These Terms of Service apply to the products and services provided by Shepherd Contracting. By registering to use the Service, accessing the Service or providing access to the Service, you agree and acknowledge that you have read all of the terms and conditions of these Terms, you understand all of the terms and conditions of these Terms, and you agree to be legally bound by all
of the terms and conditions of these Terms.
Shepherd Contracting reserves the right to change or modify any of the terms and conditions contained in these Terms (or any policy or guideline of Shepherd Contracting) at any time and in its sole discretion. If Shepherd Contracting makes any changes to these Terms, Shepherd Contracting will provide notice of such changes by revising the “Last Updated” date above and, in some cases, may provide additional notice (such as by sending an email or other notification or by posting a notice on the Service). Any changes or modifications will be effective 7 days after Shepherd Contracting provides notice that these Terms have been modified (the “Notice Period”). Your continued use of the Service following the Notice Period will constitute your acceptance of such changes or modifications. You are advised to review these Terms whenever you access the Service and at least every 30 days to make sure that you understand the terms and conditions that apply to your use of the Service.
Shepherd Contracting operates the Service from Ireland. Shepherd Contracting makes no representation or warranty that all of the features of the Service will be available to you if you reside outside of the Ireland, or that they are permitted to be accessed outside of Ireland. By accessing and using the Service, you assent to the processing, transfer and storage of information about you in and to Ireland and other countries, where you may not have the same rights and protections as you do under local law.
General Grant and Ownership
Unless otherwise expressly indicated in these Terms, all information, materials, and content on or make available through the Service, including, without limitation, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively, “Shepherd Contracting Materials”) are exclusively owned by or are licensed to Shepherd Contracting and may be used only with permission. Except as explicitly stated in these Terms, Shepherd Contracting and our licensors reserve all rights in and to the Service and the Shepherd Contracting Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Service and the Shepherd Contracting Content for your own personal use[i]; however, such license is subject to these Terms and does not include any right to (a) sell, resell or commercially use the Service and the Shepherd Contracting Content; (b) copy, reproduce, distribute, publicly perform or publicly display Shepherd Contracting Content, except as expressly permitted by us or our licensors; (c) modify the Shepherd Contracting Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of the Service and the Shepherd Contracting Content; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use the Service and the Shepherd Contracting Content other than for their intended purposes. Any use of the Service and the Shepherd Contracting Content other than as specifically authorized herein, without our prior written
permission, is strictly prohibited and will terminate the license granted herein.
Any suggestions, comments, or other feedback provided by you to Shepherd Contracting with respect to the Service orShepherd Contracting (collectively, “Feedback”) will become the exclusive property of Shepherd Contracting will be free to use, disclose, reproduce, modify, create derivative works of, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.
You are granted a limited, non-exclusive right to create a text hyperlink to the Service, provided such link does not portray Shepherd Contracting or any of its products and services in a false,
misleading, derogatory, or defamatory manner and that the linking site does not contain any material that is offensive, illegal, harassing, or otherwise objectionable. This limited right may be revoked at any time. Shepherd Contracting makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by link from the Service. Shepherd Contracting provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Shepherd
Contracting of the corresponding site or any information contained in (or made available via) that site. When you leave the Site, Shepherd Contracting’s terms and policies no longer govern. You
should review the applicable terms and policies, including privacy and data-gathering practices, of any site to which you navigate from the Site.
Shepherd Contracting may run advertisements and promotions from third parties through or in connection with the Service or may provide information about or links to third-party products or
services. Your dealings or correspondence with, or participation in promotions of, any such third parties, and any terms, conditions, warranties, or representations associated with such dealings,
correspondence, or promotions, are solely between you and the applicable third party. Shepherd Contracting is not responsible or liable for any loss or damage of any sort incurred as the result
of any such dealings, correspondence, or promotions or as the result of the presence of such advertisers or third-party information made available through the Service.
Shepherd Contracting’s name, trademarks, logos, and all other Shepherd Contracting product names, service names, or slogans included in the Service are property of Shepherd Contracting and may not be copied, imitated, or used (in whole or in part) without Shepherd Contracting’s express prior written consent in each instance. The look and feel of the Service and the Site, including, without limitation, all custom graphics, button icons, and scripts constitute service marks, trademarks, or trade dress of Shepherd Contracting and may not be copied, imitated, or used (in whole or in part) without Shepherd Contracting’s express prior written consent. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Service (“Third-Party Trademarks”) are the property of their respective owners, and the use of such Third-Party Trademarks inures to the benefit of each owner. The use of any Third-Party Trademarks on the Service is typically intended to denote interoperability and does not constitute an affiliation by Shepherd Contracting and its licensors with such company or an endorsement or approval by such company of Shepherd Contracting or its licensors or their respective products or services.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH KONG INC. AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KONG INC.
Neither party will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, owner, or partner of the other party, and the relationship between the parties will
only be that of independent contractors. Neither party will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
You may not assign, delegate, or transfer (by sale, merger, operation of law, or otherwise) these Terms or any right, title, interest, or obligation hereunder without the prior written consent of
Shepherd Contracting. Any attempted or purported assignment, delegation, or transfer in violation of the foregoing will be null and void and without effect. Shepherd Contracting may assign these Terms without your prior written consent. These Terms will be binding and inure to the benefit of such assignees, transferees, and other successors in the interest of the parties in the event of an
assignment or other transfer made consistent with the provisions of these Terms.
Notwithstanding any terms to the contrary in these Terms, you acknowledge and agree that Shepherd Contracting uses a third-party hosting infrastructure in connection with the Services (“Third-Party Infrastructure”), the provider(s) of the Third-Party Infrastructure disclaim and make no representation or warranty with respect to such Third-Party Infrastructure, and Shepherd Contracting assumes no liability for any claim that may arise with respect to such Third-Party Infrastructure.
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, without limitation, that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at hello@byShepherd Contracting.com.
If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and
effect so long as the economic and legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Your use of a Service of Shepherd Contracting may be subject to a separate agreement between you and Shepherd Contracting If any of the terms of such separate agreement conflict with any of the terms of these Terms, the terms of such separate agreement will govern to the extent of such conflict.
Shepherd Contracting is not responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control including, but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), acts of terrorism, civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of
services provided by any service providers used by Shepherd Contracting, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful
acts of any third party.