Menu
These Terms and Conditions of Use (the “Terms of Use”) apply to the Modern Concrete & Materials website located at modernconcretetx.com (the “Site”). The Site is the property of Modern Concrete & Materials, LLC. (“Modern Concrete & Materials”). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Modern Concrete & Materials reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Modern Concrete & Materials grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Modern Concrete & Materials, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Modern Concrete & Materials’ express prior written consent.
You may use information on Modern Concrete & Materials services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Modern Concrete & Materials for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Modern Concrete & Materials reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Modern Concrete & Materials’ server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Modern Concrete & Materials, including any Modern Concrete & Materials account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Modern Concrete & Materials’ systems or networks, or any systems or networks connected to the Site or to Modern Concrete & Materials.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Modern Concrete & Materials on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Modern Concrete & Materials or others.
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
Modern Concrete & Materials’ obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Modern Concrete & Materials may make changes to any services offered on the Site, or to the applicable prices for any such services, at any time, without notice. The materials on the Site with respect to services may be out of date, and Modern Concrete & Materials makes no commitment to update the materials on the Site with respect to such services.
The following terms also govern and apply to your use of the Site:
Modern Concrete & Materials grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any service listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Modern Concrete & Materials or any third party.
You may not use, frame or utilize framing techniques to enclose any Modern Concrete & Materials trademark, logo or other copyrighted information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Modern Concrete & Materials’ express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing Modern Concrete & Materials name, trademark, or service name without Modern Concrete & Materials’ express written consent.
Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statues. All violators will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site, including, without limitation, the design, text, graphics, pictures, sound files and other files, and the selection and arrangement (“Materials”) thereof are copyrighted, All Rights Reserved, by Modern Concrete & Materials. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Modern Concrete & Materials or the respective copyright owner with the exception of the commercial images and videos provided on the Site Media Resources, the use of which is subject to the express terms and conditions pertaining thereto. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of Modern Concrete & Materials or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.
Modern Concrete & Materials respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide Modern Concrete & Materials the following written information:
Modern Concrete & Materials’ Trademarks and logos hereafter referred to collectively as “the Marks” and as to Logos only as “Logo or Logos” are the cornerstone of the company and instrumental in building and sustaining a strong image of the company’s brand. Information found below provides guidelines for the Marks and Logos.
The Marks and Logos may not be copied, imitated or used, in whole or in part, without the prior written permission of Modern Concrete & Materials with the exception of the commercial images and videos provided on the Site Media Resources the use of which is subject to the express terms and conditions pertaining thereto.
The’ Marks and Logos should be fully, clearly and legibly reproduced.
The Marks and Logos should be depicted in their entirety, without modification or abbreviation. No attempt should be made to alter, revise or recreate these logos in any manner whatsoever including, but not limited to, changes in color, proportion, design, or removal of any words or trademark symbols. Any variation requires approval of Modern Concrete & Materials.
Modern Concrete & Materials – Correct
Modern Materials – Incorrect
The Modern Concrete & Materials – Incorrect
Other business(es) trademarks, logos, projects or organization names should not be incorporated into the Marks or Logos unless Modern Concrete & Materials has provided approval to do so.
The Marks and Logos shall not be used (i) in any manner inconsistent with these guidelines, (ii) in any way which is unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane, or (iii) in any way that could give rise to any civil or criminal liability under the law or otherwise diminish the goodwill and integrity of the Modern Concrete & Materials.
The Marks may never be used in a manner that would disparage Modern Concrete & Materials or its services.
The Marks may not be translated into another language or changed into another character set without the prior approval of Modern Concrete & Materials.
The Marks and Logos may not be used to endorse or promote third parties, others’ goods or services, political campaigns or promotion of political causes, or for organizations and programs not directly sponsored by Modern Concrete & Materials, without the written permission of Modern Concrete & Materials.
All uses of the Marks or Logos in marketing, advertising, product sheets, collateral materials, website, social media, other digital media applications or promotional items should be approved by Modern Concrete & Materials prior to such use. Social media shall mean online or internet communications, including, but not limited to Facebook, Instagram, Twitter, LinkedIn, YouTube, as well as personal websites, weblogs (blogs), and vlogs (video blogs).
The Logos must never be used as a substitute for the corporate name, “Modern Concrete & Materials” in text in documents.
Any approved use of theMarks or Logos on websites must always include a link to modernconcretetx.com.
All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners, and may not be copied, imitated or used, in whole or in part without the prior written permission of such respective owners. Any request for grant of a license to use the Marks is subject to prior approval, and should be addressed to Modern Concrete & Materials.
Certain features or services offered on or through the Site may require you to open an account (including new account application set up). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Modern Concrete & Materials immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Modern Concrete & Materials or any other user of or visitor to the Site due to someone else using your username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username, password or account at any time without the express permission and consent of the holder of that username, password or account. Modern Concrete & Materials cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Modern Concrete & Materials Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Modern Concrete & Materials’ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Modern Concrete & Materials control, and Modern Concrete & Materials is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
MODERN CONCRETE & MATERIALS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MODERN CONCRETE & MATERIALS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. MODERN CONCRETE & MATERIALS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MODERN CONCRETE & MATERIALS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY MODERN CONCRETE & MATERIALS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MODERN CONCRETE & MATERIALS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Modern Concrete & Materials reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will Modern Concrete & Materials be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Modern Concrete & Materials has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Modern Concrete & Materials is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Modern Concrete & Materials liability shall in no event exceed the greater of (1) the total of any purchased service on the Site paid in the six months prior to the date of the initial claim made against Modern Concrete & Materials, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold Modern Concrete & Materials, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Modern Concrete & Materials by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
Modern Concrete & Materials may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Modern Concrete & Materials’ rights or property, or the rights or property of visitors to or users of the Site, including Modern Concrete & Materials’ customers. Modern Concrete & Materials reserves the right at all times to disclose any information that Modern Concrete & Materials deems necessary to comply with any applicable law, regulation, legal process or governmental request. Modern Concrete & Materials also may disclose your information when Modern Concrete & Materials determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Modern Concrete & Materials may preserve any transmittal or communication by you with Modern Concrete & Materials through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Modern Concrete & Materials determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Modern Concrete & Materials, its employees, users of or visitors to the Site, and the public.
You agree that Modern Concrete & Materials may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Modern Concrete & Materials, for which monetary damages would be inadequate, and you consent to Modern Concrete & Materials obtaining any injunctive or equitable relief that Modern Concrete & Materials deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Modern Concrete & Materials may have at law or in equity.
You agree that Modern Concrete & Materials may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If Modern Concrete & Materials does take any legal action against you as a result of your violation of these Terms of Use, Modern Concrete & Materials will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Modern Concrete & Materials. You agree that Modern Concrete & Materials will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
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 Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jefferson County, Texas, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. 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 Modern Concrete & Materials 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.
Modern Concrete & Materials administers and operates the modernconcretetx.com Site from its location in Beaumont, Texas USA. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Modern Concrete & Materials reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
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 Modern Concrete & Materials with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Modern Concrete & Materials with respect to such use are hereby superseded and canceled. Other than as provided in a purchase agreement you enter into with Modern Concrete & Materials, Modern Concrete & Materials will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Modern Concrete & Materials’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Modern Concrete & Materials of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Modern Concrete & Materials 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.
Any feedback you provide at this site shall be deemed to be non-confidential. Modern Concrete & Materials shall be free to use such information on an unrestricted basis.
Modern Concrete & Materials may revise these Terms of Use at any time by updating this posting.
Updated April 25, 2022
Modern Concrete & Materials
4825 Romeda Drive
Beaumont, TX 77705
Copyright © 2023 Modern Concrete & Materials, LLC. All Rights Reserved. Delivery Terms. Terms and Conditions. Privacy Policy. Website by SageMG.