ECKMAN
& MITCHELL CONSTRUCTION, LLC
Privacy Policy and Terms and Conditions of Use
Welcome
to the Eckman & Mitchell Construction, LLC web site. The following
describes how we handle information we may learn about you from
your visit to our Web site. The following also provides the rules
that govern use of our site. Please read on.
These Terms And Conditions Govern Your Use Of Our Site
These Terms and Conditions of Use constitute the contractual
agreement between you and
Eckman & Mitchell regarding your use of our site and any activities
or transactions you may
conduct through our site. They also contain our Privacy Policy
(our commitment to you concerning how we use information you provide
to us). Your use of our site constitutes your agreement
to follow and be bound by these Terms and Conditions of Use and
by our Privacy Policy (collectively, our “Terms and Conditions”).
As used in these Terms and Conditions, the words “you”
and “your” refer to any person accessing the Eckman
& Mitchell web site. The words “we,” “us,”
and “our” refer to Eckman & Mitchell. We reserve
the right to modify, alter, or otherwise update these Terms and
Conditions at any time. We will post any such change at this site,
so you are encouraged to review these Terms and Conditions from
time to time. Any changes will apply prospectively only. Your
continued use of our site following the posting of changes to
these Terms and Conditions will constitute your acceptance of
any and all posted changes.
We may of course change, move or delete portions of our
site, or add to our site from time to time.
Scope
These Terms and Conditions apply only to information
you provide to us online while visiting or using our Web site.
They do not apply to information we have obtained offline, or
through other traditional means.
Information Is Provided Solely for Informational Purposes
ALL MATERIALS ON OUR WEB SITE (“MATERIALS”) ARE PROVIDED
SOLELY FOR INFORMATIONAL PURPOSES.
We Keep Personal Information Private And We Limit Our Use Of Personal
Information
Information you may provide in visiting our site falls
into two broad categories: personally
identifiable information, and aggregate information. “Personally
Identifiable Information” is
information that can be used to identify or contact you, such
as your name, email address, or
mailing address. “Aggregate Information” is information
that does not identify you, and may
include, for example, statistical information concerning the Web
pages on our site that users most frequent. Our Privacy Policy
governs both categories of information. The information we receive
depends upon what you do when you visit our site, as detailed
below.
We do not share with unrelated third parties any Personally
Identifiable Information you provide to us. By “unrelated
third parties” we mean anyone who is not directly involved
in the maintenance or running of our site, or not involved in
fulfilling requests you make at our site.
We use Personally Identifiable Information you provide to us when
you visit our site strictly for the purposes for which you have
provided it. For example, if you request to receive Eckman &
Mitchell newsletters and notices of events, and you provide us
with contact information (which may include Personally Identifiable
Information, such as an e-mail address, mailing address, or phone
number), we will use that information to contact you regarding
your request or to send you the information. If, at any time,
you decide you no longer wish to receive such information, simply
notify us to that effect (for contact information, see section
below entitled “How To Contact Us”).
In the event that Eckman & Mitchell desires to assign
or transfer your Personally Identifiable
Information and its rights hereunder to a third party, you agree that Eckman & Mitchell may do so, on the condition that such third party agree to abide by Eckman & Mitchell’s applicable
Terms and Conditions concerning privacy. Eckman & Mitchell,
however, cannot and does not guarantee or warrant that such third
party will in fact abide by Eckman & Mitchell’s applicable
Terms and Conditions concerning privacy, and Eckman & Mitchell
expressly disclaims any such obligations.
Security Of The Personal Information You Provide To
Us
Each of our employees and volunteers abides by our Privacy Policy,
and only authorized employees have access to your Personally Identifiable
Information. We have in place security control systems designed
to prevent unauthorized disclosure of your Personally Identifiable
Information.
DUE TO THE NATURE OF THE INTERNET AND DEVELOPING ECHNOLOGIES,
WE CANNOT, HOWEVER, PROVIDE ASSURANCES AS TO THE SECURITY OF YOUR
INFORMATION, AND ECKMAN & MITCHELL EXPRESSLY DISCLAIMS ANY
SUCH OBLIGATIONS.
Exception To Our Privacy Policy
There is an exception to our Privacy Policy in that it
may be necessary for Eckman & Mitchell to release or use Personally
Identifiable Information we in good faith believe is appropriate
in connection with legal proceedings, or in response to a subpoena,
warrant, court order, levy, attachment, order of a court-appointed
receiver, or other comparable legal process, including subpoenas
from private parties in a civil action.
Correcting Information; Opting Out
If at any time you would like us to update or correct
Personally Identifiable Information you have previously provided
to us, feel free to contact us using the contact information provided
below in the “How To Contact Us” section, and we will
update or correct your Personally Identifiable Information to
the extent your request does not compromise our privacy policies.
In addition, if you request, we will use commercially reasonable
efforts to remove your name and Personally Identifiable Information
from any database(s) we may maintain. Please understand, however,
that it may be impossible to remove this information completely,
due to backups and records of deletions. If you with to remove
your name from any database(s) we may maintain, please notify
us in writing to this effect by using the contact information
provided below in the “How To Contact Us” section.
Use Of “Cookies”
We may collect Aggregate Information about your use of
our site through cookies and similar
Internet technologies. “Cookies” are small pieces
of information that a Web site transfers to your hard drive, where
it is stored by your browser on your computer’s hard drive
for record-keeping purposes (such as storing user preferences).
If we use cookies, they do not collect or retain your name or
other Personally Identifiable
Information. If we use cookies, we will treat all information
that may be collected through cookies and similar Internet technologies
as Aggregate Information. In addition, no third parties are permitted
to use cookies we may create at our site for their own purposes.
Please be advised, however, that sites you link to from our site
may use cookies. You should read and understand the privacy policy
of the site(s) you link to in order to determine whether and how
a particular site uses cookies.
Most browsers are initially set up to accept cookies. You can
reset your browser to refuse all
cookies or indicate when a cookie is being sent. Please consult
the help section of your Web
browser software to learn how to do this.
If You Visit Our Site To Browse Or To Read Or Download Information
We may collect and store: the name of the domain name
and host from which you access the
Internet (for example, aol.com); the Internet Protocol (IP) address
of the computer you are using; the browser software you use and
your operating system; the date and time you access our site,
and other activity on our site; and the Internet address of the
Web site from which you linked to our site.
If we collect this information, we use it for system administration,
to measure the number of
visitors to our site, to improve site performance, to help us
make our site more useful and/or to gather broad Aggregate Information.
We do not link an IP address to Personally Identifiable Information,
meaning that a user’s session will be logged but the user
remains anonymous to us. If we do decide to link any aggregate
information, or your IP address to your Personally Identifiable
Information, we will treat the resulting information as “Personally
Identifiable Information” for all purposes under our Privacy
Policy contained herein.
Ownership Of Site Contents; Downloading
Unless otherwise noted, all text, images, illustrations,
designs, icons, photographs, video clips, and other materials
that are part of our site (collectively, the “Contents”)
are copyrighted works, trademarks, trade dress, or other intellectual
properties owned, controlled, or licensed by Eckman & Mitchell
or used under principles of “fair use.”
The Contents of our site and the site as a whole are intended
solely for your personal use. You may download or copy the Contents
and other downloadable materials displayed on our site for such
uses, provided that you do not remove any copyright or other proprietary
notices contained on the materials. By allowing you to download
these materials, we expressly do not transfer to you any right,
title, or interest in the materials.
Links To Other Web Sites
Our site contains links to other sites (“Third
Party Sites”). We do not necessarily endorse,
sanction, or verify any of these Third Party Sites or anything
posted on these sites, and we provide these links merely for the
convenience of our users. Once you access a Third Party Site through
a link on our site, you are subject to the privacy policy and
terms and conditions of use of the Third Party Site. We have no
control and bear no responsibility for any action or policy associated
with any Third Party Site. Concerns regarding a Third Party Site
should be directed to the Third Party Site.
Policies For Children (Individuals Under 13 Years Of Age)
Our site is not a Web site directed to children under
the age of 13. However, we hereby advise all visitors
to our Web site under the age of 13 not to disclose or provide
any Personally Identifiable Information on our site.
In the event we discover that a child under the age of 13 has
provided Personally Identifiable Information to us, in accordance
with the Children’s Online Privacy Protection Act of 1998,
we will delete the child’s Personally Identifiable Information
from our files.
For more information regarding a child under the age of 13 providing
Personally Identifiable
Information, see the Federal Trade Commission’s Web site
explaining the Children’s Online
Privacy Protection Act of 1998 at http://www.ftc.gov/bcp/conline/edcams/kidzprivacy/.
User Comments
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted, or offered to Eckman
& Mitchell through our site or otherwise disclosed, submitted,
or offered in connection with your use of our site (collectively,
“Comments”) shall be and remain the property of Eckman
& Mitchell. You agree that Eckman & Mitchell may use or
disclose Comments in any manner consistent with our Privacy Policy.
Eckman & Mitchell shall be free to use, without restriction
and without compensation to you, any ideas, concepts, know-how,
suggestions, or techniques contained in any Comments you send
to us for any purpose whatsoever.
Eckman & Mitchell has no obligation to respond to any Comments,
and we reserve the right, but undertake no duty, to review, edit,
move, or delete any material posted by users on our site, in our
sole discretion and without notice.
Content Of User-Posted Information; Other Use Of Site
You are prohibited from posting or transmitting any advertising
“spam,” unlawful, or other
material we deem inappropriate for our site. Eckman & Mitchell
disclaims all responsibility or liability arising from the content
of any user postings. You agree to refrain from undertaking any
activity that imposes an unreasonable or disproportionate burden
on our site. Eckman & Mitchell reserves the sole and absolute
discretion to deny, revoke, or otherwise restrict the access privileges
of any user who at any time fails to comply with these Terms and
Conditions.
Complaints Over Perceived Infringement
Eckman & Mitchell respects intellectual property
rights, and will terminate registered users (if applicable) and
deny access to others who, in our discretion, repeatedly infringe
the intellectual property rights of others. In addition, we will
use efforts that are commercially reasonable in light of our resources
to accommodate generally accepted technical measures used by copyright
owners to identify and protect their copyrighted works. If you
believe that materials posted on our site infringe rights you
enjoy under copyright law in specific materials (collectively,
a “Work”), we request that you follow the procedure
described below to notify us of your concerns or objections. In
turn, we agree to respond to your notice, as outlined below, and
remove or disable access to material that you believe infringes
your Work.
Designated Agent
If you believe materials posted on our site infringe
the copyright in your Work, please direct your concerns to our
agent, designated under the Digital Millennium Copyright Act (17
U.S.C. §512) to respond to such concerns (our “Designated
Agent”):
Curtis Padjen
Eckman & Mitchell Construction, LLC
3032 South 1030 West
Salt Lake City, UT 84119-3343
Your notice to our Designated Agent should follow the notice provisions
set out in the Digital Millennium Copyright Act (17 U.S.C. §512).
Additional information can be obtained from the Web site of the
Copyright Office located at http://www.loc.gov.
Disclaimer
While we use reasonable efforts to include accurate and
up-to-date information on our site, we make no warranties or representations
as to its accuracy. Eckman & Mitchell assumes no liability
or responsibility for any errors or omissions in the content on
our site.
OUR SITE AND ALL CONTENTS OF OUR SITE ARE PROVIDED ON AN “AS
IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ACKNOWLEDGE BY YOUR USE OF OUR SITE THAT YOUR USE
OF OUR SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY
FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS
OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE,
AND THAT ECKMAN & MITCHELL SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RELATED TO YOUR USE OF OUR SITE.
Please note that some jurisdictions may not allow the
exclusion of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any restrictions
or limitations regarding the exclusion of implied warranties.
Indemnification
You agree to defend, indemnify and hold Eckman &
Mitchell, its employees, agents and assignees harmless from and
against any and all claims, damages, costs, and expenses, including
attorney’s fees, arising from or related to your failure
to comply with these Terms and Conditions.
Limitation of Liability
NEITHER ECKMAN & MITCHELL NOR ANY OTHER PARTY INVOLVED IN
CREATING, PRODUCING, OR DELIVERING OUR SITE SHALL BE LIABLE FOR
ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE
DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF OUR SITE.
Choice Of Law And Jurisdiction
Unless otherwise specified, our site and the Contents
thereof are displayed solely for the purpose of promoting the
goods of Eckman & Mitchell. Our site is controlled and operated
by Eckman & Mitchell from its location in Salt Lake City,
Utah. This Agreement shall be construed in accordance with the
laws of the State of Utah, without regard to any conflict of law
provisions. Any dispute arising under these Terms and Conditions
shall be resolved exclusively by the state or federal courts sitting
in Utah.
How To Contact Us
If you have any questions about our Terms and Conditions
or your dealings with our Web site, you may contact us:
by calling 801-908-0604;
by emailing info@emconstruction.com
or by mail at 3032 South 1030 West, Salt Lake City, Utah 84119-3343
If you experience technical problems with the operation of our
Web site, contact our Webmaster at:
by calling 801-908-0604;
by emailing info@emconstruction.com
or by mail at 3032 South 1030 West, Salt Lake City, Utah 84119-3343
