Welcome
to CONCRETE.com. CONCRETE.com provides its service to
you, subject to the following Terms of Service ("TOS"), which
may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time.
In addition, when using particular CONCRETE.com services, you
and CONCRETE.com shall be subject to any posted guidelines
or rules applicable to such services which may be posted
from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. If you are
a homesteader on CONCRETE.com's website, please note that
CONCRETE.com may provides a different Terms of Service and
specific contract for you. CONCRETE.com also may offer other
services from time to time, such as CONCRETE.com Store and
other ancillary services that may be governed by different
Terms of Services.
2. DESCRIPTION
OF SERVICE
The content of the CONCRETE.com Site, such as
text, graphics, images, and information obtained from
CONCRETE.com's licensors and other material ("content")(which
includes, but is not limited to, "Ask Dr. Concrete") contained
on the CONCRETE.com website is for informational purposes
only. The content is not intended
to be a substitute for professional concrete and construction
advice, assessment, and professional evaluation and services.
You should always seek the advice of a qualified construction
professional for your specific, individual
concerns.CONCRETE.com does not recommend or endorse any
specific products, procedures, opinions or other information
that may be mentioned on the Site. If you choose to rely upon
any information provided by CONCRETE.com or its employees or
others appearing on this Site or other visitors to the Site,
such is solely at your own risk.
CONCRETE.com currently provides users with access to a rich
collection of on-line resources, including, various
construction and concrete information, communications tools,
including email and online forums, shopping services (future),
personalized content and branded programming through its
network of properties (the "Service"). Unless explicitly
stated otherwise, any new features that augment or enhance the
current Service, including the release of new CONCRETE.com
properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that
CONCRETE.com assumes no responsibility for the timeliness,
deletion, mis-delivery, or failure to store any user
communications or personalization settings.
In order to use
the Service, you must obtain access to the World Wide Web,
either directly or through devices that access web-based
content, and pay any service fees associated with such access.
In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer
and modem or other access device.
3. YOUR
REGISTRATION OBLIGATIONS
In
consideration of your use of the Service, and particularly any
specialized services such as email and on line forums which
may require registration, you agree to: (a) provide true,
accurate, current and complete information about yourself as
prompted by the Service. s registration form (such information
being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is
untrue, inaccurate, not current or incomplete, or CONCRETE.com
has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, CONCRETE.com
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any
portion thereof).
5. MEMBER
ACCOUNT, PASSWORD AND SECURITY
You will
receive a password and account designation upon completing the
Service. s registration process. You are responsible for
maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under
your password or account. You agree to (a) immediately notify
CONCRETE.com of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session.
CONCRETE.com cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section
5.
6. MEMBER
CONDUCT
You understand
that all information, data, text, software, music, sound,
photographs, graphics, video, messages, or other materials
("Content"), whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
Content originated. This means that you, and not CONCRETE.com,
are entirely responsible for all Content that you upload,
post, email, or otherwise transmit via the Service.
CONCRETE.com does not control the Content posted via the
Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that by
using the Service, you may be exposed to Content that is
offensive, indecent, or objectionable. Under no circumstances
will CONCRETE.com be liable 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 the use of any Content posted, emailed or
otherwise transmitted via the Service.
You agree to
not use the Service to:
|
a. |
upload, post, email or otherwise
transmit any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, invasive of another. s
privacy, hateful, or racially, ethnically or otherwise
objectionable; |
|
b. |
harm minors in any
way; |
|
c. |
impersonate any person or entity,
including, but not limited to, a CONCRETE.com official,
forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or
entity; |
|
d. |
forge headers or otherwise
manipulate identifiers in order to disguise the origin
of any Content transmitted through the
Service; |
|
e. |
upload, post, email or otherwise
transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary
and confidential information learned or disclosed as
part of employment relationships or under nondisclosure
agreements); |
|
f. |
upload, post, email or otherwise
transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary
rights ("Rights") of any party; |
|
g. |
upload, post, email or otherwise
transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation, except in those areas (such as shopping
rooms) that are designated for such
purpose; |
|
h. |
upload, post, email or otherwise
transmit any material that contains software viruses or
any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications
equipment; |
|
i. |
disrupt the normal flow of
dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act
in a manner that negatively affects other users. ability
to engage in real time exchanges; |
|
j. |
interfere with or disrupt the
Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or
regulations of networks connected to the
Service; |
|
k. |
intentionally or unintentionally
violate any applicable local, state, national or
international law, including, but not limited to,
regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or
the NASDAQ, and any regulations having the force of
law; |
|
l. |
"stalk" or otherwise harass
another; or |
|
m. |
collect or store personal data
about other
users. |
You acknowledge
that CONCRETE.com does not pre-screen Content, but that
CONCRETE.com and its designees shall have the right (but not
the obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting
the foregoing, CONCRETE.com and its designees shall have the
right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and
bear all risks associated with, the use of any Content,
including any reliance on the accuracy, completeness, or
usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by CONCRETE.com
or submitted to CONCRETE.com, including without limitation
information in CONCRETE.com Message Boards, and in all other
parts of the Service.
You acknowledge
and agree that CONCRETE.com may preserve Content and may also
disclose Content 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 the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect the
rights, property, or personal safety of CONCRETE.com, its
users and the public.
You understand
that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
7. SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing the
global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the
United States or the country in which you reside.
8. PUBLIC
CONTENT POSTED TO CONCRETE.COM
(a) For
purposes of the TOS, "publicly accessible areas of the
Service" are those accessible by the general public. By way of
example, a publicly accessible area of the Service would
include public CONCRETE.com Clubs and CONCRETE.com Message
Boards, but would not include private CONCRETE.com Clubs or
private CONCRETE.com communication services such as
CONCRETE.com Mail or CONCRETE.com Messenger.
(b) With
respect to Content you elect to post for inclusion in publicly
accessible areas of CONCRETE.com Clubs or that consists of
photos or other graphics you elect to post to any other
publicly accessible area of the Service, you grant
CONCRETE.com the world-wide, royalty free and non-exclusive
license to reproduce, modify, adapt and publish such Content
on the Service solely for the purpose of displaying,
distributing and promoting the specific CONCRETE.com Club to
which such Content was submitted, or, in the case of photos or
graphics, solely for the purpose for which such photo or
graphic was submitted to the Service. This license exists only
for as long as you elect to continue to include such Content
on the Service and shall be terminated at the time you delete
such Content from the Service.
(c) With
respect to all other Content you elect to post to other
publicly accessible areas of the Service, you grant
CONCRETE.com the royalty-free, perpetual, irrevocable,
non-exclusive and fully sub licensable right and license to
use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such
Content (in whole or part) worldwide and/or to incorporate it
in other works in any form, media, or technology now known or
later developed.
(d) For all
other Content, as posted by CONCRETE.com, CONCRETE.com
authorizes you to view or download a single copy of the
material on the CONCRETE.com Site solely for your personal,
noncommercial use if you include the following copyright
notice "Copyright 1999-2000, CONCRETE.com, Inc. "All rights
reserved" and any other copyright and proprietary rights
notices which were contained in the content. Any special rules
for the use of certain software and other items provided on
the CONCRETE.com website may be included elsewhere within the
site and are incorporated as if fully set forth
herein.
The content is
protected by copyright under both United States and foreign
laws. Title to the content remains with CONCRETE.com or its
licensors. Any use of the content not expressly permitted by
these terms and conditions is a breach of these terms and
conditions and may violated copyright, trademark, and other
laws. Content and features are subject to change or
termination without notice at the discretion of CONCRETE.com.
All rights not expressly granted herein are reserved to
CONCRETE.com and its licensors.
If you violated
any of these terms and conditions, your permission to use this
content is immediately withdrawn and you are instructed to
immediately destroy any copies you have made of any portion of
the content.
9. INDEMNITY
You agree to
indemnify and hold CONCRETE.com, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners,
and employees, harmless from any claim or demand, including
reasonable attorneys. fees, made by any third party due to or
arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any
rights of another.
10. NO RESALE
OF SERVICE
You agree not
to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
11. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that CONCRETE.com may establish general practices and limits
concerning use of the Service, including without limitation
the maximum number of days that email messages, message board
postings or other uploaded Content will be retained by the
Service, the maximum number of email messages that may be sent
from or received by an account on the Service, the maximum
size of any email message that may be sent from or received by
an account on the Service, the maximum disk space that will be
allotted on CONCRETE.com's servers on your behalf, and the
maximum number of times (and the maximum duration for which)
you may access the Service in a given period of time. You
agree that CONCRETE.com has no responsibility or liability for
the deletion or failure to store any messages and other
communications or other Content maintained or transmitted by
the Service. You acknowledge that CONCRETE.com reserves the
right to log off accounts that are inactive for an extended
period of time. You further acknowledge that CONCRETE.com
reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without
notice.
12.
MODIFICATIONS TO SERVICE
CONCRETE.com
reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that
CONCRETE.com shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the
Service.
13. TERMINATION
You agree that
CONCRETE.com, in its sole discretion, may terminate your
password, account (or any part thereof) or use of the Service,
and remove and discard any Content within the Service, for any
reason, including, without limitation, for lack of use or if
CONCRETE.com believes that you have violated or acted
inconsistently with the letter or spirit of the TOS.
CONCRETE.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with
or without notice. You agree that any termination of your
access to the Service under any provision of this TOS may be
effected without prior notice, and acknowledge and agree that
CONCRETE.com may immediately deactivate or delete your account
and all related information and files in your account and/or
bar any further access to such files or the Service. Further,
you agree that CONCRETE.com shall not be liable to you or any
third-party for any termination of your access to the Service.
14. DEALINGS
WITH ADVERTISERS
Your
correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services,
and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such
advertiser. You agree that CONCRETE.com shall not be
responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Service.
CONCRETE.com
does not endorse the content of any third party websites.
CONCRETE.com is not responsible for the content of any linked
third party sites, sites framed within the CONCRETE.com
website or any third party advertisements, and makes no
representations regarding their content or accuracy. Your use
of their party websites is at your own risk and subject to the
terms and conditions of use for such sites. CONCRETE.com does
not endorse any product advertised on the CONCRETE.com
website.
15. LINKS
The Service may
provide, or third parties may provide, links to other World
Wide Web sites or resources. Because CONCRETE.com has no
control over such sites and resources, you acknowledge and
agree that CONCRETE.com is not responsible for the
availability of such external sites 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 sites or resources. You further acknowledge and agree
that CONCRETE.com shall not be responsible or liable, directly
or indirectly, 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
site or resource.
16.
CONCRETE.com's PROPRIETARY RIGHTS
You acknowledge
and agree that the Service and any necessary software used in
connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or
information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized by CONCRETE.com or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service, in whole or in part.
As a user of
the site, you acknowledge that the Site, including, without
limitation, all trade names, trademarks, service marks,
content, text, images, software, media and other material
therein, is a work or collective work, proprietary to or
licensed by CONCRETE.com, protected under copyright, trademark
and other intellectual property laws, whether or not developed
by CONCRETE.com or any other person. To the extent that
ownership of any element of the Site does not automatically
vest in CONCRETE.com by virtue of this Agreement or otherwise,
the user hereby transfers and assigns to CONCRETE.com all of
User. s right, title and interest in elements of the
CONCRETE.com website and protectable elements or derivative
works thereof.
17. 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. CONCRETE.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. |
CONCRETE.COM MAKES NO WARRANTY
THAT (i) THE SERVICE WILL MEET YOUR 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 THE SOFTWARE WILL BE
CORRECTED. |
|
c. |
ANY MATERIAL DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY SUCH MATERIAL. |
|
d. |
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM CONCRETE.COM OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE
TOS. |
18. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT CONCRETE.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, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF CONCRETE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (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.
CONCRETE.com
and its content are provided on an "as is" basis.
CONCRETE.COM, ITS LICENSORS, ITS ADVERTISERS, AND ITS
SUPPLIERS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, DISCLAIM
ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES. RIGHTS,
AND FITNESS FOR PARTICULAR PURPOSE. Further, CONCRETE.com, its
licensors, suppliers, and advertisers make no representations
or warranties as to accuracy, reliability, completeness, or
timeliness of the content, software, text, graphics, links or
communications provided on or through the use of the
website.
In no event
shall CONCRETE.com, its licensors, suppliers, and advertisers
or any third parties mentioned on the CONCRETE.com website be
liable for any damages (including without limitation,
incidental and consequential damages, personal injury/wrongful
death, lost profits, or damages from lost data or business
interruption) resulting from the use or inability to use the
CONCRETE.com website or the content, whether based on
warranty, contract, tort, or any other legal theory, and
whether or not CONCRETE.com is advised of the possibility of
such damages. Your sole and exclusive remedy hereunder shall
be for you to discontinue your use of the website and terminate this agreement.
19. EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL
ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend
to create or join any service, receive or request any news,
messages, alerts or other information from the Service
concerning companies, stock quotes, investments or securities,
please read the above Sections 17 and 18 again. They go doubly
for you. In addition, for this type of information
particularly, the phrase "Let the investor beware" is apt. The
Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or
investing purposes. CONCRETE.com shall not be responsible or
liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be
responsible or liable for any trading or investment decisions
made based on such information.
21. NOTICE
Notices to you
may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the
Service.
22. TRADEMARK
INFORMATION
CONCRETE.com,
the CONCRETE.com logo design, "Dr. Concrete", and other
graphics, images, trademarks, and service marks, and other
CONCRETE.com logos and product and service names are
trademarks of CONCRETE.com Inc. (the "CONCRETE.com Marks").
Without CONCRETE.com's prior permission, you agree not to
display or use in any manner, the CONCRETE.com Marks.
CONCRETE.com shall protect under copyright, trademark and
other intellectual property laws, and any other applicable
statutory or common laws, its trade names, trademarks, service
marks, content, text, images, software, media and other
materials as work.
23. COPYRIGHTS
and COPYRIGHT AGENTS
CONCRETE.com
respects the intellectual property of others, and we ask our
users to do the same. If you believe that your work has been
copied in a way that constitutes copyright infringement,
please provide CONCRETE.com's Copyright Agent the following
information:
- an
electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
- a
description of the copyrighted work that you claim has been
infringed;
- a
description of where the material that you claim is
infringing is located on the site;
- your
address, telephone number, and email address;
- a 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;
- 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.
CONCRETE.com's Copyright Agent
for Notice of claims of copyright infringement on its site
is its attorney, Todd Wong of the law firm, Wong &
Wong, P.C., who can be reached as follows:
By
mail:
Todd Wong
Wong &
Wong, P.C.
500 West 6th Street, Suite 300
Austin, Texas 78701
By
email: toddwong@io.com.
24. GENERAL
INFORMATION
The TOS
constitute the entire agreement between you and CONCRETE.com
and govern your use of the website and/or Service, superceding
any prior agreements between you and CONCRETE.com. You also
may be subject to additional terms and conditions that may
apply when you use affiliate services, third-party content or
third-party software. By your use of this website, you
expressly agree that exclusive jurisdiction for any dispute
with CONCRETE.com resides in the courts of the State of Texas,
and you further agree and expressly consent to the exercise of
personal jurisdiction in the courts of the State of Texas in
connection with any such dispute including any claim involving
CONCRETE.com or its affiliates, subsidiaries, employees,
contractors, officers, directors, telecommunication providers,
and content providers.
These terms and
conditions are governed by the substantive laws of the State
of Texas, without respect to its conflict of laws principles.
If any provision of these terms and conditions are found to be
invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the
remaining provisions of these terms and conditions, which
shall remain in full force and effect. No waiver of any of
these terms and conditions shall be deemed a further or
continuing waiver of such term or condition or any other term
or condition. The respective rights and obligations under the
preceding sections survive any termination or expiration of
your use of this website.
The section titles in the TOS are for
convenience only and have no legal or contractual effect.
25. VIOLATIONS
Please report any violations of the TOS
to our counsel, Todd Wong viatoddwong@io.com
.
26. GENERAL
CONCRETE.com is
based in Austin, Texas, in the United States of America.
CONCRETE.com makes no claims that the content is appropriate
or may be downloaded outside of the United States. Access to
the content may not be legal by certain persons or in certain
countries. If you access the CONCRETE.com website from outside
the United States, you do so at your own risk and are
responsible for compliance with the laws of your jurisdiction.
27. Complete
Agreement
Except as
provided any particular "legal notice" on this website, these
terms and conditions constitute the entire agreement between
you and CONCRETE.com with respect to the use of the
CONCRETE.com website, and content.
2000
CONCRETE.com, Inc. All Rights Reserved.
Copyright 1999-2000 CONCRETE.com,
Inc..
concrete.com and
its content are provided on an "as is" basis. CONCRETE.COM,
ITS LICENSORS, ITS ADVERTISERS, AND ITS SUPPLIERS, TO THE
FULLEST EXTENT PERMITTED UNDER LAW, DISCLAIM ALL WARRANTIES,
EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES. RIGHTS, AND FITNESS FOR
PARTICULAR PURPOSE. Further, concrete.com, its licensors, suppliers, and
advertisers make no representations or warranties as to
accuracy, reliability, completeness, or timeliness of the
content, software, text, graphics, links or communications
provided on or through the use of the
website.
In no event
shall concrete.com, its licensors, suppliers, and advertisers
or any third parties mentioned on the concrete.com website be
liable for any damages (including without limitation,
incidental and consequential damages, personal injury/wrongful
death, lost profits, or damages from lost data or business
interruption) resulting from the use or inability to use the
concrete.com website or the content, whether based on
warranty, contract, tort, or any other legal theory, and
whether or not concrete.com is advised of the possibility of
such damages. Your sole and exclusive remedy hereunder shall
be for you to discontinue your use of the website and
terminate this agreement.