AGREEMENT BETWEEN USER AND PINE BLUFF MATERIALS CO., LLC
The Pine Bluff Materials Co., LLC (“Pine Bluff Materials”) Web Site is comprised of various Web pages operated by Pine Bluff Materials.
The Pine Bluff Materials Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Pine Bluff Materials Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms and Conditions, do not use this Web site.
Pine Bluff Materials reserves the right, without notice to you, to change or revise the terms, conditions, and notices under which the Pine Bluff Materials Web Site is offered. You should review the Terms and Conditions from time to time as they are binding on you. Your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.
LINKS TO THIRD PARTY SITES
The Pine Bluff Materials Web Site may contain links or references to other web sites and resources (“Linked Sites”). Pine Bluff Materials makes no representations or warranties whatsoever about any Linked Sites. The Linked Sites are not under the control of Pine Bluff Materials and Pine Bluff Materials is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pine Bluff Materials is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, sponsorship, or recommendation by Pine Bluff Materials of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Pine Bluff Materials Web Site, you warrant to Pine Bluff Materials that you will not use the Pine Bluff Materials Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Pine Bluff Materials Web Site in any manner which could damage, disable, overburden, or impair the Pine Bluff Materials Web Site or interfere with any other party’s use and enjoyment of the Pine Bluff Materials Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Pine Bluff Materials Web Sites.
MATERIALS PROVIDED TO PINE BLUFF MATERIALS
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PINE BLUFF MATERIALS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PINE BLUFF MATERIALS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PINE BLUFF MATERIALS WEB SITE AT ANY TIME. INFORMATION RECEIVED VIA THE PINE BLUFF MATERIALS WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
PINE BLUFF MATERIALS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PINE BLUFF MATERIALS WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PINE BLUFF MATERIALS AND/OR ITS SUPPLIERS HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PINE BLUFF MATERIALS DOES NOT WARRANT THAT THE WEBSITE, OR THE SERVER OR SERVERS THAT MAKES IT AVAILABLE, WILL BE UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER MALICIOUS COMPONENTS.
LIMITATION OF LIABILITY
Pine Bluff Materials reserves the right, in its sole discretion, to terminate your access to the Pine Bluff Materials Web Site and the related services or any portion thereof at any time, without notice.
JURISDICTION AND VENUE
To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Arkansas, U.S.A. in all disputes arising out of or relating to the use of the Pine Bluff Materials Web Site. Use of the Pine Bluff Materials Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pine Bluff Materials as a result of this agreement or use of the Pine Bluff Materials Web Site. Pine Bluff Materials’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pine Bluff Materials’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Pine Bluff Materials Web Site or information provided to or gathered by Pine Bluff Materials with respect to such use.
AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PINE BLUFF MATERIALS AND ITS SUPPLIERS, PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, STOCKHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY VIOLATIONS, AND INTELLECTUAL PROPERTY INFRINGEMENT, DAMAGES, LOSSES, AND COSTS, INCLUDING ATTORNEY’S FEES, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, Pine Bluff Material’s USE OF ANY INFORMATION YOU PROVIDE, ANY INFORMATION OR MATERIAL POSTED OR TRANSMITTED BY YOU ON OR THROUGH THE WEBSITE, OR ANY VIOLATION OF THE TERMS & CONDITIONS OF USE ASSOCIATED WITH THE WEBSITE.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pine Bluff Materials with respect to the Pine Bluff Materials Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pine Bluff Materials with respect to the Pine Bluff Materials Web Site.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Pine Bluff Materials Web Site are protected by copyright. You may not copy, distribute, or create derivative works from any part of this Web Site (including its graphics, pictorial matter, and text) without the prior written consent of Pine Bluff Materials. Any rights not expressly granted herein are reserved.
Certain names, logos, designs, titles, words, or phrases within this Web Site are trademarks, service marks, or tradenames of Pine Bluff Materials and may not be used without the prior written permission of Pine Bluff Materials. Pine Bluff Materials claims no interest in marks owned by other entities not affiliated with Pine Bluff Materials which may appear on this Web Site. Any rights not expressly granted herein are reserved.