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Terms of Use
All
Rights Reserved:
Copyright
© 2003 Eck-Spertise Concrete Co., LLC.
Reproduction,
copying, downloading, or other use of the information contained
on this site is strictly forbidden without the prior written authorization
of Eck-Spertise Concrete Co.
Terms
Of Use:
The
use of this site is governed by the policies, terms and conditions
set forth below. Please read them carefully. By using this site,
you agree to these terms of use. If you do not agree to these
terms, you may not use this site. Eckspertise.com reserves the
right, at any time, to modify, alter, or update these Terms of
Use, and you agree to be bound by such modifications, alterations,
or updates.
Typographical
Errors
In the event a product or service is listed at an incorrect price
due to typographical error or error in pricing information, Eckspertise.com
shall have the right to refuse or cancel any orders placed for
product or service listed at the incorrect price. Eckspertise.com
shall have the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase
and your order is canceled, Eckspertise.com shall immediately
issue a credit to your credit card.
Disclaimers
All information, services, products, and materials contained on
this site, including text, programming, graphics, and links, are
provided on an "as is" basis with no warranty. To the maximum
extent permitted by law, Eckspertise.com disclaims all representations
and warranties, express or implied, with respect to such information,
services, products, and materials, including, but not limited
to, warranties of merchantability, fitness for a particular purpose,
title, non-infringement, freedom from computer virus, and implied
warranties arising from course of dealing or course of performance.
In addition, Eckspertise.com does not represent or warrant that
the information accessible via this site is accurate, complete
or current. Price and availability information is subject to change
without notice.
Dispute
Resolution
If any controversy, dispute or claim arising out of or related
to your use of this site arises, the dispute will be resolved
exclusively by binding arbitration in accordance with the commercial
arbitration rules of the American Arbitration Association. However,
Eckspertise.com will have the right to petition a court of competent
jurisdiction for the entry of injunctions and orders for specific
performance relating to your unauthorized use of Eckspertise.com's
trademarks, service marks, copyrights, patents, trade secrets
or other intellectual property (collectively, the "Intellectual
Property") or any act or omission by you that may impair the goodwill
associated with the Intellectual Property:
Enforcement
All litigation, court proceedings, arbitration proceedings, mediation
proceedings, lawsuits, court hearings and other hearings initiated
by you must and will be venued exclusively in Denver, Colorado.
This Terms of Use and the relationship between you and Eckspertise.com
will be governed by the laws of the state of Colorado as if you
signed this Terms of Use in Colorado. The provisions of this Terms
of Use which conflict with or are inconsistent with applicable
governing law will be superseded and/or modified by such applicable
law only to the extent such provisions are inconsistent.
Limitation
on Liability
Eckspertise.com, will not be liable for any direct, indirect,
special, punitive, incidental, exemplary or consequential damages,
or any damages whatsoever, even if Eckspertise.com has been previously
advised of the possibility of such damages, whether in an action
under contract, negligence, or any other theory, arising out of
or in connection with the use, inability to use, or performance
of the information, services, products, and materials available
from this site. These limitations will apply notwithstanding to
any failure of essential purpose of any limited remedy. Because
some jurisdictions do not allow limitations on how long an implied
warranty lasts, or the exclusion or limitation of liability for
consequential or incidental damages, the above limitations may
not apply to you.
External
Sites
This site may include links to other sites on the Internet that
are owned and operated by third party vendors and other third
parties (the "external sites"). You agree that Eckspertise.com,
is not responsible for the availability of, or the content located
on or through, any external site. You should contact the site
administrator or Webmaster for those external sites if you have
any concerns regarding such links or the content located on such
external sites.

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