Legal Notices and Terms of Use
This web site is owned and operated by Cook
Concrete, L.P. This page contains proprietary rights, notices, and terms
of use of this site. By using this site, you accept these terms of use.
If you do not agree to these terms of use, please do not use the site.
You may be referred to as the Licensee. The terms 'You' or 'Licensee'
includes you and any of your owners, employees, partners, independent
contractors, subsidiaries, affiliates, attorneys, agents, heirs, and
assigns. Cook Concrete may be referred to as Licensor. The terms 'Us,'
'We,' 'Website,' or 'Licensor' includes our owners, employees,
subsidiaries, independent contractors, partners, agents, attorneys, and assigns.
Copyright Notice
© 2008 Cook Concrete, L.P., 10633 John W Elliott,
Frisco, TX 75034. All rights reserved.
Disclaimers
THE WEB SITE AND THE INFORMATION OR MATERIALS
HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. NEITHER COOK CONCRETE
L.P. NOR THE COMMISSIONING AGENT MAKES ANY REPRESENTATIONS OR WARRANTIES,
EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE OR
ITS CONTENTS. COOK CONCRETE L.P. AND THE COMMISSIONING AGENT DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USING OR
ATTEMPTING TO USE THE WEB SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT
COOK CONCRETE L.P. AND THE COMMISSIONING AGENT MAKE NO WARRANTIES OR
REPRESENTATIONS REGARDING THE CONTENT OF THE WEB SITE: (i) THERE ARE NO
WARRANTIES OR REPRESENTATIONS MADE REGARDING THE CONTENT OF THE WEB SITE
IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY, OR ITS COMPLETENESS; AND
(ii) AS A SERVICE TO USERS OF THE WEB SITE, LINKS ARE PROVIDED TO OTHER
WEB SITES OVER WHICH COOK CONCRETE L.P. AND THE COMMISSIONING AGENT HAVE
NO CONTROL. COOK CONCRETE L.P. AND THE COMMISSIONING AGENT PROVIDE NO
ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE PRODUCTS,
SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB SITES, AND
THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST COOK CONCRETE L.P.
AND THE COMMISSIONING AGENT WITH RESPECT TO SUCH WEB SITES. EXCEPT AS
SPECIFICALLY STATED ON THE WEB SITE, NEITER COOK CONCRETE L.P., THE
COMMISSIONING AGENT, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
PARTNERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY HYPERLINKED
WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES
TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY,
DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, COURT COSTS, ATTORNEY FEES,
LITIGATION EXPENSES, ARBITRATION FEES AND EXPENSES, LOSS OF DATA, INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE
AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Use of Content on the Site
You may view, download, and print contents from the
Site subject to the following conditions: (i) the content may be used
solely for information purposes; and (ii) the content may not be
modified or altered in any way. You may not republish, distribute,
prepare derivative works, or otherwise use the content other than as
explicitly permitted herein.
You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of Cook Concrete L.P. without the
express written consent of Cook Concrete. You may not use any meta tags
or any other "hidden text" utilizing Cook Concrete's name or trademarks
without the express written consent of Cook Concrete L.P. You may not
use any Cook Concrete logo or other proprietary graphic or trademark as
part of the link without express written permission.
You do not acquire any ownership rights to any
content in the Site. Any unauthorized use terminates the permission or
license granted by Cook Concrete L.P.
Indemnification
You agree to defend, indemnify, and hold Cook
Concrete L.P., its officers, directors, employees, partners, affiliates, agents, licensors, and
suppliers harmless from and against any claims, actions or demands,
liabilities, and settlements, including without limitation reasonable
legal and accounting fees resulting from or alleged to result from your
violation of these terms and conditions.
No Assignment
You cannot assign this Agreement, or any aspect of
your rights and responsibilities.
Consent to Use Information
When you communicate with, send information to, or
provide content to Cook Concrete or our website, you grant Cook Concrete
L.P. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sublicensable right to exercise all copyright and publicity rights you
have in the content, in any manner whatsoever, in any media now known or
which may be created in the future, including in other works and forms
not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this
Agreement or to take action against any other party in the event of any
breach shall not be deemed a waiver by Cook Concrete L.P. as to
subsequent enforcement of rights or subsequent actions in the event of
future breaches.
General
Cook Concrete L.P. is based in Frisco, Texas, in the
United States of America. Cook Concrete L.P. makes no claims that the
Content is appropriate or may be downloaded outside of the United
States. Access to the Content may not be legal by certain persons or in
certain countries. If you access the Cook Concrete site from outside the
United States, you do so at your own risk and you are solely responsible
for compliance with the laws of your jurisdiction. All of the provisions
of this agreement survive the expiration or termination of the Terms and
Conditions for any reason whatsoever.
Jurisdiction
You expressly agree that exclusive jurisdiction for
any dispute with Cook Concrete L.P. or in any way relating to your use of
the Cook Concrete site, resides in the Courts of the State of Texas, and
you further agree and expressly consent to the exercise of personal
jurisdiction and venue in the Courts of the State of Texas in connection with any
dispute including any claim involving Cook Concrete L.P. or its
affiliates, subsidiaries, employees, partners, contractors, officers, directors,
telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws
of the State of Texas, without respect to its conflicts of law
principles. If any provision of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or condition or any other term
or condition.
Miscellaneous
(i) This Agreement contains the complete and entire
understanding and agreement between you and Cook Concrete L.P. and
supersedes any previous communications, representations, or agreements,
verbal or written, related to the subject matter of this Agreement.
(ii) This Agreement may not be modified or amended
orally, impliedly, or in any manner not set forth in writing and signed
by Cook Concrete, L.P. or
permitted by this Agreement.
(iii) This Agreement may be amended by Cook
Concrete L.P. at any time and without notice, but only by amending this
Agreement as posted on this website, unless otherwise agreed to in a
writing signed by both parties.
(iv) Any amendments will become effective 30 days
after being posted on the website, unless circumstances require that a
change be immediately implemented. As a condition for this Agreement you
agree to periodically check this Agreement posted at this page.
(v) You agree that your continued use of our
product or service after that date will constitute your consent and
acceptance of the amendment.