Please read the terms and conditions of this Disclaimer & Limitation of Liability (the Disclaimer) carefully prior to using this Site. By using this Site, you indicate your acceptance of the terms below. If you do not accept or agree to these terms, do not use this Site. Garbett Homes may modify this Disclaimer at any time, and such modifications shall be effective immediately upon posting of the modified Disclaimer. You agree to review the Disclaimer periodically to be aware of such modifications and your continued access or use of the web site shall be deemed your conclusive acceptance of the modified Disclaimer.
Garbett Homes makes every effort to ensure that all information displayed on this Site is accurate and complete, but it is not liable for any errors, inaccuracies or omissions. The majority of information is liable to change without notice. The links contained in this Site are displayed for ease of access, but Garbett Homes is in no way responsible for any information displayed on any other web site.
Garbett Homes reserves the right to make changes to the information, materials, authors, speakers, illustrations, products, services, seminars, specifications, availability, plans, and terms and conditions associated with this Site at any time, without notice, and without incurring obligations or liability of any kind. Garbett Homes shall not be responsible for any errors or omissions contained on this Site, and does not warrant that defects in this Site will be corrected. Garbett Homes reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, Garbett Homes has no liability to make changes to existing product(s) and /or content. Garbett Homes does not warrant that this Site will be uninterrupted. Accordingly, all Garbett Homes and third party information is provided on an "AS IS, AS AVAILABLE" basis without warranties OF ANY KIND. In no event will Garbett Homes be liable for (1) any incidental, consequential, or indirect damages arising out of the use or of inability to use this Site, or any information, or transactions provided on this Site or downloaded from this Site, even if Garbett Homes or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through this Site. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or countries, Garbett Homes's liability is limited to the greatest extent permitted by law.
Copyright 2008 Garbett Homes and/or its affiliates or sponsors. All rights reserved. By using this site, you agree to respect our trademarks and site usage terms and conditions. Please email us with questions or inquiries at firstname.lastname@example.org. All product names or services mentioned are trademarks or registered trademarks of their respective owners.
In no event shall Garbett Homes be liable for any damages whatsoever, and in particular Garbett Homes shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this Site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that Garbett Homes cannot and does not guarantee or warrant that files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of this Site and the Internet. Garbett Homes does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to this Site, any merchandise, information or service provided through this Site or on the Internet generally, and Garbett Homes shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through this Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You agree to indemnify, defend and hold harmless Garbett Homes, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any activity related to your submissions to this Site (including any negligent or wrongful conduct).
This Disclaimer is governed and construed in accordance with the laws of the State of Utah, United States of America. You agree that any legal action or proceeding between Garbett Homes and you for any purpose concerning this Site, this Disclaimer or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Utah. Any cause of action or claim you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Garbett Homes's failure to insist upon or enforce strict performance of any provision of this Disclaimer shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Disclaimer. Garbett Homes may assign its rights and duties under this Disclaimer to any party at any time without notice to you. If any provision or portion of this Disclaimer shall be invalid or unenforceable for any reason, it is understood and agreed that such invalidity or unenforceability of any provision or portion of this Disclaimer shall not affect the validity or enforceability of the other provisions or portions of this Disclaimer.