TERMS OF USE

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Please read these Terms and Conditions of Use carefully before using this site. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions and the Privacy Policy. By accessing this site, or downloading or viewing any materials, you are signifying that you have read and agreed to all applicable guidelines, policies, regulations and rules set forth herein or otherwise provided and you signify your assent to these Terms and Conditions of Use. If you do not agree with any part of the following Terms and Conditions of Use, you must not access any materials or otherwise use this site.

  1. The materials on this website (the “Site”) are provided by Smokey Point Concrete (SPC) and Skagit Readymix (SRM), Inc. and its affiliates as a service to its customers, employees and other interested persons and may be used for informational, non-commercial purposes only. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms and Condition of Use or in the text on the Site without the express written permission of SPC / SRM. SPC / SRM neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with SPC / SRM.
  2. While SPC / SRM uses reasonable efforts to include accurate and up-to-date information in the Site, SPC / SRM makes no warranties or representations as to its accuracy. SPC / SRM assumes no liability or responsibility for any errors or omissions in the content of the Site.
  3. Your use of and browsing in the Site are entirely at your risk. Neither SPC / SRM, any of its affiliates, Cultivate, Inc., nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, all information on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO ACCURACY OR COMPLETENESS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. In addition, you expressly acknowledge and agree that SPC / SRM is not liable or responsible for any defamatory, offensive or illegal conduct of third parties. SPC / SRM also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
  4. Images of people or places displayed on the Site are either the property of, or used with permission by, SPC / SRM. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of SPC / SRM. Archiving, saving, embedding or using analogous technology to capture content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this site and/or the content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
  5. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and common law Trademarks of SPC / SRM and others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of SPC / SRM or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited.
  6. Although SPC / SRM may from time to time monitor or review postings, transmissions, bulletin boards, and the like on the site, SPC / SRM is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
  7. This site may contain links to other Websites that are provided solely as a convenience to you and are not necessarily an endorsement by SPC / SRM of the contents of such other Websites. SPC / SRM shall not be responsible for the content of any other Websites and makes no representation or warranty regarding any other Websites or the contents or materials on such Websites. If you decide to access other Websites or participate in any offers or programs via such Websites, you do so at your own risk.
  8. You agree that you have read the Privacy Policy contained on the Site, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to SPC / SRM in accordance with the terms of and for the purposes set forth in the Privacy Policy.
  9. You agree to defend and indemnify SPC / SRM and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal fees, brought by third parties as a result of your use of this site.
  10. SPC / SRM may at any time modify these terms and conditions and your continued access of this Website, its Content or other use of this site will be conditioned upon the terms and conditions in force at the time of your use. It is your responsibility to review these Terms and Conditions periodically for any changes or modifications, as there will be no individual notices to Users regarding such changes or modifications. Users may check for new versions of these Terms and Conditions by checking www.smokeypointconcrete.com. Continued use of any service offered by SPC / SRM constitutes an affirmative acknowledgment by User of these Terms and Conditions including any subsequent modifications made to them and agreement to abide and be bound by them.
  11. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  12. The failure of SPC / SRM to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. User and SPC / SRM agree that any cause of action arising out of or related to Services provided under this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
  13. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

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Smokey Point Concrete, together with our Skagit Readymix division (‘SPC-SRM’) operates this Site to provide online access to information about SPC-SRM and the products, services, and opportunities we provide (the ‘Service’).

By accessing and using this Site, you agree to each of the terms and conditions set forth herein (‘Terms of Use’). 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.’

SPC-SRM reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

1. Use of Site

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about SPC-SRM products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. SPC-SRM reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

2. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to SPC-SRM or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by SPC-SRM or other copyright owners who have authorized their use on the 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 SPC-SRM, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). You may not manipulate or alter in any way images or other Content on the Site.
Date of Last Modification: December 06, 2007