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Please
read the following important terms and conditions ("Terms of
Use") carefully. These Terms of Use and our Privacy Policy incorporated
herein by reference, govern your access to and use of the Site, including
any content, information products or services therein. This is a legal
agreement between you and ConcretePumping.com ("ConcretePumping.com").
Your Acceptance of These Terms and Conditions
By visiting
the ConcretePumping.com website (collectively, including all Content available
through
the ConcretePumping.com domain name, the "ConcretePumping.com Website",
or "Website") and/or using or accessing ConcretePumping.com's service
(the "Service") in any manner, and whether at the ConcretePumping.com website
or through a third party website or other interface, you certify that (a)
you are at least 18 years of age, (b) if you are providing access to the
Service to any person who is under 13 years of age, you are such person's
parent or legal guardian and you consent to the use of the Service by such
person only under your direct supervision and subject to any reasonable
verification required by ConcretePumping.com, and (c) you expressly agree to be bound
by these terms and conditions of service (these "Terms"). Your
use of the Service is expressly conditioned upon the certifications listed
above and your acceptance of these Terms. If the certifications above are
not true, or if you do not agree to any part of these Terms, you may not
use the Service. ConcretePumping.com reserves the right to update and revise these
Terms from time to time without notice to or acceptance by you.
ConcretePumping.com Website Links
The ConcretePumping.com Website may contain/provide, or third parties may provide,
links to other websites or resources. ConcretePumping.com has no control over such
sites and resources and assumes no responsibility for, the content, privacy
policies, or practices of any third party websites. Therefore, you acknowledge
and agree that ConcretePumping.com is not responsible for the availability of such
external websites or resources, and does not endorse and is not responsible
or liable for any Content, advertising, products, or other materials on
or available from such websites or resources. In addition, you acknowledge
and agree that ConcretePumping.com shall have no responsibility or liability whatsoever
for any damage or loss caused or alleged to be caused by or in connection
with use of or reliance on any such Content, goods or services available
on or through any such website or resource.
Content
You acknowledge
and agree that all information, data, text, software, music, sound,
photographs, graphics, video, messages, goods, products,
services
or other materials ("Content") are the sole responsibility of
the person from which such Content originated. You are entirely responsible
for all Content that is uploaded, posted, transmitted or otherwise made
available via the Service by you or through your account, if any. You understand
that Content may in some cases be viewed through third party websites or
interfaces through which the Service is accessed and/or used and that ConcretePumping.com
does not control such third party websites and interfaces. You represent
and warrant that you own or have the necessary rights in and to any and
all Content (including written consent for each individual person identifiable
in such Content to use the name or likeness of each such person in the
manner contemplated by the Service) uploaded, posted, transmitted or otherwise
made available via the Service by you. ConcretePumping.com does not control the Content
posted via the Service and does not guarantee the accuracy, integrity or
quality of any such Content. ConcretePumping.com will use commercially reasonable
efforts to block or remove offensive or inappropriate Content discovered
by or reported to ConcretePumping.com. However, ConcretePumping.com cannot and will not review
all Content, and you understand that by using the Service, you may be exposed
to Content that you find to be offensive. Under no circumstances will ConcretePumping.com
be liable to you or to any third party in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of any access to or
use of any Content posted, transmitted or otherwise made available via
the Service. You acknowledge that ConcretePumping.com is under no obligation to pre-screen
or otherwise review any Content, but also that ConcretePumping.com and its designees
shall have the right in their sole discretion for any reason and without
notice to refuse, move or remove and discard any Content submitted, posted
or otherwise available via the Service. You agree that you must evaluate,
and bear all risks associated with, the use of any Content, and you shall
not rely on the accuracy, completeness, usefulness or nature of such Content.
You acknowledge and agree that ConcretePumping.com may preserve Content and may also
disclose Content to others if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process; (b) enforce these Terms; (c) respond to
claims that any Content violates the rights of third-parties; or (d) protect
the rights, property, or personal safety of ConcretePumping.com, its users and the
public. You understand that the technical processing and transmission of
the Service, including Content, may involve transmissions over various
networks and changes to conform and adapt to technical requirements of
connecting networks or devices.
License to Content
ConcretePumping.com does not claim ownership of your Content posted, transmitted
or otherwise made available by you via the Service. By submitting Content
via the Service, and until such Content is removed, you grant ConcretePumping.com
a world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish such Content solely for the purpose of providing the
Service.
Intellectual Property Rights
You acknowledge and agree that the Service and any software accessed
through or provided in connection with the Service contains proprietary
and confidential
information of ConcretePumping.com, its licensors and others that is protected by
applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in advertisements or information presented
to you in connection with or through the Service is protected by laws and
regulations relating to copyrights, trademarks, service marks, patents
or other proprietary rights. Except as expressly authorized by ConcretePumping.com
or its licensors or advertisers, as applicable, you agree not to modify,
copy, rent, lease, loan, sell, resell, distribute, create derivative works
from, or exploit the Service or such software, in whole or in part. Any
Content or other information, materials or ideas transmitted by you to
ConcretePumping.com may be disseminated or used by ConcretePumping.com or its affiliates for
any purpose without compensation or liability, including without limitation
in developing, manufacturing, marketing and selling products and services,
subject to Content and certain other information provided by you that is
covered by ConcretePumping.com's privacy policy. Further if you download or print
a copy of the Content for personal use, you must retain all copyright and
other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the ConcretePumping.com
Website or features that prevent or restrict use or copying of any Content
or enforce limitations on use of the ConcretePumping.com Website or the Content therein
User Submissions
A. The
ConcretePumping.com Website may now or in the future permit the submission of
videos or
other communications submitted by you and other users ("User
Submissions") and the hosting, sharing, and/or publishing of such
User Submissions. You understand that whether or not such User Submissions
are published, ConcretePumping.com does not guarantee any confidentiality with respect
to any submissions.
B. You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions,
you affirm, represent, and/or warrant that: (i) you own or have the necessary
licenses, rights, consents, and permissions to use and authorize ConcretePumping.com
to use all patent, trademark, trade secret, copyright or other proprietary
rights in and to any and all User Submissions to enable inclusion and use
of the User Submissions in the manner contemplated by the Website and these
Terms of Service; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User
Submission to use the name or likeness of each and every such identifiable
individual person to enable inclusion and use of the User Submissions in
the manner contemplated by the Website and these Terms of Service. For
clarity, you retain all of your ownership rights in your User Submissions.
However, by submitting the User Submissions to ConcretePumping.com, you hereby grant
ConcretePumping.com a worldwide, non-exclusive, royalty-free, sublicenseable and
transferable license to use, reproduce, distribute, prepare derivative
works of, display, and perform the User Submissions in connection with
the ConcretePumping.com Website and ConcretePumping.com's (and its successor's) business, including
without limitation for promoting and redistributing part or all of the
ConcretePumping.com Website (and derivative works thereof) in any media formats and
through any media channels. You also hereby grant each user of the ConcretePumping.com
Website a non-exclusive license to access your User Submissions through
the Website, and to use, reproduce, distribute, prepare derivative works
of, display and perform such User Submissions as permitted through the
functionality of the Website and under these Terms of Service. The foregoing
license granted by you terminates once you remove or delete a User Submission
from the ConcretePumping.com Website.
C. In connection with User Submissions, you further agree that you will
not: (i) submit material that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy
and publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant ConcretePumping.com all
of the license rights granted herein; (ii) publish falsehoods or misrepresentations
that could damage ConcretePumping.com or any third party; (iii) submit material that
is unlawful, obscene, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or encourages conduct
that would be considered a criminal offense, give rise to civil liability,
violate any law, or is otherwise inappropriate; (iv) post advertisements
or solicitations of business: (v) impersonate another person. ConcretePumping.com
does not endorse any User Submission or any opinion, recommendation, or
advice expressed therein, and ConcretePumping.com expressly disclaims any and all
liability in connection with User Submissions. ConcretePumping.com does not permit
copyright infringing activities and infringement of intellectual property
rights on its Website, and ConcretePumping.com will remove all Content and User Submissions
if properly notified that such Content or User Submission infringes on
another's intellectual property rights. ConcretePumping.com reserves the right to
remove Content and User Submissions without prior notice. ConcretePumping.com will
also terminate a User's access to its Website, if they are determined to
be a repeat infringer. A repeat infringer is a User who has been notified
of infringing activity more than twice and/or has had a User Submission
removed from the Website more than twice. ConcretePumping.com also reserves the right
to decide whether Content or a User Submission is appropriate and complies
with these Terms of Service for violations other than copyright infringement
and violations of intellectual property law, such as, but not limited to,
pornography, obscene or defamatory material, or excessive length. ConcretePumping.com
may remove such User Submissions and/or terminate a User's access for uploading
such material in violation of these Terms of Service at any time, without
prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and
believe that any User Submission or other content infringes upon your copyrights,
you may submit a notification to us at copyrights [at] ConcretePumping.com.net
E. You understand that when using the ConcretePumping.com Website, you will be exposed
to User Submissions from a variety of sources, and that ConcretePumping.com is not
responsible for the accuracy, usefulness, safety, or intellectual property
rights of or relating to such User Submissions. You further understand
and acknowledge that you may be exposed to User Submissions that are inaccurate,
offensive, indecent, or objectionable, and you agree to waive, and hereby
do waive, any legal or equitable rights or remedies you have or may have
against ConcretePumping.com with respect thereto, and agree to indemnify and hold
ConcretePumping.com, its Owners/Operators, affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your
use of the site.
F. ConcretePumping.com permits you to link to materials on the Website for personal,
non-commercial purposes only. In addition, ConcretePumping.com provides an "Embeddable
Player" feature, which you may incorporate into your own personal,
non-commercial websites for use in accessing the materials on the Website,
provided that you include a prominent link back to the ConcretePumping.com website
on the pages containing the Embeddable Player. ConcretePumping.com reserves the right
to discontinue any aspect of the ConcretePumping.com Website at any time.
Impression and Click Fraud
You shall
not, and shall not authorize any party to generate automated, fraudulent
or
otherwise invalid impressions or clicks. If, in ConcretePumping.com's
reasonable business judgment, activity related to your Account is suspected
or determined to be so-called "click-fraud" or "impression
fraud" (the illicit manipulation of advertising revenue), whether
in any automated or human way, by the use of a person, an automated script
or a computer program (for example, online robots or "bots")
to click on a Site advertisements, or any other fraudulent means, to increase
impressions, skew results or imitate a legitimate user of a web browser
clicking on an ad for the purpose of generating an improper click value
and generating revenue, ConcretePumping.com may suspend or otherwise disable your
Account until such time as the matter is resolved to ConcretePumping.com's satisfaction.
You acknowledge that ConcretePumping.com, or a third-party designated by ConcretePumping.com,
may use cookies to monitor visitor information in order to track suspicious
clicks through source and behavior of the click traffic in accordance with
the Privacy Policy. ConcretePumping.com retains the right not to credit your Account
for those clicks that it reasonably determines or suspects are fraudulent.
Indemnification
You agree to defend, indemnify and hold harmless ConcretePumping.com, its affiliates,
officers, directors, employees and agents, from and against any and all
claims, damages, obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (a) your use
of and access to the Service; (b) your violation of any of these Terms;
(c) your violation of any third party right, including without limitation
any copyright, property, or privacy right; or (d) any claim that any Content
uploaded, posted, transmitted or otherwise made available by you via the
Service caused damage to a third party. This defense and indemnification
obligation will survive these Terms and your use of the Service.
Disclaimer of Warranties
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE
RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. ConcretePumping.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT; (b) ConcretePumping.com WILL MAKE REASONABLE EFFORTS TO MAINTAIN
THE SERVICE, HOWEVER, ConcretePumping.com IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS
OF DATA, CONTENT OR INFORMATION, REVENUE, OR OTHER HARM TO BUSINESS ARISING
OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR
LOSS OF ACCESS, BUGS, VIRUSES OR OTHER ERRORS, UNAUTHORIZED USE, OR OTHER
INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP
YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. ConcretePumping.com DOES
NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION,
OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION
WITH THE SERVICE WILL BE CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SERVICE IS DONE SOLELY AT YOUR OWN DISCRETION
AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA OR CONTENT THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ConcretePumping.com SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
LOSS OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ConcretePumping.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER AND WHENEVER
ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION
ANY SUCH DAMAGES RELATING TO (i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
OTHER MATTER RELATING TO THE SERVICE. Some jurisdictions do not allow the
exclusion of certain warranties or the limitation or exclusion of liability
for certain types of damages. Accordingly, some of the above disclaimers
and limitations may not apply to you.
Ability to Accept Terms of Service
You affirm
that you are either more than 18 years of age, or an emancipated minor,
or possess legal parental or guardian consent, and are fully able
and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Service, and
to abide by and comply with these Terms of Service. In any case, you affirm
that you are over the age of 13, as the ConcretePumping.com Website is not intended
for children under 13. If you are under 13 years of age, then please
do not use the ConcretePumping.com Website—there are lots of other great web
sites for you. Talk to your parents about what sites are appropriate for
you.
Assignment
These Terms of Service, and any rights and licenses granted hereunder,
may not be transferred or assigned by you, but may be assigned by ConcretePumping.com
without restriction.
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