Terms and Conditions

  1. GENERAL

    Use of the Messer Construction Co. website (the “Site”), located at www.messer.com, is governed by the following Terms and Conditions and a Privacy Policy, both of which Users must read before using the Site. All pages within this Site are owned and operated by Messer Construction Co. (Messer Construction Co., together with any and all affiliated entities, and the Messer Construction Co. Board of Directors, are referred to collectively herein as the “Company”). A “User” is defined as any person who accesses the Site. By using the Site, you agree to be bound by these Terms and Conditions, which may be wholly or partially changed, modified, added to or reduced at any time and without notice by the Company in its sole discretion. USER AGREES TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Users should visit the Site periodically to determine the applicable Terms and Conditions.

  2. USER CONDUCT AND USE OF THE SITE

    1. By submitting information and/or material (including, without limitation, the User’s contact information) to any area of the Site, the User agrees and consents to being contacted via email, mail, and/or telephone by Messer Construction Co. and related entities.
    2. User agrees to use the Site for lawful, noncommercial purposes only, and shall not use Site content for purposes of creating, developing or promoting programs competitive with the Company’s programs and services. User shall comply with all federal, state, and local laws applicable to the use of this Site and shall not transmit any material that violates or infringes in any way upon the rights of others (including, without limitation, any copyright, trademark or other intellectual property rights); is unlawful, threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or contains advertising or any solicitation.
    3. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site without notice.
    4. User agrees to indemnify, release and hold harmless the Company from any and all liability related to User’s use of the Site, including but not limited to, the User’s access to, submission of, or distribution of, information to or from the Site.
    5. User releases and holds harmless the Company from any and all liability arising from any misuse, unauthorized access, disclosure, alteration, or destruction of Site content and/or information contained in the Site by other Users or third parties.
    6. User agrees not to transmit or otherwise make available on the Site any personal information of any individual or any material protected by copyright, trademark or other proprietary right without the express permission of such individual or the owner of such rights, respectively. The burden of determining that transmission of the information is permissible, or that the material is not protected by such rights, is on the User. User shall be solely liable for and shall indemnify and hold the Company harmless for any damages resulting from any infringement of copyrights, trademarks, proprietary rights, violation of privacy or publicity rights, or any other harm resulting from the User’s submissions to, or transmission of information from, the Site.
  3. LINKING

    The Site may contain links and pointers to other Internet websites and/or resources. Links to and from the Site to other websites maintained by third parties, do not constitute an endorsement by the Company of any third party resources or their contents.

  4. COPYRIGHTS

    All content available at this site, such as text, graphics, logos, icons, images, audio clips, video clips, and/or other content, is the property of the Company or used by the Company with the permission of the owner of such content and is protected by U.S. and international copyright law. Furthermore, the compilation (including selection, composition, and arrangement) of all of the content on the Site is the exclusive property of the Company and protected by U.S. and international copyright law. The Company reserves the right to remove any content, from any source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such content) without notice. Users of the Site agree to not take any action with respect to content of the Site that would violate the intellectual property rights of the Company.

  5. TRADEMARKS

    “MESSER,” “FRANK MESSER & SONS CONSTRUCTION CO.,” “M (stylized),” “MESSER WE ARE BUILDING,” “WE ARE BUILDING” and “VALUEPATH” are registered trademarks and/or service marks of the Company. Registration of “SAFETY 4 SITE” and “SAFETY4SITE” trademarks and/or service marks are pending. The Company’s trademarks and service marks may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among consumers, or in any manner that dilutes, disparages, or devalues the Company or the Company’s mark.

  6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

    1. Use of Site services or access to any portion of the Site is done at the sole risk of User, and shall be solely in accordance with these Terms and Conditions.
    2. The Company will not be held liable for the receipt of any unwanted email or the content of any email resulting from or associated with the Company. At no time will the Company be held responsible for any inability to prevent emails from being sent to any party. If a User provides his or her email address to the Company, this will constitute permission for the Company to send emails regarding the Company and related entities, unless and until the User opts to unsubscribe from such email communications.
    3. THE SITE AND ITS SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT USER OR OTHER INFORMATION WILL BE COMPLETELY SECURE FROM UNAUTHORIZED ACCESS OR DISCLOSURE, OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.
    4. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE ANY PORTION OF THE SITE, LINKS TO THIRD-PARTY CONTENT, SUBMITTED CONTENT, ALL CONTENT OF THE COMPANY, OR ANY ERRORS, INACCURACIES, OMISSIONS OR LACK OF AUTHENTICITY IN ANY SUCH CONTENT, OR ANY LOSS, MISUSE, OR UNAUTHORIZED ACCESS, DISCLOSURE, ALTERATION OR DESTRUCTION BY USERS OR THIRD PARTIES OF INFORMATION SUBMITTED TO OR CONTAINED ON THE SITE.
    5. The above disclaimer of liability includes, without limitation, any damages or injury caused by any unavailability of service, error, deletion, theft, alteration, misuse, or destruction of data (including personal information submitted by Users), computer virus, tortious behavior, negligence, or any other cause of action or inaction. User assumes the entire cost of all damage, servicing, repair, or correction resulting from the use of the Site in any manner.
  7. MISCELLANEOUS

    1. GOVERNING LAW

      Any disputes arising out of or related to the use of the Site or these Terms and Conditions will be governed by the law of the State of Ohio, regardless of conflict of law provisions. Sole and exclusive jurisdiction and venue over any dispute arising out of or relating to these Terms and Conditions shall lie in the appropriate federal or state court in Hamilton County, Ohio.

    2. SEVERABILITY

      The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the other provisions hereof, and these Terms and Conditions will be construed and remain in full force and effect in all respects with such invalid or unenforceable provisions limited or excluded to the minimum extent required under applicable law.

    3. ENTIRE AGREEMENT

      These Terms and Conditions represent the entire agreement between the Company and Users with respect to use of the Site.

    4. LIMITATION ON CAUSES OF ACTION

      Any cause of action Users may have with respect to use of the Site must be commenced within one (1) year after the claim or cause of action arises.

  8. CONTACT/ADDRESS FOR LEGAL NOTICE

    All questions, comments and legal notices should be submitted to:

    Messer Construction Co.
    Attn: Tiffany Witham
    5158 Fishwick Drive
    Cincinnati, OH 45216