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| Hide Disclaimer | | Northstar Enclosure Solutions ("Northstar") provides this website and the resources available on this website (the "Resources") to you subject to the following Terms of Use, which Northstar may update from time to time without notice to you. | - Northstar provides this website to permit you to have access to the Resources for the sole purpose of enabling you to provide estimates to Northstar for the various projects that Northstar pursues in the marketplace.
- The Resources are the exclusive property of others and Northstar provides them for the sole benefit of Northstar. Northstar assumes no responsibility for the accuracy of the Resources.
- Northstar assumes no responsibility for the estimates you may provide to Northstar.
- In consideration of your use of the website and your access to Resources, you represent that you are a contractor who has a legitimate reason to access the Resources to prepare bids to be submitted to Northstar.
- You agree as follows:
- You will hold all Resources in confidence and not disclose or use them for the benefit of any person or entity other than Northstar.
- You will destroy all Resources downloaded by you from the website and all reproductions, duplicates, and copies of the Resources (i) immediately upon notification that Northstar will not utilize your bid and (ii) after the completion of a project, if Northstar uses your bid on a project.
- You will not use the Resources for any purpose other than to provide an estimate to Northstar.
- You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any of the Resources, other than to provide an estimate to Northstar.
- 6. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOU USE THE RESOURCES AT YOUR SOLE RISK. NORTHSTAR PROVIDES THE RESOURCES ON AN "AS IS" AND "AS AVAILABLE" BASIS. NORTHSTAR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NORTHSTAR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS MAKE NO WARRANTY THAT (i) THE RESOURCES WILL MEET YOUR REQUIREMENTS; (ii) THE RESOURCES WILL BE ERROR-FREE; AND (iii) THE RESULTS THAT YOU MAY OBTAINED FROM THE USE OF THE RESOURCES WILL BE ACCURATE OR RELIABLE.
- ANY RESOURCES YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THIS WEBSITE ARE ACCESSED AT YOUR OWN DISCRETION AND RISK.
- LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NORTHSTAR AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM: (i) YOUR USE OR YOUR INABILITY TO USE THE WEBSITE AND THE RESOURCES; OR (ii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, INCLUDING THE OWNER OF THE RESOURCES.
- You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to this agreement.
- General Information.
- Entire Agreement. The Terms of Use constitute the entire agreement between you and Northstar and governs your use of the website and the Resources, superseding any prior agreements between you and Northstar with respect to the website and the Resources.
- Choice of Law and Forum. The Terms of Use and the relationship between you and Northstar shall be governed by the laws of the state of Iowa without regard to its conflict of law provisions. You and Northstar agree to submit to the personal and exclusive jurisdiction of the courts located within Linn County, Iowa.
- Waiver and Severability of Terms. The failure of Northstar to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the website or the Resources or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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