Statewide Materials Transport, Ltd.- Terms of Use

Welcome to Statewide Materials Transport, Ltd.

Terms of Use

Statewide Materials Transport, Ltd. Terms of Use

This document was last updated on November 1st, 2018.

General

Your use of the Statewide Materials Transport, Ltd. (the "Company") Website (the "Site") constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein (the "Terms and Conditions"). If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. These Terms and Conditions of use are subject to change from time to time without notice. Your use of the Site following any change constitutes your agreement to be bound by the terms and conditions then in effect.

Use License

The Company grants you the non-exclusive permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement.

As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If you breach any of these Terms and Conditions, your authorization to use this Site automatically terminates, and you must immediately cease use of the Site, including any materials that you may have previously printed.

Copyrights

The Site, and all materials on this Site, including photographs, designs, illustrations, images and text are the copyrighted property of the Company and its affiliates, or third party content providers. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products and services or services from this Site. For purposes of these Terms and Conditions, any use of the materials contained on this site or any other website or for any other purposes except as provided in the Use License is expressly prohibited.

Trademarks

The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site (including but not limited to Statewide and the Statewide Logo) are registered and unregistered trademarks of the Company and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. The Company aggressively enforces its intellectual property rights to the fullest extent of the law. The Company name may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from the Company. The Company prohibits use of any links to the site unless establishment of such a link is approved in advance by The Company in writing. Fair use of the Company's Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners, and should not be used without the permission of the trademark owner.

Products and services

The products and services displayed on this Site are only available to customers in the US who sign a separate written agreement with respect to the use of such products and services. The Company is not responsible for any errors in pricing or product and service descriptions, including typographical errors. The Company reserves the right to change its prices for its products and services from time to time.

Links to Third Party Sites

This Site may contain links to sites owned or operated by parties other than the Company. Such links are provided for your reference only. The Company does not control outside sites and is not responsible for their content. The Company's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does inclusion of the links imply that the Company is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Feedback

Any comments or feedback you provide to the Company regarding the Site or the Company's products or services are deemed to be non-confidential. This includes suggestions, ideas, comments or other submissions to the Company, whether through the Site or otherwise. The Company shall be free to use such comments or feedback on an unrestricted basis, without compensation to you. You agree that no comments or feedback submitted by you to the Company will violate the rights of any third parties, including copyright, trademark, patent, privacy or other personal or proprietary rights.

Disclaimers of Warranties /Limitation of Liability

While the Company uses reasonable efforts to confirm the reliability and accuracy of information on the Site, there is no guaranty that such information is accurate, and therefore all information is provided on an "as is" basis.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR THE PRODUCTS AND SERVICES OR SERVICES ASSOCIATED WITH THIS SITE, OR THE SUITABILITY OF THE CONTENT, PRODUCTS OR SERVICES ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE) OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE COMPANY, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY'S LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW

Indemnification

You agree to defend, indemnify, and hold the Company, its officers, directors, managers, members, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Contacting Us

If you have any questions about this agreement, please call us at (512) 279-7625 or send us an e-mail at legal@statewidematerials.com. Although the Company will in most circumstances be able to receive your e-mail or other information provided through this Site (including, without limitation, service requests and other submissions), the Company does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that the Internet e-mail typically is not secure.

Jurisdiction and Governing Laws

You agree that this agreement and your use of this Site are governed by the laws of the State of Texas, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Travis County, Texas, USA in all disputes arising out of, relating to, or in any manner concerning this Site and/or this agreement. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Company has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, 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 govern such use.

Arbitration

Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Austin, TX, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.

Miscellaneous

You agree that the Company may at any time and without notice change the terms, conditions and notices under which this Site is offered. The Company reserves the right in its sole discretion to deny access to the Site or any portion thereof to any person or user without notice.

You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this agreement or your use of this Site.

The Company's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the Company's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by the Company with respect to such use.

This agreement and the Company Privacy Policy constitutes the entire agreement between you and The Company with respect to this Site. This agreement and the Company Privacy Policy supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. No modification of this agreement shall be effective unless it is authored by the Company or its affiliates, or unless it is physically signed by a Company officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by the Company in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by the Company in printed form.

Privacy Policy

Statewide Materials Transport, Ltd. Privacy Policy

Thank you for visiting our site. At Statewide Materials Transport, Ltd. (the "Company"), we are committed to protecting the privacy of our online customers and visitors as we are committed to protecting the privacy and security of any information we collect through our Web Site, www.statewidematerials.com (including all subpages thereto, the "Site"). We have prepared this Privacy Policy to highlight our commitment to your privacy and to inform you as to how we will use the information you entrust to us in connection with the services provided by the Company (the "Services"). By using or accessing the Site or the Services, you are agreeing to the terms of this Privacy Policy, as amended from time to time. If you have objections to the Privacy Policy, you should not access or use the Site nor should you sign up for the Services.

General Information

In general, you can visit the Site on the World Wide Web without telling us who you are or providing us with any personally identifiable information. However, we collect the domain names (not the email addresses unless you choose to provide your email address to us) of all visitors to our Site to measure the number of visits, pages visited, average time spent on our Site, etc. We use this information to continually improve the convenience and functionality of our Site.

We may also may conduct online surveys to better understand the needs and profiles of our visitors and to measure the interest of our visitors in the features of our Site.

We may tailor our offers to you based on information you provide to us. With your consent, the Company may also share your email address with other reputable companies so that they can send you product and service offers that may be of interest. You will be offered an opportunity to restrict access to your email address if you object to the use of your email address by any party other than the Company. Unless it is specifically stated otherwise, when you are asked for information on our Site, you are agreeing to share that information with the Company and its affiliates.

Information Collection and Use

When you sign up for the Services you will be asked to provide us with certain information to provide us with billing and user information, and to allow us to tailor our products and services (together, "Your Information"). Unless it is specifically stated otherwise, when you are asked for Your Information on our Site, you are agreeing to share that information with the Company and its affiliates.

Limited Information Sharing with Third Parties

The Company is committed to protecting your privacy. We will only share Your Information with third parties in accordance with your instructions and in order to provide you specific services.

We may share aggregated and anonymous demographic information with our business partners but no such information can be linked directly to Your Information.

Although we will use every reasonable effort to preserve your privacy, we may need to disclose Your Information, including personally identifiable information, when required by federal, state local or other governmental regulations or laws. In such cases, we will use reasonable efforts to disclose only the information required by law enforcement personnel.

Cookies

Our Site uses a technology called "cookies" which may be used to provide you with tailored information. A cookie is a tiny element of data that a Web site can send to your browser, which may then be stored on your hard drive so we can recognize you when you return. All pages on the Site where you are prompted to log-in or that are customizable require that you accept cookies. These cookies (a) will let us know who you are and (b) are necessary to access your account information (stored on our computers ) in order to deliver products and personalized services. You may set your browser to notify you when you receive a cookie, however please note that by not accepting cookies from the Company, you will limit the functionality we can provide when you visit our Site.

Third-Party Websites

Our Site may include links to other third party Web sites. While we try to link to sites that share our high standards and respect for personal privacy, however, the Company is not responsible for the content or the privacy practices employed by any third party.

Change in Ownership and Other Business Transaction

In the event the Company goes through a business transition, such as a merger, acquisition or the sale of all or substantially all of its assets (a "Business Transition"), Your Information will, in most instances, be part of the assets transferred. In such event, the Company's custody of Your Information will be transferred subject to all the terms and restrictions in this Privacy Policy.

Following a Business Transaction, the Company or its successors will continue to use Your Information in accordance with the Privacy Policy under which the information was collected. If, however, we plan to use Your Information in a manner different from that stated at the time of collection we will notify you via email and/or through a notice on our Web site and any other appropriate methods. You will have a choice as to whether or not we use Your Information in this different manner. Whether or not you wish to have Your Information used in this different manner, you will retain ownership rights to Your Information and the ability to delete Your Information at any time.

Amendment of Privacy Policy

The Company will occasionally update this Privacy Policy. You can determine when the Privacy Policy was last updated by looking at the "last update" date at the bottom of the policy. If there are material and substantial changes to this Privacy Policy, we will note these changes through a prominent notice on the Site.

Security

Unfortunately no data transmission can be guaranteed to be 100% secure. While we strive to protect Your Information, we cannot warrant the security of the information provided to us online. However, once we receive your information, we will do our best to ensure that our systems are functioning properly and will use reasonable and customary efforts to protect that information.

California Residents

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits users of our Site and Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to legal@statewidematerials.com

If you have any questions about our Privacy Policy, please call the Site Administrator, at (512) 279-7625 or send an email to legal@statewidematerials.com or write to us at PO Box 1080 - Manor, Tx 78653. Although we will in most circumstances be able to receive your email or other information provided through this Site, we do not guarantee that we will receive all such email or other information timely and accurately, and we are not legally obligated to read, act on, or respond to any such email or other information.