Lindus Construction Terms and Conditions

Terms and Conditions

Last Updated: July 22 , 2024

Welcome to Lindus Construction!

These terms and conditions (“Terms”) outline the rules and regulations for the use of any Lindus Construction website, including lindusconstruction.com (collectively, the “Website”). “You” and similar terms means you, as an individual, as well as any organization, business, or entity on whose behalf you are accessing or using the Website (“Organization”). By accessing or using the Website, and entering into these Terms, you represent and warrant that you are authorized to enter into these Terms on behalf of yourself and such Organization.

By accessing this website, you accept these terms and conditions. These terms and conditions are a binding contract between you and Crush City Construction, LLC dba Lindus Construction (“Lindus Construction,” “we,” “us”). Do not continue to use our Website if you do not agree to all of the terms and conditions stated on this page.

We reserve the right to make changes to these terms and conditions at any time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

 

License:

Unless otherwise stated, Lindus Construction and/or its licensors own the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may access this Website for your own personal use subjected to restrictions set in these terms and conditions. Your access and use of the Website is at all times conditioned upon your compliance with applicable laws.

You must not:

• Copy or republish material from the Website
• Sell, rent, or sub-license material from the Website
• Reproduce, duplicate or copy material from the Website
• Redistribute content from the Website

Your Information:

You will need to provide certain registration details or other information to access the Website or some of the resources it offers. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to us via the Website, use of the Website, or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Account Security:

In order to access protected portions of the Website, you may be required to have an account with Lindus Construction. When you do so, the information you provide Lindus Construction must be accurate, complete and up-to-date. When registering with Lindus Construction, you shall not impersonate anyone else, choose names that are offensive, or violate anyone’s rights. If you do not follow these rules, we may cancel your account. Depending on the level of permissions assigned to your account, you may not have access to or be able to view or use all of the functions or features of the Website.

You acknowledge and agree that you are responsible for all the activity on your account, and for keeping your account credentials secure and confidential. If you have reason to believe that someone has accessed or used your account without your permission, you must immediately change your password and report the incident to Lindus Construction using the “Contact Us” details below. You will be held liable for losses incurred by Lindus Construction, or any other user of the Website, due to someone else using your Lindus Construction password or account. Lindus Construction cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

User Content:

Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website (“Comments”). The Copyright Policy at the end of these terms and conditions sets forth the procedure for making a claim relating to user-submitted content.

The Website does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Lindus Construction , its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Lindus Construction shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Lindus Construction reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Lindus Construction a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.

Transactions:

We may make available the ability to purchase or otherwise obtain access to services via the Website (“Transaction”).  An order is not binding upon Lindus Construction until it is accepted.\

In order to make a Transaction, you may be asked to supply certain relevant information, including your credit or payment card number and expiration date or similar payment information, your billing address, and shipping information. You represent and warrant that you have the right to use any credit or payment card or other payment mechanism that you submit in connection with a Transaction and that you have all authority necessary to enter into the Transaction. By submitting such information, you grant Lindus Construction the right to provide such information to third parties for the purposes of facilitating the Transaction. Verification of information may be required prior to the completion of any Transaction. In addition, you are responsible for any taxes applicable to your Transaction. You acknowledge and agree that Lindus Construction is not responsible for how any third-party credit card or other payment method processor transmits, stores, uses or shares your information.

Hyperlinking to our Content:

The following organizations may link to our Website without prior written approval:

• Government agencies;
• Search engines;
• News organizations;
• Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
• System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

• commonly-known consumer and/or business information sources;
• com community sites;
• associations or other groups representing charities;
• online directory distributors;
• internet portals;
• accounting, law, and consulting firms; and
• educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Lindus Construction ; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed above and are interested in linking to our website, you must inform us by sending an e-mail to Lindus Construction . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

• By use of our corporate name; or
• By use of the uniform resource locator being linked to; or
• Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Lindus Construction ‘s logo or other artwork will be allowed for linking absent a trademark license agreement.

We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website:

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer:

To the maximum extent permitted by applicable law, we expressly disclaim and exclude all representations, warranties, and conditions, direct or indirect, relating to our website and the use of this website. THE WEBSITE IS PROVIDED “AS IS.” LINDUS CONSTRUCTION SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. LINDUS CONSTRUCTION MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE.

Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website.

Limitations of Liability:

IN NO EVENT WILL LINDUS CONSTRUCTION BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (i) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (ii) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (iii) LOSS OF GOODWILL OR REPUTATION; (iv) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (v) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER LINDUS CONSTRUCTION WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL LINDUS CONSTRUCTION’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED $100.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Indemnification:

You agree to defend, indemnify, and hold Lindus Construction, its parent and affiliate entities, and all of its and their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, your violation of applicable laws, rules or regulations, or your breach of these Terms.

Governing Law, Waiver of Jury Trial, and Waiver of Class Actions

These Terms are governed by and construed in accordance with the laws of the State of Wisconsin, USA without giving effect to any choice or conflict of law provision or rule. Each party hereby submits to the exclusive jurisdiction of the state or federal courts in each case located in Saint Croix County, Wisconsin.

ANY CLAIM BY YOU MUST BE RAISED WITHIN TWELVE (12) MONTHS FROM THE DATE ON WHICH THE CLAIM AROSE OR IT IS WAIVED AND VOID.

Miscellaneous

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent. Unless you have an additional contract with Lindus Construction, these Terms and the Privacy Policy constitute the sole and entire agreement between you and Lindus Construction regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Contact Us

 

Lindus Construction

879 US Hwy 63

Baldwin, WI 54002

651-212-4221

 

Copyright Policy: 

Lindus Construction does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we confirm is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

• an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
• •Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works; Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material (i.e., including a description of where the material that you claim is infringing is located on this Website (including the URL, title and/or item number if applicable, or other identifying characteristics));
• your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
• a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our designated copyright agent to receive DMCA Notices is:

Lindus Construction, Attn: Marketing Director, 879 US 63, Baldwin, WI 54002, 612-212-4221, bridget.cramer@lindusco.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.