Terms and Conditions http://www.bayswater.cc is the official Web site of Bayswater Development Corporation (which is referred to herein as "Bayswater"), a developer of high-end waterfront condominium projects on Florida's east coast. Bayswater is a wholly owned subsidiary of The Goldfield Corporation. IF YOU VISIT HTTP://WWW.BAYSWATER.CC, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. Please read these conditions carefully. In addition, when you use any current or future Bayswater service or visit or purchase from any business affiliated with Bayswater, whether or not included in this Web site, you also will be subject to the additional guidelines and conditions applicable to such service or business. This Web site and these Terms and Conditions may be changed by Bayswater with or without notice. Please review this link on a regular basis for changes. Continued use of this Web site following any change constitutes your acceptance of the change. 1. PRIVACY Bayswater respects the privacy of its customers and other users of its Web site and recognizes that privacy issues represent a growing concern for all Web users. Bayswater is committed to protecting the privacy of users at all times. That's why Bayswater maintains strict privacy policies and uses technologies to safeguard customer information. 1.1 What kind of information does Bayswater collect from site visitors? When you visit Bayswater's Web site, there are two kinds of information Bayswater 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. Bayswater 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 Bayswater with another way to communicate with customers and meet customer needs. Bayswater does not sell or trade customer information. Bayswater will not sell or trade personally identifiable information to any third party without your prior authorization. The Internet medium will not change this. Bayswater only collects your personally identifiable information in order to provide you with better online services. 1.2 E-Mail Receipt of e-mails gives Bayswater another convenient way to communicate with its customers and other users of its Web site. We hope to periodically provide you new information about the company that will benefit you. Bayswater 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 Bayswater's electronic mailing lists, please contact us in writing. 1.3 Use of cookies The use of "cookies" is standard when offering online services. A "cookie" is a piece of data stored by each user's browser that contains information about the user of the computer. It is a small-encrypted data string Bayswater's server writes to your hard drive. This data string contains a unique identification for this Web site and helps us recognize return visitors and allows us to deliver Web content in accordance with your interests. Cookies allow Bayswater to track and target the interests of users and better tailor the company's Web site to match your preferences. When you visit Bayswater's Web site, we will recognize you by your Internet cookie and may customize your experience accordingly. You can use your Internet browser to erase cookies from your hard drive, block cookies or give you a warning before a cookie is stored. Please refer to your browser's instructions for help with these options. Please note the placement of cookies may be necessary in order to register for any of Bayswater's online services. It will be your choice to accept these services and the use of cookies. 2. ELECTRONIC COMMUNICATIONS When you visit Bayswater's Web site or send e-mails to Bayswater, you are communicating with Bayswater electronically. Once you've contacted Bayswater electronically, we will communicate with you by either e-mail or posting Web site notices. By communicating with Bayswater electronically you consent to receive communications from Bayswater electronically, and you agree that all agreements, notices, disclosures and other communications that Bayswater provides to you electronically satisfy any legal requirement that such communications be in writing. 3. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE 3.1 This Web site contains proprietary material of Bayswater, its affiliates or its content suppliers that is protected by copyright and other laws respecting proprietary rights. All content included on this Web site including, but not limited to, text, graphics, logos, button icons, images, audio clips and digital downloads is the property of Bayswater, its affiliates or its content suppliers and protected by United States and international copyright laws. The site is 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 this site is the property of Bayswater, its affiliates or its software suppliers and protected by United States and international copyright laws. Bayswater and its affiliates retain all rights in this Web site and the materials herein, including, without limitation, all copyright and other proprietary rights worldwide in all media. You may not use this site or any material herein except as expressly permitted under these Terms and Conditions. 3.2 This Web site contains graphics, logos, page headers, button icons, scripts, and service names that are trademarks or trade dress of Bayswater or its affiliates. These trademarks and trade dress may not be used in connection with any product or service that is not Bayswater'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 Bayswater. All other trademarks not owned by Bayswater or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Bayswater. 3.3 Bayswater grants you a limited license to access and make personal use of this Web site. 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 this Web site in whole or in part. In no event shall materials from this Web site be stored in any information storage and retrieval system without the prior written permission from Bayswater. This license does not permit resale, trade or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; 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 solicitation, 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. Bayswater reserves the right (but not the obligation) to remove or edit such content. If you do submit material to this Web site, you grant Bayswater 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 Bayswater 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 Bayswater for all claims resulting from content you supply. Bayswater has the right, but not the obligation, to monitor and edit any messages, material or content submitted by you. Bayswater takes no responsibility and assumes no liability for any content submitted by you or any third party. 5. OTHER BUSINESSES Bayswater provides links to the Web sites of affiliated companies and certain other businesses. Bayswater 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. Bayswater 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 Bayswater. 6. DISCLAIMERS 6.1 While Bayswater attempts to include accurate information on its Web site, occasional errors or omissions in content may occur. Bayswater 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, THIS WEB SITE IS PROVIDED TO YOU "AS IS" AND ON AN "AS AVAILABLE" BASIS. BAYSWATER MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. BAYSWATER DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE OR THE INFORMATION IT CONTAINS. BAYSWATER DOES NOT WARRANT THAT THE SITE IS EITHER ERROR-FREE IN CONTENT OR FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS. BAYSWATER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY YOUR USE OF THE SITE, YOUR RELIANCE ON THE INFORMATION CONTAINED IN THE SITE OR BAYSWATER'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 THIS WEB SITE 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 Bayswater 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 this Web site and its 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 this Web site, including, but not limited to, any errors in or omissions therefrom, (c) the unavailability of this Web site or any portion thereof, (d) your use of this Web site, or (e) your use of any equipment of software in connection with this Web site. 6.3. The information contained in this Web site 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 THIS WEB SITE, INCLUDING ITS CONTENT, REGARDLESS OF NEGLIGENCE OF ANY COVERED PARTY. "Covered Party" means The Goldfield Corporation and its subsidiaries, including Bayswater, 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 this Web site. 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. BAYSWATER 'S ADDRESS Bayswater Development Corporation, 1684 West Hibiscus Boulevard, Melbourne, Florida 32901. http://www.bayswater.cc 10. TERMINATION This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of this Web site and destroying all materials obtained from it. 11. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU IN FULL, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.