Terms of Use

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Welcome to our Web site. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “High Country” or “us” or “we” or “our” refers to High Country Concrete, Inc., the owner of the Web site. The term “you” refers to the user or viewer of our Web Site.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement ("Agreement") with respect to our site (the "Site"). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Copyright

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 4 below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

Service Marks

"www.hicountryconcrete.com" and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use:

a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;

b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;

c. Violate this Agreement, the Privacy Policy or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;

d. Harm the goodwill or standing of High Country Concrete or any of its clients, partners, employees, affiliates, agents, contractors or representatives;

e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;

f. Attempt to interfere with the use of the Website by any other user.

High Country Concrete reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

Third-Party Websites

The Website may contain links to websites operated by third parties ("Third-Party Websites"). High Country Concrete does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. High Country Concrete has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.

Consent to Receive Email from High Country Concrete

By becoming a client of High Country Concrete, You consent to receive High Country Concrete's periodic newsletter (the "Newsletter"), which High Country Concrete distributes by email to Your address on file with High Country Concrete. When You complete High Country Concrete's online case submission form, You may also choose to be added to High Country Concrete's newsletter emailing list. If You are not a client and would like to stop receiving High Country Concrete's newsletter or other automated follow-up emails, You should click on the opt-out link contained in any of the email newsletters or other automated follow-up emails.

Intellectual Property

The content located on the Website, including without limitation this Agreement, is the copyrighted property of High Country Concrete or its licensors. Similarly, the High Country Concrete name, the hicountryconcrete.com domain name, and all other names and logos used by High Country Concrete in connection with the offering of High Country Concrete's goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of High Country Concrete or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to High Country Concrete and High Country Concrete's licensors' copyrights, trademarks and service marks. Copyright © 2006 to the present, High Country Concrete, ALL RIGHTS RESERVED.
If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify High Country Concrete in writing. Your notice should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit High Country Concrete to find and positively identify that material; Your name, address, telephone number and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent and, (ii) under penalty of perjury, that all of the information contained in Your notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.

DISCLAIMER OF WARRANTIES

High Country Concrete HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, High Country Concrete EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

LIMITATION OF LIABILITY

THE LIABILITY OF High Country Concrete IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, High Country Concrete SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO High Country Concrete, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF High Country Concrete UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO High Country Concrete IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN High Country Concrete AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Indemnity

You agree to defend, indemnify and hold harmless High Country Concrete and its partners, employees, affiliates, agents, contractors and representatives (the "High Country Concrete Parties") from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to High Country Concrete by means of the Website of incomplete, inaccurate or untimely information or other data. The High Country Concrete Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.

Termination

In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: CONSENT TO RECEIVE EMAIL, INTELLECTUAL PROPERTY, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, and . Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.
Without limiting any other provision of this Agreement, High Country Concrete reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.

Choice of Law; Jurisdiction and Venue

The Website is located and operated by High Country Concrete, Inc. in Roanoke, Virginia. This Agreement shall be interpreted and enforced as though executed in Roanoke, and shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN VIRGINIA. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

Entire Agreement; Amendment

This Agreement constitutes the entire agreement between High Country Concrete, Inc. and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of High Country Concrete, Inc..

Severability; Waiver

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Assignment

This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of High Country Concrete, Inc. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Relationship

Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or employee-employer relationship between You and High Country Concrete, Inc..