Terms & Conditions of Use

AGREEMENT BETWEEN USER AND McGEORGE CONTRACTING COMPANY

The McGeorge Contracting Company Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the McGeorge Contracting Company 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.

MODIFICATION OF THESE TERMS OF USE

McGeorge Contracting Company reserves the right, without notice to you, to change or revise the terms, conditions, and notices under which the McGeorge Contracting Company 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 McGeorge Contracting Company Web Site may contain links or references to other web sites and resources ("Linked Sites"). McGeorge Contracting Company makes no representations or warranties whatsoever about any Linked Sites. The Linked Sites are not under the control of McGeorge Contracting Company and McGeorge Contracting Company 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. McGeorge Contracting Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, sponsorship, or recommendation by McGeorge Contracting Company of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the McGeorge Contracting Company Web Site, you warrant to McGeorge Contracting Company that you will not use the McGeorge Contracting Company Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the McGeorge Contracting Company Web Site in any manner which could damage, disable, overburden, or impair the McGeorge Contracting Company Web Site or interfere with any other party's use and enjoyment of the McGeorge Contracting Company 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 McGeorge Contracting Company Web Sites.

MATERIALS PROVIDED TO McGEORGE CONTRACTING COMPANY

In the event you elect to respond to McGeorge Contracting Company with information, feedback, date, questions, suggestions, comments or the like regarding the content of this Site, (collectively "Submissions"), the content of any Submissions shall be deemed not to be confidential and you grant to McGeorge Contracting Company an unrestricted, irrevocable, perpetual, and royalty-free license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, and distribute your Submission to others, without limitation or compensation, provided McGeorge Contracting Company will comply with the terms of its Privacy Policy posted on this site.

DISCLAIMERS

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE McGEORGE CONTRACTING COMPANY WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. McGEORGE CONTRACTING COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE McGEORGE CONTRACTING COMPANY WEB SITE AT ANY TIME. INFORMATION RECEIVED VIA THE McGEORGE CONTRACTING COMPANY 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.

McGEORGE CONTRACTING COMPANY 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 McGEORGE CONTRACTING COMPANY 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. McGEORGE CONTRACTING COMPANY 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. McGEORGE CONTRACTING COMPANY 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

BY ACCESSING THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY IN CONNECTION WITH YOUR USE OF THIS WEB SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL McGEORGE CONTRACTING COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, PERFORMANCE OR SECURITY OF THE McGEORGE CONTRACTING COMPANY WEB SITE, WITH THE DELAY OR INABILITY TO USE THE McGEORGE CONTRACTING COMPANY WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE McGEORGE CONTRACTING COMPANY WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE McGEORGE CONTRACTING COMPANY WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF McGEORGE CONTRACTING COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE McGEORGE CONTRACTING COMPANY WEB SITE, THE PRIVACY POLICY OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE McGEORGE CONTRACTING COMPANY WEB SITE.

TERMINATION/ACCESS RESTRICTION

McGeorge Contracting Company reserves the right, in its sole discretion, to terminate your access to the McGeorge Contracting Company 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 McGeorge Contracting Company Web Site. Use of the McGeorge Contracting Company 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 McGeorge Contracting Company as a result of this agreement or use of the McGeorge Contracting Company Web Site. McGeorge Contracting Company’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of McGeorge Contracting Company’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the McGeorge Contracting Company Web Site or information provided to or gathered by McGeorge Contracting Company with respect to such use.

INDEMNITY

AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS McGEORGE CONTRACTING COMPANY 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 CIOLATIONS, 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.

SEVERABLILTY

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.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and McGeorge Contracting Company with respect to the McGeorge Contracting Company Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and McGeorge Contracting Company with respect to the McGeorge Contracting Company Web Site.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the McGeorge Contracting Company 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 McGeorge Contracting Company. Any rights not expressly granted herein are reserved.

TRADEMARKS

Certain names, logos, designs, titles, words, or phrases within this Web Site are trademarks, service marks, or tradenames of McGeorge Contracting Company and may not be used without the prior written permission of McGeorge Contracting Company. McGeorge Contracting Company claims no interest in marks owned by other entities not affiliated with McGeorge Contracting Company which may appear on this Web Site. Any rights not expressly granted herein are reserved.

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