Terms of Use
Your use of this website constitutes your approval and agreement to be legally bound by the terms and conditions contained within this Agreement. The content on this site, including these terms and conditions, is subject to change without notice. If at any time the terms and conditions contained herein are no longer acceptable to you, you should immediately cease all use of the website.
Disclaimers. To the best of our knowledge the information on this website is accurate. It is provided to you with the understanding that we are not engaged in rendering legal, accounting, or other professional services. Assistance of legal counsel or other expert should be sought when applying the law to a particular set of facts. The information on this website is provided “as is” and with no warranty. Furthermore, laws and regulations change over time.
DISCLAIMER OF WARRANTIES: LIMITATION OF LIABILITY. WE DO NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE CONTENT CONTAINED ON THIS SITE AND EXPRESSLY DISCLAIM ALL LIABILITY FOR ERRORS AND COMMISSIONS OF SUCH CONTENT INCLUDING BUT NOT LIMITED TO CLAIMS FOR NEGLIGENCE, FRAUD AND NEGLIGENT MISREPRESENTATION. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE CONTENT CONTAINED ON THIS SITE. USE OF HYPERLINKS TO OTHER SITES ARE AT YOUR OWN RISK; THE CONTENT AND ACCURACY, OPINIONS EXPRESSED AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY US.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR EXPENSES, WHETHER DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL, BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH:
1. THE USE OF THE CONTENT ON THIS SITE OR ANY CONTENT ON A LINKED WEB SITE;
2. THE INABILITY TO USE ANY SUCH CONTENT; OR
3. ANY FAILURE OF PERFORMANCE, ERROR OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE,
EVEN IF THE CLAIMANT TELLS US OR OUR REPRESENTATIVE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. WHERE A STATE DOES NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS OR EXCLUSIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Liabilities. You agree to indemnify, defend and hold Capitol Painting & Construction, Inc. (Capitol) and its respective officers, directors, shareholders, agents, employees and licensors (collectively, the Capitol Parties) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Capitol Party in connection with any use or alleged use of the Website under your password by any person, whether or not authorized by you.
Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Texas, and the parties agree that venue for any action to enforce this Agreement shall be in the state courts of Dallas County Texas. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Website, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.