Effective as of July 14, 2014
Web Site License
Limitations on Use
Use of the Content (everything on the Web Site) on this Web Site is limited to lawful business purposes including setting up a Polishedcrete.com user registration. You may not reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or Content. You may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic device or manual process to monitor or copy the Web Site or Content without Polishedcrete’ prior written permission. You may not copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. You may not modify, hack or attempt to gain access to any pages or data not publicly linked from the site. Any unauthorized use of the Web Site or its Content is prohibited.
Not Legal or Data Security Advice
Errors and Corrections
Polishedcrete does not represent or warrant that the Web Site is error free. We will take steps to the best of our ability to correct all defects with the Web Site. Polishedcrete does not warrant or represent that the recent breech information available on or through the Web Site will be correct, accurate, timely or otherwise reliable. Polishedcrete may make improvements and/or changes to its features, functionality or Content at any time.
Right to Rely on Instructions
Polishedcrete may act in reliance upon any instruction, information, document, filing, name, email address or user password that meets the Web Site’s automated criteria or which is believed by Polishedcrete’ personnel to be genuine. For any password protected areas, Polishedcrete may assume a person entering a user name address and associated password is, in fact, that user or is authorized by that user to act on its behalf. Polishedcrete may assume the latest email addresses and registration information on file with Polishedcrete are accurate and current. When programmed to do so, Polishedcrete may take prescribed actions in the absence of receiving proper and complete contrary instructions.
Third Party Content
Third party content may appear on the Web Site or may be accessible via links from the Web Site. Polishedcrete is not responsible for and assumes no liability for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on the Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief of Polishedcrete.
Links to Polishedcrete.com
You may link to this site without written permission. We suggest that links go to the Home page (https://www.Polishedcrete.com), and we ask that you carefully consider the context and section in which the link is being placed.
The website is designed so that you can freely browse the site for information without revealing personal data. Any personal information sent to our office via email, is done so at the free will of the sender.
THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. POLISHEDCRETE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. POLISHEDCRETE DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, OUT OF OR IN ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF, (D) YOUR USE OF THE WEB SITE, OR (E) YOUR USE OF EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.
Limitation on Liability
POLISHEDCRETE SHALL NOT BE LIABLE FOR ANY INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE WEB SITE. POLISHEDCRETE SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ATTORNEY FEES, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEB SITE OR THE CONTENT.
Severability of Provisions
Remedies for Violations
If you violate or exceed the scope of this Agreement or infringe our proprietary rights, you agree we would be irreparably harmed and may (in addition to other relief and without having to post bond) obtain a court order enjoining you from further mischief.
Polishedcrete is not responsible for any delay or failure in performance of the web site in whole or in part for any reason including, without limitation: fires, floods, storms, earthquakes, civil disturbances, disruption of telecommunications, transportation, utilities, services or supplies, governmental action, computer viruses, corruption of data, hacker attack, incompatible or defective equipment, software or services or otherwise. Nothing herein enlarges any warranty or diminishes any disclaimer under this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF TEXAS (USA), WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU ARE RESPONSIBLE FOR COMPLYING WITH YOUR OWN LOCAL LAWS, WHICH MAY VARY WITH RESPECT TO CERTAIN ACTIVITIES OR PEOPLE (e.g., MINORS). You agree that U.S. District Courts can hear cases involving copyright issues between us. Since we make no warranties and have limited our liabilities, you should have little reason to have a grievance with us. Should you nevertheless bring legal action against us, you irrevocably agree it will be brought and maintained on an individual basis (and not consolidated with similar cases) within one (1) year after the claim arises or be barred. As disincentive for unwarranted litigation, you agree that if you sue us and don’t win on the merits, you will pay our defense costs, including reasonable legal fees for in-house and outside counsel. If we are required to enforce this Agreement or our rights, you agree it is reasonable to send you legal notices and papers by electronic mail at your stated address (we would also attempt to send you a backup copy by regular mail).
Intellectual Property Rights
This document reflects our entire and exclusive agreement and supersedes all other agreements regarding this subject matter, whether written or verbal. We reserve the right to change this Agreement at any time by posting a new version on the Web Site. Your continued use of this web site after the effective date of such amendment will constitute your acceptance of it. We reserve the right to assign this Agreement or delegate responsibility to any third party, including a party acquiring any of our operating assets or ownership interests. All licenses or permissions granted to you by this Agreement are personal in nature and may not be assigned, sublicensed or otherwise transferred and any attempt to the contrary is void. Any provision of this Agreement found by a court to be illegal or unenforceable shall automatically be deemed conformed to the minimum requirements of law and shall thereupon be given full force and effect as so modified. Waiver of a provision in one instance shall not preclude our enforcement of it on future occasions. Headings are for reference purposes only and have no substantive effect.
Intellectual Property – Permitted Uses and Restrictions on Use
The Polishedcrete.com Web Site is protected by copyright law. Copyright © 2008 Polishedcrete. All rights reserved.
Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site other than as mentioned above without the express written permission of Polishedcrete or such third party that may own the Trademark.
YOUR USE OF THIS WEB SITE OR ANY SERVICES RELATED THERETO SIGNIFIES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.