TERMS OF USE
Welcome to on-demandconcrete.com, On-Demand Concrete’s website (the “Site”). These terms of use (“Site Terms”) impose conditions on your access to this Site, and any use you make of it. They do not alter in any way the terms or conditions of any other agreement you may have with On-Demand Concrete or its subsidiaries or affiliates for other services.
Except as supplemented or superseded as described herein, these general terms of use for on-demandconcrete.com apply to the entire network of On-Demand Concrete’s Sites including, but not limited to the websites of On-Demand Concrete’s subsidiaries and affiliates, and control your use thereof.
On-Demand Concrete reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Questions or comments about this Site or its content should be directed to On-Demand Concrete.
INCORPORATED POLICIES
Privacy Policy. On-Demand Concrete believes strongly in protecting individual user privacy and providing you notice of On-Demand Concrete’s collection and use of data, including personally identifying information collected from the Site. Therefore, On-Demand Concrete has adopted a Privacy Policy that you should review in order to fully understand how On-Demand Concrete collects and uses information.
SITE LICENSE AND ACCESS
On-Demand Concrete grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any service listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of On-Demand Concrete or any third party.
You may not use, frame or utilize framing techniques to enclose any On-Demand Concrete trademark, logo or other copyrighted information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without On-Demand Concrete’s express written consent with the exception of the commercial images and videos provided on the Site Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Further, you may not use any meta tags or any other “hidden text” utilizing a On-Demand Concrete name, trademark, or product name without On-Demand Concrete’s express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
COPYRIGHT
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, ALL RIGHTS RESERVED, by On-Demand Concrete. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of On-Demand Concrete or the respective copyright owner with the exception of the commercial images and videos provided on the Site Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of On-Demand Concrete or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
COPYRIGHT COMPLAINTS
On-Demand Concrete respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide On-Demand Concrete the following written 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 had been infringed upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail 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 the 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.
TRADEMARKS AND SERVICE MARKS
On-Demand Concrete trademarks and logos hereafter referred to collectively as “On-Demand Concrete Marks” and as to Logos only as “Logo or Logos” are the cornerstone of the company and instrumental in building and sustaining a strong image of the company’s brand. Information found below provides guidelines for On-Demand Concrete Marks and Logos.
On-Demand Concrete Marks and Logos may not be copied, imitated or used, in whole or in part, without the prior written permission of On-Demand Concrete with the exception of the commercial images and videos provided on the Site Media Resources the use of which is subject to the express terms and conditions pertaining thereto.
On-Demand Concrete Marks and Logos should be fully, clearly and legibly reproduced.
On-Demand Concrete Marks and Logos should be depicted in their entirety, without modification or abbreviation. No attempt should be made to alter, revise or recreate these logos in any manner whatsoever including, but not limited to, changes in color, proportion, design, or removal of any words or trademark symbols. Any variation requires approval of On-Demand Concrete.
EXAMPLES
On-Demand Concrete – Correct
On-Demand – Incorrect
The On-Demand Concrete – Incorrect
Other business(es) trademarks, logos, projects or organization names should not be incorporated into On-Demand Concrete Marks or Logos unless On-Demand Concrete has provided approval to do so.
On-Demand Concrete Marks and Logos shall not be used (i) in any manner inconsistent with these guidelines, (ii) in any way which is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or (iii) in any way that could give rise to any civil or criminal liability under the law or otherwise diminish the goodwill and integrity of the On-Demand Concrete or On-Demand Concrete.
On-Demand Concrete Marks may never be used in a manner that would disparage On-Demand Concrete or its products or services.
On-Demand Concrete Marks may not be translated into another language or changed into another character set without the prior approval of On-Demand Concrete.
On-Demand Concrete Marks and Logos may not be used to endorse or promote third parties, others’ goods or services, political campaigns or promotion of political causes, or for organizations and programs not directly sponsored by On-Demand Concrete, without the written permission of On-Demand Concrete.
All uses of On-Demand Concrete Marks or Logos in marketing, advertising, product sheets, collateral materials, website, social media, other digital media applications or promotional items should be approved by On-Demand Concrete prior to such use. Social media shall mean online or internet communications, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, as well as personal websites, weblogs (blogs), and vlogs (video blogs).
The Logos must never be used as a substitute for the corporate name, “On-Demand Concrete” in text in documents.
Any approved use of On-Demand Concrete Marks or Logos on websites must always include a link to on-demandconcrete.com.
All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use On-Demand Concrete Marks is subject to prior approval, and should be addressed to On-Demand Concrete.
LINKING
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray On-Demand Concrete or any of its services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a On-Demand Concrete logo or other proprietary graphic or trademark of On-Demand Concrete to link to this Site without the express written permission of On-Demand Concrete. This limited right may be revoked at any time.
Third-Party Links. On-Demand Concrete makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of On-Demand Concrete and On-Demand Concrete is not responsible for the content of any third-party linked site or any link contained in a third-party linked site, or any review, changes or updates to such sites. On-Demand Concrete is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by On-Demand Concrete of the site or any information contained therein. When leaving the On-Demand Concrete Site, you should be aware that On-Demand Concrete’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy data gathering practices, of that site.
PRESS RELEASES
The information contained within the press releases issued by On-Demand Concrete should not be deemed accurate or current except as of the date the release was posted. On-Demand Concrete has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.
DISCLAIMERS
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. ON-DEMAND CONCRETE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. ON-DEMAND CONCRETE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. ON-DEMAND CONCRETE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE ON-DEMAND CONCRETE ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, ON-DEMAND CONCRETE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
On-Demand Concrete reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by On-Demand Concrete.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ON-DEMAND CONCRETE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ON-DEMAND CONCRETE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF ON-DEMAND CONCRETE’S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID ON-DEMAND CONCRETE, WHICHEVER IS LESS.
Certain laws do not allow limitation on implied warranties or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusion, or limitations, may not apply to you, and you may have additional rights to those contained herein.
APPLICABLE LAW AND VENUE
These terms and conditions shall be governed by and construed in accordance with the laws of the state of Colorado without regarding to conflict of law principles. Exclusive jurisdiction for any litigation arising out of these terms and conditions or its subject matter shall be in County of Larimer, State of Colorado.
TERMINATION
Notwithstanding any of these terms and conditions, On-Demand Concrete reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent future access to and use of the Site.
SEVERABILITY
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
SOCIAL MEDIA
Our social media pages/channels, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube (“Sites”) are a place for you to learn more about the On-Demand Concrete. Neither On-Demand Concrete nor any of its subsidiaries are responsible for third party content posted or appearing on these Sites, including but not limited to content and links posted by users. On-Demand Concrete does not control or endorse nor is it responsible for third party content and makes no representations regarding the accuracy of content, information, opinions, claims or advice shared by On-Demand Concrete fans.
On-Demand Concrete does not condone or allow use of social media community space for content not related to the On-Demand Concrete. We reserve the right to remove postings that are: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive or misleading; (c) in violation of copyright or intellectual property laws; (d) contain advertising or SPAM; (e) and any other content that On-Demand Concrete may deem inappropriate.
On-Demand Concrete reserves the right to ban and block individuals who do not follow these basic rules of engagement. We are excited that you have decided to visit our social media pages/channels on these Sites you should also be aware and familiarize yourself with the site owner’s terms of service as posted on the sites.
WEB ACCESSIBILITY
On-Demand Concrete is committed to making the electronic communications we deploy accessible to individuals with disabilities. On-Demand Concrete’s work on accessible design is continuous and we welcome feedback on improving the accessibility features of our site. It is our commitment to provide files in accessible formats. If you need to request an alternative version of information posted on this site, please email jordan@on-demandconcrete.com and provide as much information as you can about the content, its location, and your specific needs.