1. This Web site is owned by and under the control of Thelen Sand and Gravel, Inc. ("THELEN"). Access to and use of this Web site and all of THELEN’s content, services, materials, information, databases and systems are subject to these Disclaimers and Notices, any Agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, THELEN may (a) supplement or make changes to these Disclaimers and Notices and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of THELEN’s system equipment, facilities or software, or (c) modify or withdraw any particular service or product referred to in this Web site or any THELEN database, material, service or system. THELEN reserves the right to terminate access to this Web site or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers. Any access or attempt to access or use this Web site for any unauthorized or illegal purpose is strictly prohibited.
2. This Web site is provided without charge as a convenience to visitors to be used for the purposes of information, education and communication. While THELEN's information and advice contained in this Web site have been prepared and compiled from sources believed to be reliable, THELEN makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations. THELEN does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Web site, nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Web site or any THELEN service, database, materials or system. You hereby acknowledge that any reliance upon any information or materials shall be at your sole risk. THELEN reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Web site or any THELEN service, database, materials or system at any time, with or without notice to you.
3. Without THELEN's prior written consent, which consent may be given or withheld in THELEN's sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any THELEN information, services or database, or any part or parts thereof or information contained therein, or any access thereto; (b) use your access to this Web site or THELEN's information, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations; (c) use this Web site or any THELEN information, services, database or system which you access in violation of, or post any information to any THELEN owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; (d) copy or transfer any THELEN information, service, database or documentation, except as permitted by THELEN; or (e) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of THELEN's databases or system, or the selection, coordination or arrangement of products or services in any THELEN database.
4. Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to THELEN through this Web site is deemed non-confidential and is the exclusive property of THELEN. THELEN is entitled to use any information or ideas submitted for any purpose without restriction and without compensation or acknowledgement of its source.
5. No person may establish Hyperlinks either to this Web site or away from this Web site without the prior written consent of an appropriate THELEN officer, which consent may be given or withheld in THELEN's sole discretion. In its sole discretion, THELEN reserves the right to remove a Hyperlink to this Web site or away from this Web site at any time and for any reason. Contact THELEN at email@example.com to obtain this consent. All Hyperlinks approved shall be to the home page of this Web site. Framing at this Web site is expressly prohibited.
6. THELEN advises you to exercise discretion while browsing this Web site and the Internet. In addition, Hyperlinks on this Web site may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Web sites may not be under the control of THELEN and THELEN does not make any representations concerning any such Web sites which you may access via a Hyperlink from this Web site, and accordingly THELEN is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible via a Hyperlink to or from this Web site or for the Hyperlink itself. THELEN is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Web site is not and should not imply any endorsement by THELEN of such linked Web sites.
7. ALL INFORMATION OR CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PAR¬TICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. THELEN DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY THELEN SERVICE, DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY THELEN, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL THELEN HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEB SITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY THELEN INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE THELEN WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, THELEN DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING THELEN‘S WEB SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
9. YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS WEB SITE OR ANY THELEN INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE OR DATA OF OR ANY OTHER USER OF THE THELEN INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THELEN AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.
10. NEITHER THELEN NOR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEB SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE, OR ANY THELEN INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY THELEN THROUGH THIS WEB SITE, ANY INFORMATION PROVIDED IN THE THELEN SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEB SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT THELEN IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
11. If any part or parts of these Disclaimers and Notices are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Disclaimers and Notices affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Web site, the THELEN information, content, services or other materials, and any and all other matters between THELEN and you related hereto, shall be governed by applicable United States federal law and the laws of the State of Illinois, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Web site or any THELEN information, content, service or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to this Agreement shall be in the state and federal courts situated in Chicago, Illinois.
12. You agree to comply with all applicable export laws, regulations and restrictions. Information THELEN places on or makes available through this Web site may contain references or cross references to THELEN or third party products, programs and services that are not announced or available in your country. Such references do not imply that either THELEN or such third party intends to announce or make available such products, programs or services in your country. Consult THELEN or the applicable third party for information regarding any such products, programs or services. This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
13. Any software which is downloaded from this Web site or other THELEN system or service for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subpara¬graphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
14. If the user has any questions regarding this Web site or its contents, or these Disclaimers and Notices, contact THELEN at firstname.lastname@example.org. © 2009 Thelen Sand and Gravel, Inc. All Rights Reserved.