Terms of Service
Terms of Service and Use Agreement for Stamped Concrete America, Inc. and stampedconcrete.com
YOUR ACCEPTANCE OF THIS AGREEMENT
Stamped Concrete America, Inc. ("Stamped Concrete America, Inc.", "We", "Us" or "Our") provides the Stamped Concrete America, Inc. Services to you ("You" or "Your") subject to the terms of this legal agreement between You and Stamped Concrete America, Inc. To use the Services, You must first agree to and accept these Terms of Service and Use ("Terms"). Where such express opportunity to agree to the Terms is not present, Your use of the Site and Services (or any part thereof) shall constitute Your agreement to the Terms and obligate You to comply with their requirements.
Stamped Concrete America, Inc. provides users with access to a range of internet-based, interactive information services, advertising, general and editorial content, company profiles and interactive tools (the "Services") which are accessible through the website located at www.stampedconcrete.com ("Site"), and by all methods and technological mediums currently or potentially available. Your use of the Site and Services are, at all times, subject to all the Terms set forth herein.
CHANGES TO THESE TERMS
We may periodically modify and supplement these Terms, with or without notice to You. The most current version of these Terms will be located here. You are responsible for regularly checking these Terms for revisions. You understand and agree that Your access to or use of the Site and Services is governed by these Terms. All amended Terms become effective upon Our posting them to the Site, and any use of the Site or Services after such revisions have been posted signifies Your consent and agreement to the modified Terms. You should revisit these Terms on a regular basis as revised versions will be binding on You. You understand and agree that Your continued access to or use of the Site or Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
No Endorsement, Guarantee or Responsibility for any Company or Contractor.
Stamped Concrete America, Inc. does not endorse, sponsor, recommend or approve any company or contractor ("Professional Contractor") who offers products or services through the Stamped Concrete America, Inc. website or is listed in any manner or in any way and Stamped Concrete America, Inc. is not a party to any agreements between or among any Professional Contractor and users of the Stamped Concrete America, Inc. website.
Stamped Concrete America, Inc. makes no guarantees, warranties or representations regarding the skills or undertakings of any Professional Contractor or the quality of the job that the Professional Contractor may perform for you if you elect to retain their services. Further, Stamped Concrete America, Inc. does not endorse or recommend the services of any particular company or contractor that may be listed, written about, provided to or otherwise conveyed in any manner to You or any visitor of the website, or to any person or persons requesting a quote or requesting more information.
It is entirely up to You to evaluate the Professional Contractor and the Professional Contractor's qualifications, and to enter into a direct contract or otherwise reach an agreement with the Professional Contractor. Stamped Concrete America, Inc. does not guarantee or warrant any Professional Contractor's performance on the job or the outcome or quality of the services performed. The Professional Contractors are not employees or agents of Stamped Concrete America, Inc., nor is Stamped Concrete America, Inc. an agent of any Professional Contractor.
No contractual arrangement is created based upon the quotes provided to you from Professional Contractors via Stamped Concrete America, Inc. To contract with a Professional Contractor, you must work directly with that contractor or company. Stamped Concrete America, Inc. does not perform, and is not responsible for, any of the services requested by you in your service request.
Release from Damages or Claims. Should you have a dispute with respect to any services provided by a Professional Contractor or the fees charged by any Professional Contractor, you must address such dispute with the Professional Contractor directly. YOU HEREBY AGREE TO RELEASE Stamped Concrete America, Inc. (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PROFESSIONAL CONTRACTORS.
PROVISION OF THE SERVICES
You may be invited by email, phone or otherwise, to create a company description, add your company or create a profile (all three and anything related collectively referred to here as "Profile"), and become a listed company of Stamped Concrete America, Inc. Information gathered through this process or the company profile process and information related to Your Profile will be subject to these Terms. You represent and warrant that all information provided by You when creating a Profile is true, accurate and complete and that You will maintain, at all times, true, accurate and complete information related to Your Profile. You agree to maintain in a confidential manner all information related to Your Profile. In Our sole and absolute discretion We reserve the right to refuse or to terminate Your Profile for any reason whatsoever and at anytime. From time to time and without prior notice to You, We may change, expand and improve the Site and Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Site or Services will be done at Our sole and absolute discretion and without an ongoing obligation or liability to You, and Your use of the Site and Services do not entitle You to the continued provision or availability of the Site and Services.
BUSINESS PROFILE SERVICE
Stamped Concrete America, Inc.'s Business Profile Service is a fee based and a promotion based service provided by Stamped Concrete America, Inc. to provide a profile for your company for a 30-day ("Monthly") period. All Premium Business Listings must conform to the Stamped Concrete America, Inc. editorial guidelines, and must be relevant topically. All Premium Business Listings are subject to final approval by Stamped Concrete America, Inc. which in Our sole discretion may reject a Business Profile Service offer for any reason whatsoever and at any time. Stamped Concrete America, Inc. reserves the right to decide whether, where, and how a Business Profile Service is listed. Stamped Concrete America, Inc. reserves the right to reject any Business Profile Service submission at Our sole discretion.
INTELLECTUAL PROPERTY NOTICE
Any and all intellectual property rights associated with the Site, the Services and the Material, including the design, text, graphics, pictures, video, information, applications, software, sound, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Site, including, without limitation, the Stamped Concrete America, Inc. company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets and copyrights (collectively, the "Intellectual Property"), are the sole property of Stamped Concrete America, Inc.
You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Site, Services, products, processes or technology described therein. Except as otherwise expressly authorized by these Terms, You may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in any way without the express written consent of Stamped Concrete America, Inc.
CONTENT LICENSE FROM YOU
Content submitted to us in any form or medium is considered content you provide to us ("Content You Provide To Us"). As between You and Stamped Concrete America, Inc., You may possess certain intellectual property rights in Your own Content You Provide To Us that You may submit to Us, or display via the Site and/or Services. By generating or submitting, in any form or medium, Content You Provide To Us to Us or via the Site or Services, you thereby grant to Stamped Concrete America, Inc. distribution of the information contained in the Site or Services, in whole or in part, to publicly display, distribute, and communicate any and all such Content You Provide To Us, without any obligation or compensation to You. This license is granted to Stamped Concrete America, Inc., with respect to the use of such Content You Provide To Us in connection with the Site and Services and any subsequent version or modification thereof.
You agree and acknowledge that the foregoing license grants to Stamped Concrete America, Inc. the full right and authority to use Content You Provide To Us for any purpose related to the Site and Services, including, without limitation, the marketing and development of the Site and Services.
You agree and acknowledge that Stamped Concrete America, Inc. may modify, adapt, reformat, and otherwise alter or make use of Content You Provide To Us in such manner as may be required to conform the Content You Provide To Us to standards, protocols, formats and requirements related to the Site and Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that Stamped Concrete America, Inc. is licensed to transmit or distribute the Content You Provide To Us in all formats and mediums over various networks.
Stamped Concrete America, Inc. reserves the right to refuse to post any Content You Provide To Us at Our sole and absolute discretion.
The Site or Services may include links to other websites or applications (each, a "Third Party Site"). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.
REMOVAL FROM SITE AND SERVICES
We reserve the right to exclude or remove from the Site (or to refuse to distribute or redistribute) any Material, including Content You Provide To Us, that We deem detrimental to the Site. Material that is submitted to Us for publication on the Site or for distribution may be edited for length, clarity and/or consistency with the editorial standards or requirements of Stamped Concrete America, Inc.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES AND/OR SITE IS AT YOUR SOLE RISK. THE SERVICES AND/OR SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STAMPED CONCRETE AMERICA, INC. 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.
STAMPED CONCRETE AMERICA, INC. MAKES NO WARRANTY THAT (i) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES AND/OR SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES AND/OR SITE 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.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STAMPED CONCRETE AMERICA, INC. OR THROUGH OR FROM THE SERVICES AND/OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STAMPED CONCRETE AMERICA, INC. (OR ITS AFFILIATES, LICENSORS OR SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION (WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL, RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES, PROFITS OR GOODWILL, EVEN IF STAMPED CONCRETE AMERICA, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.
You agree to indemnify, defend, and hold harmless Us and, as applicable, Our officers, directors and employees from any claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable attorney fees) related to (i) Content You Provide To Us, (ii) your unauthorized use of the Site or Services; or (iii) your breach of these Terms.
We may terminate this legal agreement, or eliminate these Terms at any time, with or without notice or cause. We may discontinue, temporarily or permanently, the Site or Services, or any part thereof, with or without prior notice to You. Upon termination, Your right to access the Site and use the Services will immediately cease.
We reserve the right to terminate, suspend, or restrict Your access to the Site and Your use of the Services, in whole or in part, unilaterally and without prior notice, in the event that We determine, in our sole discretion, that You have violated or failed to fully comply with any of the Terms.
REMEDIES AVAILABLE TO US
Stamped Concrete America, Inc. reserves the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
You agree that monetary damages may not provide a sufficient remedy to Us for violations of the Terms and You consent to injunctive or other equitable relief for such violations.
Nothing in these Terms is intend to confer upon You or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and Site (including any establishment of an Profile or submission of Content You Provide To Us) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between Stamped Concrete America, Inc. and You.
If for any reason a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable, that provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect and remain fully enforceable.
LIMITED TIME TO BRING CLAIM
You acknowledge and agree that that it is the intent of both You and Stamped Concrete America, Inc. to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Site and Services must commence within three (3) months after the cause of action accrues, otherwise such cause of action is permanently barred.
CHOICE OF LAW AND VENUE
Delaware law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Stamped Concrete America, Inc. (a "Claim"), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN DELAWARE.
Except as expressly stated herein, the Terms constitutes the entire agreement between You and Stamped Concrete America, Inc. with respect to the Site and Services, and it supersedes and replaces all prior or contemporaneous communications, proposals, understandings or agreement, whether electronic, oral or written, between You and Stamped Concrete America, Inc. with respect to the Services and/or the subject matter of these Terms.