Terms and Conditions
The official Web site of The Goldfield Corporation is http://www.goldfieldcorp.com (which, together with its subsidiaries, is referred to herein as “Goldfield”), a leading provider of electrical construction and maintenance services in the energy infrastructure industry throughout most of the United States. Goldfield specializes in installing and maintaining electrical transmission lines for a wide range of electric utilities. Goldfield is also involved in the development of residential properties on Florida’s east coast.
IF YOU VISIT HTTP://WWW.GOLDFIELDCORP.COM, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. Please read these conditions carefully. In addition, when you use any current or future Goldfield service or visit or purchase from any business affiliated with Goldfield, whether or not included in Goldfield’s Web sites, you also will be subject to the additional guidelines and conditions applicable to such service or business.
This Web site, the Web sites maintained by subsidiaries of The Goldfield Corporation, and these Terms and Conditions may be changed by Goldfield with or without notice. Please review this link on a regular basis for changes. Continued use of Goldfield’s Web sites following any change constitutes your acceptance of the change.
Goldfield respects the privacy of its stockholders, customers and other users of its Web sites and recognizes that privacy issues represent a growing concern for all Web users. Goldfield is committed to protecting the privacy of users at all times. That’s why Goldfield maintains strict privacy policies and uses technologies to safeguard customer information.
1.1 What kind of information does Goldfield collect from site visitors?
When you visit Goldfield’s Web sites, there are two kinds of information Goldfield is likely to collect or track:
1. Non-personal statistical information – anonymous information on subjects such as: the number of visitors who come to the site, how those visitors navigate through the site and which browsers they use.
2. Personal information you knowingly supply in online forms, registration forms or surveys. This information is called “personally identifiable information” and is used to associate usage information with a specific individual or entity. Examples of personally identifiable information include, but are not limited to, name, address, telephone number and e-mail address. It is common business practice to collect such information in order to conduct business and provide customers with specific services. Goldfield has collected this information from customers in the past to provide services through the mail or over the telephone. The emergence and popularity of the Internet provides Goldfield with another way to communicate with customers and meet customer needs. Goldfield does not sell or trade customer information. Goldfield will not sell or trade personally identifiable information to any third party without your prior authorization. The Internet medium will not change this. Goldfield only collects your personally identifiable information in order to provide you with better online services.
Receipt of e-mails gives Goldfield another convenient way to communicate with its customers, investors and other users of its Web sites. We hope to periodically provide you new information about the company that will benefit you. Goldfield will not, however, send you e-mails if you do not wish to receive them. If at any time you would like to remove yourself from any of Goldfield’s electronic mailing lists, please contact us in writing.
2. ELECTRONIC COMMUNICATIONS
When you visit Goldfield’s Web sites or send e-mails to Goldfield, you are communicating with Goldfield electronically. Once you’ve contacted Goldfield electronically, we will communicate with you by either e-mail or posting Web site notices. By communicating with Goldfield electronically you consent to receive communications from Goldfield electronically, and you agree that all agreements, notices, disclosures and other communications that Goldfield provides to you electronically satisfy any legal requirement that such communications be in writing.
3. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE
3.1 Goldfield’s Web sites contain proprietary material of Goldfield or its content suppliers that is protected by copyright and other laws respecting proprietary rights. All content included on Goldfield’s Web sites including, but not limited to, text, graphics, logos, button icons, images, audio clips, and digital downloads is the property of Goldfield or its content suppliers and protected by United States and international copyright laws. These sites are also protected by copyright as a collective work and/or compilation, pursuant to United States copyright and International copyright laws. Furthermore, all software used on these sites is the property of Goldfield or its software suppliers and protected by United States and international copyright laws. Goldfield retains all rights in its Web sites and the materials herein, including, without limitation, all copyright and other proprietary rights worldwide in all media. You may not use these sites or any material herein except as expressly permitted under these Terms and Conditions.
3.2 Goldfield’s Web sites contain graphics, logos, page headers, button icons, scripts, and service names that are trademarks or trade dress of Goldfield. Goldfield’s trademarks and trade dress may not be used in connection with any product or service that is not Goldfield’s, may not be used in any manner that is likely to cause confusion among customers, and may not be used in any manner that disparages or discredits Goldfield. All other trademarks not owned by Goldfield that appear on these sites are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Goldfield.
3.3 Goldfield grants you a limited license to access and make personal use of its Web sites. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, download (other than documents, PDFs, or page caching), display, or in any way exploit, any of the content, software, materials or Goldfield’s Web sites in whole or in part. In no event shall materials from Goldfield’s Web sites be stored in any information storage and retrieval system without the prior written permission from Goldfield. This license does not permit resale, trade or commercial use of these sites or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these sites or their content; any downloading or copying of account information for the benefit of another; or any use of data mining, robots, or similar data gathering and extraction tools.
4. COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Users may submit suggestions, ideas, comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitations, chain letters, mass mailings or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity or otherwise mislead as to the origin of content. Goldfield reserves the right (but not the obligation) to remove or edit such content. If you do submit material to Goldfield’s Web sites, you grant Goldfield a nonexclusive, royalty-free, perpetual, irrevocable and fully licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media without compensation whatsoever to you. You grant Goldfield the right, but not the obligation, to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Goldfield for all claims resulting from content you supply. Goldfield has the right, but not the obligation, to monitor and edit any messages, material or content submitted by you. Goldfield takes no responsibility and assumes no liability for any content submitted by you or any third party.
5. OTHER BUSINESSES
Goldfield provides links to the Web sites of affiliated companies and certain other businesses. Goldfield is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Goldfield does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review the privacy statements and other conditions of use of these links. Please be aware that these other sites have privacy policies that differ from those of Goldfield.
6.1 While Goldfield attempts to include accurate information on its Web sites, occasional errors or omissions in content may occur. Goldfield will make reasonable efforts to correct these errors or omissions, but can make no representation regarding the accuracy of the information provided. EXCEPT AS SPECIFICALLY PROVIDED ABOVE, THESE WEB SITES ARE PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS. GOLDFIELD MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. GOLDFIELD DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY OR FITNESS FOR A PARTICULAR PURPOSE OF THESE SITES OR THE INFORMATION THEY CONTAIN. GOLDFIELD DOES NOT WARRANT THAT THESE SITES ARE EITHER ERROR-FREE IN CONTENT OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. GOLDFIELD SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY YOUR USE OF THESE SITES, YOUR RELIANCE ON THE INFORMATION CONTAINED IN ITS SITES OR GOLDFIELD’S SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE WEB SITES IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
6.2 Goldfield disclaims all responsibility for any loss, injury, claim, liability or damage of any kind resulting from, arising out of, or any way related to (a) any errors in or omissions from its Web sites and their content, including, but not limited to, technical inaccuracies and typographical errors, (b) any third party Web sites or content therein directly or indirectly accessed through hot links in Goldfield’s Web sites, including, but not limited to, any errors in or omissions therefrom, (c) the unavailability of Goldfield’s Web sites or any portion thereof, (d) your use of Goldfield’s Web sites, or (e) your use of any equipment of software in connection with Goldfield’s Web sites.
6.3 The information contained in Goldfield’s Web sites is not an offer or an invitation to invest in the shares of The Goldfield Corporation. The information provided should not be relied upon in connection with any investment decision. You should always seek appropriate professional advice in relation to such investment decisions.
6.4 LIMITATIONS OF LIABILITY A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE WEB SITES, INCLUDING THEIR CONTENT, REGARDLESS OF NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means The Goldfield Corporation and its subsidiaries, and any past, present or future officer, director, employee, parent company, subcontractor, agent, insurer, insured, predecessor, successor, partner or assign of each.
7. APPLICABLE LAW AND DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to its choice of law provisions, as they apply to agreements made and performed in the State of Delaware. All disputes concerning these Terms and Conditions shall be heard in either the Judicial District Courts of the State of Delaware or the United States District Court for the District of Delaware, and each of the parties hereby waives any objection that it may have to the laying of venue in such courts.
8. ENTIRE AGREEMENT AND SEVERABILITY
These Terms and Conditions constitute the entire agreement with respect to your access to and use of Goldfield’s Web sites. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
9. GOLDFIELD’S ADDRESS
The Goldfield Corporation, 1684 West Hibiscus Boulevard, Melbourne, Florida 32901. http://www.goldfieldcorp.com
This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of Goldfield’s Web sites and destroying all materials obtained from them.
11. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF GOLDFIELD’S WEB SITES.