Please read the following Legal Notices & Terms and Conditions (“Terms of Use”) carefully before viewing or using the beyondconcretedesign.com web site (“Site”). By accessing or using the Site you signify that you have read, understand and agree to be bound by these Terms of Use. Beyond Concrete reserves the right to modify these Terms of Use at any time by posting modified Terms of Use, and your continued use of the Site thereafter will constitute agreement with such modifications. If you do not agree to these Terms of Use, please do not use this Site.
Beyond Concrete is a Wisconsin limited liability company with offices in Wisconsin and established under the laws of the state of Wisconsin, USA. References in these Terms of Use or the Site to “Beyond Concrete”, or the “Company” refer to the Wisconsin limited liability company, unless indicated otherwise. Beyond Concrete operates this Site to provide online access to information about Beyond Concrete and the products, services, and opportunities we provide (the “Service”). Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement”.
Use of Site. Unless otherwise specified, the Services are for your personal and non-commercial use. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
User Conduct. While using the Site you will comply with all applicable laws, rules, and regulations. In addition, the Company expects users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site. You agree that you will not:
Copyright. The Site and the Content are protected by U.S. and foreign copyright laws, and belong Beyond Concrete and its partners, affiliates, contributors and third parties. The copyrights in the Content are owned by Beyond Concrete or other copyright owners who have authorized their use on this Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Beyond Concrete, for example in certain password-restricted areas. You may not manipulate or alter in any way any images or other Content on the Site.
Intellectual Property. ©Copyright 2024 by Beyond Concrete All rights reserved. The Company claims a copyright in all proprietary and copyrightable text, graphics and computer code on this Site, the overall design of this Site, and the selection, arrangement and presentation of all materials on this Site, including information in the public domain. You agree not to copy, reproduce, republish, transmit, modify, or distribute any of the materials contained on the Site, except for your personal, noncommercial use, absent the written approval of Beyond Concrete
Links to Third-Party Web Sites. If you use any links on the Site to websites not maintained by Beyond Concrete, you will leave Beyond Concrete’s Site. The linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained on a linked site. The Company provides these links to you only as a convenience and the inclusion of any link does not imply recommendation, approval or endorsement by the Company of the site.
Downloading Files. Any software or documents that are made available to download from the Services (“Download”) is the copyrighted work of Beyond Concrete and/or its suppliers. Use of the Download is governed by the terms of this Agreement, or by the end user license agreement, if any, which accompanies or is included with the Download (“License Agreement”). Third party scripts or code, linked to or referenced from this website, are licensed to you by the third parties that own such code, not by the Company.
The Download is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Download not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of the download to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such download.
The download is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Beyond Concrete hereby disclaims all warranties and conditions with regard to the download, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. For your convenience, Beyond Concrete may make available as part of the services or in its software products, tools and utilities for use and/or download. Beyond Concrete does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Beyond Concrete software products.
Disclaimer of warranties. Beyond Concrete makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. Beyond Concrete expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Beyond Concrete does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Beyond Concrete does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Limitation of Liability. IN NO EVENT WILL Beyond Concrete be liable for any loss or injury, or any damages, whether direct, special, indirect Beyond Concrete, punitive, incidental, exemplary, consequential, or otherwise, whether based on breach of contract, tort (including negligence), or otherwise, resulting from your access or use of this site. You hereby waive any and all such claims against Beyond Concrete, their partners, employees affiliates and contributors. You agree that the limitations set forth above are fundamental elements of this agreement, and that the Site and its materials would not be provided to you absent such limitations. Some state statutes may restrict this limitation of liability.
IF YOU ARE DISSATISFIED WITH ANYTHING ON OR RELATED TO THE SITE, SUCH AS THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Indemnification. Beyond Concrete makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. Beyond Concrete expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. Beyond Concrete does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. Beyond Concrete does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Additional Terms of Service. If you purchase any paid Service from Beyond Concrete, such purchases will be subject to the additional terms and conditions associated with such purchases, including an associated purchase contract. Please review the policies that govern your use of such Services.
Password Security. If you register to become an Beyond Concrete member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You agree to notify Beyond Concrete immediately of any unauthorized use of your account or any other breach of security. Beyond Concrete will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Beyond Concrete or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, Beyond Concrete notifies you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that the Company does not endorse any of the products or services listed at these sites.
Unsolicited Idea Submission Policy. Neither Beyond Concrete, nor any of its employees, accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new products or technologies, services, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid misunderstandings should Beyond Concrete’s business activities bear coincidental similarities with one or more of the many unsolicited ideas submitted to Beyond Concrete Please do not send your unsolicited ideas to Beyond Concrete or anyone at Beyond Concrete If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your submission may say:
User Supplied Information. Any feedback you provide at this Site shall be deemed to be non-confidential. Beyond Concrete shall obtain the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the feedback, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you. By providing such feedback, you guarantee to us that you have the legal right to post said feedback and that it will not violate any law or the rights of any person or entity.
Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. It is Beyond Concrete’s policy to take immediate action to address allegations of copyright infringement reported to us in accordance with applicable law, including but not limited to the United States Digital Millennium Copyright Act (Details can be found at http://copyright.gov ). To report an infringement, you must submit a written notice containing the following:
General Provisions. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Beyond Concrete with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Beyond Concrete with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Beyond Concrete, Beyond Concrete will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Beyond Concrete’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver Beyond Concrete of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Beyond Concrete and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Choice of Law/ Forum. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Wisconsin without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Dane County, Wisconsin, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
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