This Website Terms and Conditions of Use, collectively with any other documents referenced herein (collectively, the “Terms”) govern your access and use of the website(s) operated by [Johns Creek Concrete Pros, and all of its affiliates and subsidiaries] (collectively, “Johns CreekConcretePros”, the “Company”, “we”, “us”, or “our”), including the website located at www.johnscreekconcretepros.com and any website or social media page operated by the Company that links to these Terms (collectively, the “Sites”). These Terms set forth the terms and conditions under which you may access and use the Sites and any services provided by the Company that are made available on the Sites (the “Services”).
Where we have given you (or where you have chosen) a password for access to certain parts of the Sites or Services, it is your obligation to keep this password confidential and not disclose it to any other person or entity. You acknowledge and agree that your account is personal to you and agree not to provide any other person with access to the Sites or Services, or portions of them, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any reason, including if, in our opinion, you have violated any provision of these Terms.
The Sites, Services and all of our content, features, and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) and any material we post on the Social Media Pages, are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
In addition, you shall not modify copies of any materials from the Sites or Services nor delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Sites or Services.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites or Services in breach of these Terms, your right to use the Sites and Services will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Sites or Services, or any content on the Sites or Services, is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Sites or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
You may use the Sites and Services only for lawful purposes and in accordance with these Terms. You agree not to use the Sites or services
attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites or Services, the server on which the Sites or Services are stored, or any server, computer, or database connected to the Sites or Services.
attack the Sites or Services via a denial-of-service attack or a distributed denial-of-service attack or other similar mechanism.
use the Sites or Services in any way that could interfere with the rights of the Company or the rights of other users of the Sites or Services.
Certain portions of the Sites may contain message boards, chat rooms, personal web pages, profiles, forums, requests for information, or bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you and other users to publish or display comments, content or materials on public areas (hereinafter, “Post”) of the Sites or to transmit comments, content or material to other users of the Sites and/or you may provide comments, content or materials to us or our affiliates through other means, such as electronic communications. All comments, content and materials you Post or transmit on or through the Sites and/or that you provide to us or our affiliates through other means, such as electronic communications, are collectively referred to herein as “User Contributions”.
All User Contributions must comply with the “Content Standards” section set forth below in these Terms.
Any User Contribution will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us, our affiliates, and our service providers, and each of their and our respective licensees, successors, and assigns, the right throughout the universe to use, reproduce, modify, perform, prepare derivative works based upon, display, distribute, publish, and otherwise disclose to third parties any such material, in whole or in part, for any purpose in any medium, known or unknown, without consent or attribution.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you have sole and full responsibility for such User Contributions, including the legality, reliability, accuracy, and appropriateness thereof.
We are not responsible, or liable to you or any third party, for any User Contributions or the content or the accuracy thereof.
Remove or refuse to Post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, including the Content Standards section below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Sites or Services or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material Posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Sites or Services.
Terminate or suspend your access to all or any part of any of the Sites or Services for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Contributions.
YOU WAIVE ALL LIABILITY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY, ANY OF THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot undertake to review User Contributions before it is Posted and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or User Contributions provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
THE INFORMATION PRESENTED ON OR THROUGH THE SITES AND SERVICES IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITES OR SERVICES, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
THE SITES MAY INCLUDE CONTENT PROVIDED BY THIRD PARTIES, INCLUDING MATERIALS PROVIDED BY OTHER USERS, BLOGGERS, AND THIRD-PARTY LICENSORS, SYNDICATORS, AGGREGATORS, AND/OR REPORTING SERVICES. ALL STATEMENTS AND/OR OPINIONS EXPRESSED IN THESE MATERIALS, AND ALL ARTICLES AND RESPONSES TO QUESTIONS AND OTHER CONTENT, OTHER THAN THE CONTENT PROVIDED BY THE COMPANY, ARE SOLELY THE OPINIONS AND THE RESPONSIBILITY OF THE PERSON OR ENTITY PROVIDING THOSE MATERIALS. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINION OF THE COMPANY. WE ARE NOT RESPONSIBLE, OR LIABLE TO YOU OR ANY THIRD PARTY, FOR THE CONTENT OR ACCURACY OF ANY MATERIALS PROVIDED BY ANY THIRD PARTIES.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Websites other than the homepage.
Otherwise take any action with respect to the materials on the Websites that is inconsistent with any other provision of these Terms.
The websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards section set forth in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
YOUR USE OF THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR EACH OF THEIR AND OUR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are severable. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect to the maximum extent permitted by law.
You acknowledge and agree that you may not transfer or assign any of the rights granted to you under these Terms or any of your obligations pursuant hereto.