Terms and Conditions — S. Falco Construction

Terms and Conditions.

Terms and Conditions

Last updated: April 4, 2024

Please read these terms and conditions carefully before using Our Website.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

S. Falco Construction (referred to as either "S. Falco Construction", "We", "Us" or "Our" in this Agreement) refers to S. Falco Construction, P.O. Box 660100, Fresh Meadows, NY 11366.

Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.

Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and S. Falco Construction regarding the use of the Website.

Third-party Social Media Website means any Websites or content (including data, information, products or Websites) provided by a third-party that may be displayed, included or made available by the Website.

Website refers to S. Falco Construction, accessible from https://www.sfalcoconstruction.com

You means the individual accessing or using the Website, or S. Falco Construction, or other legal entity on behalf of which such individual is accessing or using the Website, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Website and the agreement that operates between You and S. Falco Construction. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Website.

Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.

By accessing or using the Website You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website.

Your access to and use of the Website is also conditioned on Your acceptance of and compliance with the Privacy Policy of the S. Falco Construction. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Website.

Acceptable Use of the Website

In order to use the Website, you must obtain access to the Internet and pay any and all Website fees associated with such access.

Individual Use

You agree that you are only authorized to visit, view and to retain a single copy of pages of the Website for your own internal use and not for any commercially-related purposes or in a manner that in any way suggests a connection, affiliation or any type of relationship between S. Falco Construction and you or an entity related to you. You also agree that you will not duplicate, download, publish, modify or otherwise distribute any material on the Website for any purpose other than for your own internal use unless otherwise specifically authorized by S. Falco Construction in writing.

Linking

You agree not to “deep-link” to the Website, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Website for any purpose, unless specifically authorized by S. Falco Construction in writing to do so. If you do want to link to the Website in any manner, please contact S. Falco Construction Webmaster at info@sfalcoconstruction.com to seek approval.

Framing

You agree not to create any frames at any other websites pertaining to or using any of the content located at the Website for any purpose, unless specifically authorized by S. Falco Construction in writing to do so.

Security, Cracking and Hacking

You are prohibited from violating or attempting to violate the security of the Website. Accordingly, you agree not to: access data or materials not intended for you; log into a server or account which you are not authorized to access; attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or attempt to interfere with Website to any user, host or network, including without limitation, by means of submitting a virus to the Website, overloading, “flooding”, “mail bombing” or “crashing” the Website. Violations of system or network security may result in civil or criminal liability. S. Falco Construction reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

Spidering

The Use Of Any Tools, Programs, Robotic Algorithms Or Products To Automatically Download Or “Spider” The Website Or Any Of the Pages Of The Website Infringes On S. Falco Construction’s Intellectual Property Rights. Do Not Use Any Such Tools Or Products On Or In Connection With The Website.

You are Responsible for All of Your Activities and All of the Content You Post or Submit

You represent and warrant that any information and/or material you post or provide to S. Falco Construction by means of the Website, including, without limitation, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith. You agree NOT to use the Website for or in connection with any of the following activities: transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or falsely stating or otherwise misrepresenting your identity or affiliation in any way. You agree NOT to use the Website for any fraudulent or illegal purpose such as; e-mailing, uploading, or otherwise transmitting or using the Website in furtherance of the use, distribution or transmission of any unlawful, harassing, defamatory, tortious, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind; and transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or the operation of the Website.

Do Not Violate Third Party Intellectual Property Rights

Without limiting the foregoing, you may not, and by using the Website you agree not to, use the Website to: transmit or post any Submissions that are copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; transmit or post any Submissions that reveal trade secrets, unless you own them or have the permission of the owner to so transmit them; or transmit or post any Submissions that infringe on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. Furthermore, unless otherwise expressly provided, you acknowledge and agree that: (a) all Submissions will become property of S. Falco Construction; (b) S. Falco Construction has the right to publish the Submissions for any type of use including for promotional and advertising purposes, in accordance with the terms set forth in the Privacy Policy, without compensation to you of any kind; (c) any Submissions that you submit to any part of the Website are non-confidential for all purposes; and (d) that if you make any such Submission, you automatically grant, represent and warrant that the owner of such content has expressly granted S. Falco Construction a royalty-free, perpetual, irrevocable, world-wide exclusive license to use the Submissions in any manner, media or form now known or hereafter developed. S. Falco Construction shall have the right to sublicense its rights. The term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights.

Ownership

S. Falco Construction puts content on the Website for you to examine from time to time including, without limitation, text, graphics, photographs, pictures, drawings, animation, audio, video, literature and any other material distributed by S. Falco Construction on, through or in connection with the Website. S. Falco Construction attempts to display the content in a way that will be easily accessible and useful for you, the user. All content and materials on the Website including, without limitation, text, graphics, logos, button icons, images, audio clips and software included in the Website and any Websites offered on the Website, are the property of S. Falco Construction, its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. The compilation of all content on the Website is the exclusive property of S. Falco Construction and is protected by U.S. and international copyright laws. All software used on the Website is the property of S. Falco Construction or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Website is permitted except expressly in accordance with these Terms or with the express written permission of S. Falco Construction and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Website. All rights not expressly granted hereunder are expressly reserved to Friendship House Middlesex.

Links to Other Websites

Our Website may contain links to third-party web Websites or Websites that are not owned or controlled by S. Falco Construction.

S. Falco Construction has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web Websites or Websites. You further acknowledge and agree that S. Falco Construction shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or Websites available on or through any such web Websites or Websites.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web Websites or Websites that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Website will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of S. Falco Construction and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or 100 USD if You haven't purchased anything through the Website.

To the maximum extent permitted by applicable law, in no event shall S. Falco Construction or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if S. Falco Construction or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

"AS IS” and “AS AVAILABLE” Disclaimer

The Website is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, S. Falco Construction, on its own behalf and on behalf of its Affiliates and its and their respective licensors and Website providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, S. Falco Construction provides no warranty or undertaking, and makes no representation of any kind that the Website will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Websites, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither S. Falco Construction nor any of S. Falco Construction's providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of S. Falco Construction are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Website. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Website, You agree to first try to resolve the dispute informally by contacting S. Falco Construction.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and that You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Website after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website.