Terms of Use
Agreement
Welcome to the website of Lattimore Materials Company, L.P. (“LMC”). This website is best viewed using a contemporary browser.
This is an agreement ("Agreement") between you and LMC. This Agreement governs your use of any website or webpage operated by LMC. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
Use of this website, and information distributed in conjunction with this website, including without limitation LMC’s Concrete, Aggregate and Safety News sites, is offered to you on your acceptance of these Terms of Use, our Privacy Statement policy and other notices posted on this website. Your use of this website or of any content presented in any and all areas of the website indicates your acknowledgment and agreement to these Terms of Use, our Privacy Statement policy and other notices posted on this website. If you do not agree to be bound by and comply with all of the foregoing, you may not access or use our information, services, or website. We suggest you print a copy of each of these documents for your records.
LMC OFFERS ACCESS TO AND USE OF THIS WEBSITE CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY, AND AN EXCLUSIVE REMEDY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Disclaimer of Warranties
This website is for informational purposes only and is not intended to provide specific commercial, financial, investment or legal advice. It is provided to you solely for your own personal, non-commercial use and not for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever. Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from LMC, for such personal, non-commercial use, provided it is done pursuant to the User Conduct and Obligations set forth herein.
LMC has used its best commercial efforts to obtain the most accurate and timely information available, any or all of which may be complex and subject to rapid change. Accordingly, we do not guarantee the accuracy, timeliness, reliability or completeness of any of the information contained on, downloaded or accessed from this website.
The performance of this website, any products, materials or merchandise purchased through this website (except to the extent provided otherwise by law), and all information contained on, downloaded or accessed from this website are provided to you without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. LMC shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LMC MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. LMC DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION: (l) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (ll) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (lll) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF LMC's WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
Limitation of Liability, Exclusive Remedy
IMPORTANT: As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall LMC nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if LMC or such provider has been advised of the possibility of such damages, EVEN IF LMC's OWN NEGLIGENCE OR GROSS NEGLIGENCE IS THE CAUSE OF SUCH DAMAGES, AND EVEN IF LMC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCLUSIVE REMEDY: If you are dissatisfied with this website, or if you do not agree with any part of this Agreement or LMC’s Privacy Statement, or if you have any other dispute or claim with or against LMC with respect to this Agreement, LMC’s Privacy Statement or the use or content of this website, THEN YOU MAY NOT RECOVER ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE. INSTEAD, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from: (i) breach of contract; (ii) breach of warranty; (iii) negligence or gross negligence; or (iv) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
Confidentiality of Internet Transmissions
The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail with us (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.
User Conduct & Obligations
You agree to follow all applicable laws and regulations when using this website. Furthermore, you agree that you shall not:
1. upload, post or otherwise transmit through or to this website any content that:
a. is unlawful, abusive, threatening, harmful, obscene, lewd, offensive, defamatory or otherwise objectionable;
b. might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others;
c. contains any viruses, trojan horses, time bombs, or any other harmful programs or elements;
2. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks;
3. provide false information about yourself to us, impersonate any other person, or otherwise attempt to mislead others about your identity or the origin of any content, message or other communication;
4. transmit junk mail, chain letters, or other unsolicited bulk e-mail or duplicative messages;
5. collect information about other visitors to our website without their consent or otherwise systematically extract data or data fields, including without limitation any financial data or e-mail addresses;
6. sell access to or the use of this website, including any content contained on, downloaded or accessed from this website, except as specifically permitted in writing by LMC;
7. redistribute any content provided by us in any manner whatsoever including by means of printed publication, fax broadcast, web pages, e-mail, web newsgroups or forums, or any other electronic or paper-based service or method;
8. intentionally alter the format in which data is provided by us or otherwise circumvent our regular interfaces to such data; and
9. embed or import any data provided by us into any information services (whether or not web-based), data files or application software, except as specifically permitted in writing by LMC.
By uploading, posting or otherwise transmitting through or to our website any content, you grant to us, our successors and assigns, a non-exclusive, world-wide, royalty free, perpetual, non-revocable license to use or distribute such content in any manner otherwise than as stated in our Privacy Policy. A breach of any part of LMC’s User Conduct and Obligations provisions is a material breach of this Agreement.
Indemnification
You agree to indemnify, defend and hold LMC and its affiliates, business partners, officers, directors, employees, attorneys and agents harmless from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of this website or breach of these Terms of Use. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.
Third Party Websites, Content and Products or Services
Links or pointers to other websites and references to products and services offered by third parties, if any, are provided to you for convenience only and do not constitute an endorsement or approval by us of: (i) the organizations that operate such websites; (ii) the content, privacy policies or other terms of use on such websites; or (iii) such third party products and services. As we have no control or responsibility over websites or content maintained by other organizations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk.
YOU ACKNOWLEDGE AND AGREE THAT LMC IS NOT RESPONSIBLE OR LIABLE FOR: (l) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THIS WEBSITE; (ll) ANY INCOMPATIBILITY BETWEEN THIS WEBSITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND HARDWARE; (lll) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THIS WEBSITE IN AN ACCURATE OR TIMELY MANNER; OR (lV) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS CONTAINED ON THIS WEBSITE.
Trademark, Copyright and Other Proprietary Rights
Lattimore Materials Company, L.P., LMC, La Strada, Lattimore Properties, Inc., Lattimore Management, L.P., Redbud Properties, L.P., Stringtown Materials, L.P., SCCB Leasing, Inc., Eastcape Development Corp. (Martires Development), Off The Mark Recording, L.P., Three L. Properties, Inc., all content on this website, and other information or identifying marks of or relating to LMC or its affiliates, are and shall remain the copyright(s), trademark(s) and trade name(s), and exclusive property of LMC, and any unauthorized use of these marks is unlawful. Other copyrights or trademarks on this website are the property of their respective owners.
All content on this website, including without limitation all programs, complied binaries, interface layout, interface text, documentation and graphics, is the copyrighted property of LMC and is protected by United States and international copyright law. The content on this website may be used by you only for your personal, non-commercial use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.
General and/or Miscellaneous
If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
These Terms of Use shall be governed by and construed in accordance with the laws of the Texas and the laws of the United States applicable therein, without regard to conflict of laws provisions thereto. The parties consent to the exclusive jurisdiction of the courts of, and venue in, Collin County, Texas, U.S.A.
LMC reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you.
LMC also reserves the right at all times to disclose any information LMC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in LMC's sole discretion.
LMC also shall have the right, at its sole discretion, to modify, add or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective immediately following the posting of such changes on this website. The most recent version of these Terms of Use may always be found at http://www.lmctx.com/Lattimore.aspx?cid=11. You agree to review these Terms of Use from time to time and agree that any subsequent use by you of this website following changes to these Terms of Use shall constitute your acceptance of all such changes. These Terms of Use were last modified on February 8, 2005.
