Terms of Use
BY ACCESSING OR USING ANY PART OF THIS WEB SITE, YOU EXPRESSLY AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
Scope of Use Rights. You and your representatives are permitted to access and use the information available through the web site only under these terms of use and for your own internal business use.
Security. You will be solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the web site.
Responsibility for Employees, Contractors, and Other Representatives. We understand and agree that you may authorize your employees, contractors, and other representatives (your “representatives”) to access the web site on your behalf. Your representatives must comply with these terms of use when accessing or using the web site. You acknowledge and agree that you will be liable for all of the actions of your representatives in connection with their use of the web site, regardless of whether you have authorized them to access and use the web site. In addition, you will be responsible for all of the actions of your former employees, contractors, and other representatives.
Prohibited Uses. You are solely responsible for, and you agree not to engage, and to see that your representatives do not engage, in unacceptable use of the web site, which includes, without limitation, use of the web site to: (a) interfere, disrupt or attempt to gain unauthorized access to the web site or any other computer network; (b) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (c) engage in any other activity deemed by us to be in conflict with the spirit or intent of these terms of use.
Interactive Areas. You may be permitted to access and use discussion groups, bulletin boards, mail lists, customized home pages, services and other tools, and other forms of group electronic communications through the web site (“Interactive Areas”). If you participate in or use any Interactive Area you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that we have no responsibility for or control over the information, creations, data or material you may post on or using these Interactive Areas. We make no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the web site. You further expressly agree that you will not: (a) after receiving warning, continue to post material which we have advised you not to post; (b) create a false identity or forged e-mail address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called “spam” or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the web site; (f) attempt to gain unauthorized access to restricted areas of the web site, other accounts, computer systems or networks connected to the web site, through password mining or any other means; or (g) interfere with another user’s use and enjoyment of the web site.
We do not and are not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our Users of any material that is alleged not to conform to the terms of this Agreement, we may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. We reserve the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to this Agreement. We reserve the right to edit or delete any material posted on our web site, regardless of whether such material violates these standards for content. We have no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
We further do not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. We also do not endorse any opinions expressed in Interactive Areas. YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information you submit to the Interactive Areas by all means and in any media now known or hereafter developed for any use or purpose.
No Professional Advice. The content contained on the web site (including instructions, guides, tips, and estimates) is offered for informational and educational purposes only, and is not intended to be a substitute for professional architecture, landscape architecture, engineering, design or construction advice. You should not act upon this information without seeking professional advice. If you act without professional advice, you assume all risk for such actions.
We do not endorse any specific tests, products, procedures, opinions, contractors, or other information that may be mentioned or described in this web site. If you rely on any content obtained by you on or through this web site, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your place or country of residence.
Privacy Statement. Our Privacy Statement can be found by following this link: Privacy Statement. The Privacy Statement is incorporated herein by this reference and made an integral part hereof.
Not Intended for Children. This web site is not intended to be used by children. The web site itself is intended to be used by adults. If you are under 18 years of age, you may use this web site only with the involvement of a parent or guardian. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Advertisements and Links to Other Web sites. Any link (including a hyperlink, button or referral device of any kind) used on this web site is provided for your use and convenience. The appearance of a link on this web site does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party web site has any relationship with us. We are not responsible for the content of linked third-party web sites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not endorse any product, service, or service provider that may be advertised on our web site.
Links to Our Web site; Advertising. Links into our web site must be by prior written approval of Hill Sand & Gravel, Inc.. No other links into our web site are permitted.
Termination. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to remove or disable access to all or any portion of the web site and to suspend your access to or use of all or any portion of the web site.
Disclaimer of Warranties. THE WEB SITE AND ITS CONTENTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE WEB SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO WE MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE INFORMATION CONTAINED IN THE WEB SITE. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE WEB SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR INJURY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEB SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE WEB SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEB SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE WEB SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE WEB SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, AND EVEN IF WE KNEW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEB SITE AND TERMINATE THIS AGREEMENT.
Indemnification. You agree to indemnify, hold harmless and defend us and our shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) these terms of use; (b) your use of the web site, including any data or work transmitted or received by you; and (c) any unacceptable use of the web site.
No Extraterritoriality. We are based in Onley, Virginia, in the United States of America. We make no claims that the web site is appropriate for, or may be accessed or downloaded by, persons residing outside of the United States of America. Access to our web site and its content may not be legal by certain persons in certain countries. If you access this web site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Miscellaneous. We will have the right, at any time and without notice, to add to or modify these terms of use simply by posting such amended terms on this web site. You consent to the modification of these terms of use in this manner. Your access to or use of the web site after the date such amended terms are posted shall be deemed to constitute acceptance of such amended terms.
These terms of use are made in and shall be governed by the laws of the Commonwealth of Virginia, including, without limitation, the Virginia Uniform Computer Information Transactions Act and the Virginia Uniform Electronic Transactions Act, without reference to conflicts of laws.
All actions, claims or disputes arising under or relating to these terms of use shall be brought in the federal or state courts in Virginia. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction by these courts.
If we sue you to enforce these terms of use and prevail, then we will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which we may be entitled.
The terms and provisions of the sections regarding “Responsibility for Employees, Contractors, and Other Representatives,” “Disclaimer of Warranties”, “Limitation of Liability”, “Indemnification”, and “Miscellaneous” shall survive any termination or expiration of this Agreement.
These terms of use constitute the complete and exclusive statement of the agreement between you and us with respect to the web site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between you and us concerning the web site.
The waiver by us of a breach of any provision of these terms of use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind. If any provision of these terms of use shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of these terms of use shall remain in full force and effect.
Thank you for using our web site. We hope you find it helpful and convenient to use. Questions or comments regarding this web site should be directed by electronic mail to webmaster@hillsandandgravelinc.com or by U.S. Mail to Hill Sand & Gravel inc., 25295 Pine St., Onley, VA 23418.