DCBA | LANDSCAPE ARCHITECTURE
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Terms & Conditions

 
 

Terms of Use & Privacy Policy

 

Terms of use

Acceptance of Terms of Use and Privacy Policy. The use of this website (the “Website”) is subject to the terms and conditions as defined and governed by these terms of use and privacy policy (collectively, the “Agreement”), which constitutes a legal binding agreement between you (“you”) and David C. Baldwin, Inc. (“we”, “us”, or “our”). By using the Website you hereby acknowledge that you have read, understood, and agree to be bound by the terms and conditions as defined and governed by this Agreement. 

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Website and receipt of data, materials and information available at or through the Website. 

We reserve the right to modify this Agreement or the content at the Website at any time, but have no obligation to update any information on the Website.

General Use Restrictions

You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.  You will not copy or distribute any part of the Website in any medium without our prior written authorization and you will not alter or modify any part of the Website.

You further agree not to disrupt, overwhelm, attack, modify or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. You agree not to alter or tamper with any information or materials on or associated with the Website. Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means –  including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Website or otherwise. In order to protect the integrity of the Website, we reserve the right at any time in our sole discretion to block members from certain IP addresses from accessing the Website.

All information, documents, forms, products, software and services provided as part of the Website, including without limitation trademarks, logos, graphics, images, and project photos, (the “Materials”) are provided to you by us subject to the terms of this Agreement.

You acknowledge and agree that you have no right to use, modify, edit, alter or enhance any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of the terms of this Agreement. 

You agree not to reproduce, transmit, display, distribute, “frame” or “mirror” the Website or any Materials on any other server or Internet-based device without advance written authorization from us or our licensors.

Third Party Content & Sites

The Website may contain links that will let you access other websites that are not under our control. The links are only provided as a convenience, and we do not necessarily endorse any of these sites. We assume no responsibility or liability for any material that may be accessed on other websites reached through the Website, nor do we make any representation regarding the quality of any product or service contained at any such site. We have no responsibility or liability for any material on other websites that may contain links to the Website.

Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, and our and our affiliates’ officers, directors, shareholders, principals, members, partners, employees, and agents from and against any claims, actions, liability, damages and/or demands, including, but not limited to, reasonable legal and accounting fees, made by any third party due to or resulting from (i) your use of the Website; or (ii) your violation of the rights of others, this Agreement, or any intellectual property or other right of any person or entity.

Miscellaneous

We control and operate the Website from our headquarters in Plano, Texas and make no representation that the Materials or any third party content in connection with the Website are appropriate or will be available for use in locations other than the United States. This Agreement will be governed by Texas law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Website only in the federal and state courts located in Collin County, Texas. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. Our failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. This Agreement constitutes the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. 

Intellectual Property Rights.  All information and/or Materials provided by the Website is subject to and protected by United States copyright laws and is owned by us, our affiliates or our licensors.  

Our Limited License to You. All of the Materials displayed on, available at, transmitted through, or used in connection with the Website, including without limitation, trademarks, service marks and copyrighted materials, are our property or are the property of our affiliates or licensors, and are protected by copyright, trademark, patent and other intellectual property laws. You may not use the Website or the Materials in any way that constitutes an infringement of our, our affiliates’, or our licensors’ intellectual property rights or that we have not specifically authorized in writing. You may not, without our permission, mirror or frame any Materials that are contained on the Website. We may prohibit unauthorized links to the Website and reserve the right to disable any unauthorized links or frames. You may not modify, copy, reproduce, republish, upload, post, re-post, transmit, translate, sell, create derivative works based upon, exploit, or distribute the Materials in any manner or in any medium without our written authorization. To request permission to use the Materials in a way not authorized in writing here or in any additional terms and conditions found on the Website, or provided by us, please contact us.

Copyright. We respect the intellectual property rights of others. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement at the Website is:

David C. Baldwin, Inc.
Attn: Copyright Agent
730 E. Park Blvd.
Plano, Texas 75074
Email: admin@davidcbaldwin.net

 

Last Revision Date: December 28, 2016

 

Privacy Policy

This Privacy Policy is provided to inform you of the ways we gather and use information at the Website. This Privacy Policy does not apply to any website linked to this Website, and neither David C. Baldwin, Inc. (“we”, “us”, or “our”) nor our officers, directors, affiliate companies, members, managers, or subsidiaries are responsible for the privacy policies or the content of such other websites.

Information Collection. Please be aware that we are committed to upholding the highest level of confidentiality and security for those who choose to visit our Website. 

Personal information identifies who you are. This is information that you personally and voluntarily provide as a result of a prompt on the Website. Such information includes, but is not limited to, your name, postal address, phone number, and email address. You may submit personal information in two areas of this Website: 1) when signing up to receive our newsletter or emails; and 2) by your browser allowing the Website to accept cookies. 

1. When you sign up to receive our newsletter and emails from us, we ask for basic information that includes, but is not limited to, your name, postal address, and email address. This information is used to personalize your emails and ensure that you receive relevant messages from us. You must be at least be the age of majority in your state to sign up for our newsletter subscription and to receive our emails.  

2. Cookies are small data files that can be placed on your hard drive by websites that you visit. The only personal information that a cookie can contain is information that you provide to us personally. 

Information Sharing and Disclosure. We will not rent, sell, lease, or share personal information about you with other organizations, except in response to subpoenas, court orders, or legal processes, or to establish and/or exercise our legal rights. 

Children’s Policy. Our Website is not directed at anyone under the age of 13. If you are under the age of 13, you must ask your parent or guardian before you email this Website or request that we send any information to you. We will not contact children under the age of 13 about special offers or for marketing purposes without a parent’s or guardian’s permission. We do not knowingly collect personally identifiable information from children under the age of 13. If a child under the age of 13 has provided our website with personally identifiable information, we ask that a parent or guardian contact us at admin@davidcbaldwin.net.

Unsubscribe from Our Mailings and Emails. If you desire to unsubscribe from our emails or newsletters, simply use the unsubscribe link. It is located at the bottom of our emails. If you wish to no longer receive our postal mailings, please contact us. 

Changes to this Privacy Policy. We reserve the right to make changes to this Privacy Policy without advance notice.

Contact Us. If you have any further questions regarding our Privacy Policy, please contact us at admin@davidcbaldwin.net.

 

Last Revision Date: December 28, 2016