Legal and Privacy Disclaimer
Updated 04/06/11: LMG Concrete Specialists
knows that the privacy of the personal information that we
receive about you is important to you. We understand that
you trust us to protect the confidentiality and security of
that information. The information we collect about you is
used only to provide the services that you request from us.
This notice informs you of our privacy policy and describes
how we treat the information that we receive about you.
LMG Concrete Specialists collects nonpublic personal
information about you only in connection with providing you
services that you request. The types of nonpublic personal
information that we collect vary according to the services
we perform for you, and may include:
* Information that we receive from you (such as your name,
address, social security number and other household
information);
* Information about your relationship with us (such as the
types of services we provide to you, your invoice balances,
and your payment history); and
* Information that we receive, with your authorization, from
third parties.
LMG Concrete Specialists does not disclose any public or
nonpublic personal information about you that you have
provided to us to anyone outside of our company, except as
authorized by you or as required by law. In addition, we
will release information to the extent required by law or
regulation. We do not sell client information to anyone or
disclose client information to marketing companies.
We restrict access to public and nonpublic personal
information about you that you have provided to us to those
LMG Concrete Specialists staff members who need to know the
information to provide services to you. All LMG Concrete
Specialists employees are required to maintain the
confidentiality of all nonpublic personal information about
you.
Legal Disclaimer: The information contained within this site
should not be considered as legal advice.
PRIVACY AND USE
LMG Concrete Specialists maintains all records and is
responsible for updating data.
This Web site and any information included is for personal
use only. Any information relating to LMG Concrete
Specialists for any other purpose, including but not limited to,
reproducing and storing in a retrieval system by any means,
electronic or mechanical, photocopying or using the
addresses or other information for any private, commercial
or political mailing or contact, is strictly prohibited, is
in direct violation of copyright and would constitute
misappropriation of Specialistsorate property.
All information contained herein remains the property of the
LMG Concrete Specialists The data contained on this Web site
may not be reproduced in whole or in part by any person or
entity without the express written permission of the LMG Concrete Specialists The LMG Concrete
Specialists have attempted
to verify and correctly state the information contained
herein. However, the LMG Concrete Specialists and its
webmasters disclaim all liability and responsibility for the
accuracy of this information. In addition, circumstances may
have rendered some information herein obsolete prior to the
date of the publication or prior to the time the information
is reviewed by the reader.
A FEW WORDS ABOUT YOUR PRIVACY
LMG Concrete Specialists has adopted these guidelines to
ensure customer privacy and protect personal data.
1. Information Collection and Use
We will ask you when we need information that personally
identifies you or allows us to contact you. Such information
may be requested when you update your information, make
payments or similar activities. Your information may be used
for the following purposes:
* To make the site easier for you to use and navigate
* To help you quickly access services or information on our
website.
* To help us create content relevant to you
* To alert you to site updates, new features and offers
2. Updating Personal Files
If you choose not to update your personal files, you will
still be able to access content. However, you may not be
able to access areas or sources that require personal file
information.
3. Personal File Updates
We provide you with the means to ensure that your personal
information is correct and current.
4. Security
LMG Concrete Specialists protects the security of your
personal information and honors your choices for its
intended use. We carefully protect your data from loss,
misuse, unauthorized access or disclosure, alteration or
destruction. Personal information will be used for LMG Concrete Specialists business purposes only.
5. Newsletter Mailings
You have the right to control whether you receive updates
through our third party newsletter and emailing services.
6. Feedback
If you believe LMG Concrete Specialists has not has not
adhered to the principles above, please notify us by email.
We will do our best to determine and correct the problem
promptly.
LEGAL DISCLAIMER
1. ACCEPTANCE OF TERMS
By accessing the LMG Concrete Specialists WebSite ("the
Service"), you signify your agreement to all terms,
conditions, and notices contained or referenced herein, the
Terms of Service ("TOS"). If you do not agree to the TOS, do
not use this Service. We reserve the right, at our
discretion, to update or revise the TOS. Please check the
Terms periodically for changes. LMG Concrete Specialists
provides its service to you, subject to the following TOS,
which may be updated by us from time to time without notice
to you. In addition, when using particular LMG Concrete
Specialists services, you 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 inSpecialistsorated by reference into the TOS. Your
continued use of this Service following the posting of any
changes to the TOS constitutes acceptance of those changes.
2. DESCRIPTION OF SERVICE
LMG Concrete Specialists currently provides users with access
to online resources. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service,
including the release of new LMG Concrete Specialists
properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that
LMG Concrete Specialists assumes no responsibility for the
timeliness, deletion, mis-delivery or failure to store any
user communications or personalization settings.
3. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES,
UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN
CONNECTION WITH THE SERVICE. SPECIFICALLY, LMG Concrete
Specialists DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT
NOT LIMITED TO ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR
SERVICES, AND DISCLAIMS WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS
DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
b.LMG Concrete Specialists 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 LMG CONCRETE SPECIALISTS OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
4. LIMITATION OF LIABILITY
NEITHER LMG Concrete Specialists NOR ANY OF ITS EMPLOYEES,
AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, OR CONTENT OR
SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER THIRD
PARTY FOR ANY DAMAGES ARISING OUT OF USE OF THE SERVICE OR
INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY
BREACH OF ANY WARRANTY. THIS LIMITATION APPLIES WHETHER THE
ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LMG Concrete Specialists HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF LMG Concrete Specialists, ITS EMPLOYEES, AGENTS, SUCCESSORS,
ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH LAW.
FURTHER, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LMG Concrete Specialists SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, 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 LMG Concrete Specialists 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.
3. 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 LMG Concrete Specialists, are entirely
responsible for all Content that you upload, post, email,
transmit or otherwise make available via the Service. LMG Concrete Specialists 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 LMG Concrete Specialists 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, transmitted or otherwise made available via the
Service.
You agree to not use the Service to:
a.
upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, 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 LMG Concrete Specialists 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, transmit or otherwise make available
any Content that you do not have a right to make available
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, transmit or otherwise make available
any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of
any party;
g.
upload, post, email, transmit or otherwise make available
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, transmit or otherwise make available
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 Florida 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 LMG Concrete Specialists does not
pre-screen Content, but that LMG Concrete Specialists 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,
LMG Concrete Specialists 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 LMG Concrete Specialists or submitted to LMG Concrete Specialists, including
without limitation information in LMG Concrete Specialists
Links, News, and in all other parts of the Service.
You acknowledge and agree that LMG Concrete Specialists 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 LMG Concrete Specialists, 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.
5. 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.
6. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
LMG Concrete Specialists does not claim ownership of Content
you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make
available for inclusion in the Service, you grant LMG Concrete Specialists an unlimited, world-wide, royalty free
license.
7. INDEMNITY
Upon a request by LMG Concrete Specialists, you agree to
defend, indemnify, and hold harmless LMG Concrete Specialists
and other affiliated companies, and their employees,
contractors, officers, and directors from all liabilities,
claims, and expenses, including attorney's fees, that arise
from your use or misuse of this Service. LMG Concrete
Specialists reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you will
cooperate with LMG Concrete Specialists in asserting any
available defenses. Further, you agree to indemnify and hold
LMG Concrete Specialists, 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, transmit or make
available 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. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that LMG Concrete Specialists 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 LMG Concrete
Specialists'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 LMG Concrete Specialists 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 LMG Concrete Specialists reserves the right to log off accounts that are
inactive for an extended period of time. You further
acknowledge that LMG Concrete Specialists 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
LMG Concrete Specialists 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 LMG Concrete Specialists shall
not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
13. TERMINATION
LMG Concrete Specialists reserves the right, in its sole
discretion, to terminate your access to all or part of this
Service, with or without notice. You agree that LMG Concrete Specialists, in its sole discretion, may terminate your 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 LMG Concrete Specialists believes that
you have violated or acted inconsistently with the letter or
spirit of the TOS. LMG Concrete Specialists 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 LMG Concrete Specialists 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 LMG Concrete Specialists 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
LMG Concrete Specialists 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. NOTE THAT ALL MERCHANDISE SOLD
OR GIVEN AWAY ON THE LMG Concrete Specialists WEBSITE ARE
PROVIDED BY ADVERTISERS AND NOT LMG Concrete Specialists,
REGARDLESS OF THE APPEARANCE OR BRANDING OF THE PRODUCT
OFFERING OR ADVERTISEMENT ON THE LMG Concrete Specialists
WEBSITE. IF YOU DO NOT WISH TO DEAL WITH SUCH ADVERTISERS,
DO NOT PURCHASE ANY ITEMS FOR SALE OR ACCEPT ITEMS ON THE
LMG Concrete Specialists WEBSITE.
15. LINKS
The Service may provide, or third parties may provide, links
to other World Wide Web sites or resources. Because LMG Concrete Specialists has no control over such sites and
resources, you acknowledge and agree that LMG Concrete
Specialists 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 LMG Concrete Specialists 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.
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.
24. GENERAL INFORMATION
This TOS shall be governed by and construed in all respects
by the laws of the State of Florida, as such laws are
applied to agreements entered into and performed entirely
within the State of Florida and between Florida residents.
If any provision of these Terms is held to be invalid or
unenforceable, such provision shall be struck to the extent
of such invalidity or unenforceability, and the remainder
thereof, as well as the remaining provisions of the Terms
shall be fully enforced. You expressly agree that the
exclusive jurisdiction for any claim or action arising out
of or relating to these TOS or your use of this Service
shall be filed only in the state or federal courts located
in the State of Florida, and you further agree and submit to
the exercise of personal jurisdiction of such courts for the
purpose of litigating any such claim or action. The TOS
constitute the entire agreement between you and LMG Concrete Specialists and govern your use of the Service, superceding
any prior agreements between you and LMG Concrete Specialists
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.. The failure of LMG Concrete Specialists to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court
of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the
provision, and the other provisions of the TOS remain in
full force and effect. You agree that regardless of any
statute or law to the contrary, any contract arising out of
or related to use of this Service provided by LMG Concrete Specialists or otherwise arising out of or related to the
provisions and conditions of the TOS, must be filed within
one (1) year after such claim or cause of action first arose
or shall be forever barred. The section titles in the TOS
are for convenience only and have no legal or contractual
effect. |