is a manifestation of  Your  continued assent to this  Agreement.

c)  In the event that you fail to monitor any modifications to or  variations of this Agreement, You agree that such failure shall be   considered affirmative waiver of Your right to review the modified  Agreement.

16) ENTIRE AGREEMENT

This  Agreement constitutes the entire understanding between the Parties with  respect to any and all use of this Website. This Agreement supersedes  and replaces all prior or contemporaneous agreements or understandings,  written or oral, regarding the use of this Website.

17) SERVICE INTERRUPTIONS

The  Company may need to interrupt Your access to the Website to perform  maintenance or emergency services on a scheduled or unscheduled basis.  You agree that Your access to the Website may be affected by  unanticipated or unscheduled downtime, for any reason, but that the  Company shall have no liability for any damage or loss caused as a  result of such downtime. 

18) TERM, TERMINATION & SUSPENSION

The  Company may terminate this Agreement with You at any time for any  reason, with or without cause. The Company specifically reserves the  right to terminate this Agreement if You violate any of the terms  outlined herein, including, but not limited to, violating the  intellectual property rights of the Company or a third party, failing to  comply with applicable laws or other legal obligations, and/or  publishing or distributing illegal material. If You have registered for  an account with Us, You may also terminate this Agreement at any time by  contacting Us and requesting termination. At the termination of this  Agreement, any provisions that would be expected to survive termination  by their nature shall remain in full force and effect.

19) NO WARRANTIES

You  agree that Your use of the Website and Services is at Your sole and  exclusive risk and that any Services provided by Us are on an "As Is"  basis. The Company hereby expressly disclaims any and all express or  implied warranties of any kind, including, but not limited to the  implied warranties of any kind, including, but not limited to the  implied warranty of fitness for a particular purpose and the implied  warranty of merchantability. The Company makes no warranties that the  Website or Services will meet Your needs or that the Website or Services  will be uninterrupted, error-free, or secure. The Company also makes no  warranties as to the reliability or accuracy of any information on the  Website or obtained through the Services. You agree that any damage that  may occur to You, through Your computer system, or as a result of loss  of Your data from Your use of the Website or Services is Your sole  responsibility and that that the Company is not liable for any such  damage or loss.

20) LIMITATION ON LIABILITY

The  Company is not liable for any damages that may occur to You as a result  of Your use of the Website or Services, to the fullest extent permitted  by law. The maximum liability of the Company arising from or relating  to this Agreement IS ZERO.

21) FINANCING

a)  N.E.A. Construction is NOT A LENDER.

b)   We will share the information of a finance company as a courtesy for  potential or existing clients that may require financing.  The Company  is not responsible for damages or liabilities arising out of an  agreement that a client of Ours may enter into with a third party  lender.  

c)  The Company provides a  SERVICE, not a product and that service is quantified and based on time  and material.  The Company is NOT a reseller or merchant.  

d)  The Company is not a fiduciary and has NO fiduciary responsibilities to the client.

22) GENERAL PROVISIONS

a)  LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, You agree that the laws of  the State of New York shall govern any matter or dispute relating or  arising out of this Agreement, as well as any dispute of any kind that  may arise between You and the Company, with the exception of its  conflict of law provisions. In case any litigation specifically  permitted under this Agreement is initiated, the Parties agree to submit  to the personal jurisdiction of the state and federal courts of the  following county(s): New York City, Borough of Queens, New York. The  Parties agree that this choice of law, venue and jurisdiction provision  is not permissive, but rather mandatory in nature. You hereby waive the  right to any objection of venue, including assertion of the doctrine of  forum non conveniens or similar doctrine.

c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of  this Agreement, the Parties shall first attempt to resolve the dispute  personally and in good faith. If these personal resolution attempts  fail, the Parties shall then submit the dispute to binding arbitration.  The arbitration shall be conducted in the following county: New York  City Borough of Queens. The arbitration shall be conducted by a single  arbitrator, and such arbitrator shall have no authority to add Parties,  vary the provisions of the Agreement, award punitive damages, or certify  a class. The arbitrator shall be bound by applicable and governing  Federal law as well as the law of the following state: New York. Each  Party shall pay their own costs and fees. Claims necessitating  arbitration under this section included, but are not limited to:  contract claims, tort claims, claims based on Federal and state law, and  claims based on local laws, ordinances, statutes or regulations.  Intellectual property claims by the Company will not be subject to  arbitration and may, as an exception to the sub-part, be litigated. The  Parties, in agreement with this sub-part of this Agreement, waive any  rights they may have to a jury trial in regard to arbitral claims.

d) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or  unenforceable by a court of law or competent arbitrator, the remaining  parts and sub-parts will be enforced to the maximum extent possible. In  such condition, the remainder of this Agreement shall continue in full  force.

e) NO WAIVER: In the event that We fail to enforce any provision of the Agreement,  this shall not constitute a waiver of any future enforcement of that  provision or of any other provision. Waiver of any part or sub-part of  this Agreement will not constitute a waiver or any other part or  sub-part. 

f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for  convenience and organization, only. Headings shall not affect the  meaning of any provisions of this Agreement.

g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE:  No agency, partnership, or joint venture has been created between the  Parties as a result of the Agreement. No Party has any authority to bind  the other to third parties.

h) ELECTRONIC COMMUNICATIONS PERMITTED:  Electronic communications are permitted to both Parties under this  Agreement, including email or fax. For any questions or concerns, please  email Us at the following address: info@builtbytitan.construction