| Terms of Use
This page states the Terms and Conditions under
which you may use the Professional Asphalt Sealing and Maintenance, LLC Web Site. Please read this page carefully. If you do not
accept the Terms and Conditions stated here, do not use the Web Site.
Professional Asphalt Sealing and Maintenance, LLC may revise these
Terms and Conditions at any time by updating this posting. You should
visit this page periodically to review the Terms and Conditions,
because they are binding on you.
Section 1. Use of Material.
Professional Asphalt Sealing and Maintenance, LLC is authorized
to allow you to view and download a single copy of the material on
this Web site ("Web Site") solely for your personal, noncommercial
use. Special rules may apply to the use of certain software and other
items provided on the Web Site. Any such special rules are listed
as Legal Notices on this Web Site and are incorporated into this
Agreement by reference.
The contents of this Web Site, such as text, graphics,
images and other material ("Material"), are property of
Marc Taylor Design, LLC (Knoxville, Tennessee) unless provided by
other entities and/or individuals for the purpose of demonstration
or display on this website. All of the Material on this website is
protected by copyright under both United States and foreign laws.
Unauthorized use of the Material may violate copyright, trademark,
and other laws. You must retain all copyright and other proprietary
notices contained in the original Material on any copy you make of
the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material
in any way for any public or commercial purpose. The use of the Material
on any other Web site or in a networked computer environment for
any purpose is prohibited.
If you violate any of these Terms, your permission
to use the Material automatically terminates and you must immediately
destroy any copies you have made of the Material.
Section 2. Professional Asphalt Sealing and Maintenance,
LLC's Liability.
The Material may contain inaccuracies or typographical errors. Professional Asphalt Sealing and Maintenance, LLC makes no representations
about the accuracy, reliability, completeness, or timeliness of the
Material or about the results to be obtained from using the Web Site
and the Material. The use the Web Site and the Material is at your
own risk. Changes are periodically made to the Web Site and may be
made at any time.
PROFESSIONAL ASPHALT SEALING AND MAINTENANCE, LLC
DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT
THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER
HARMFUL GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PROFESSIONAL
ASPHALT SEALING AND MAINTENANCE, LLC IS NOT RESPONSIBLE FOR THOSE
COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS
IS"
BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PROFESSIONAL ASPHALT SEALING
AND MAINTENANCE, LLC AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY
OF FITNESS FOR PARTICULAR PURPOSE. PROFESSIONAL ASPHALT SEALING AND
MAINTENANCE, LLC AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES,
SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Disclaimer of Consequential Damages.
IN NO EVENT SHALL PROFESSIONAL ASPHALT SEALING AND MAINTENANCE, LLC,
ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE
FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROFESSIONAL
ASPHALT SEALING AND MAINTENANCE, LLC IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered
to be non-confidential. If particular Web pages permit the submission
of communications which will be treated by Professional Asphalt Sealing and Maintenance, LLC as confidential, that fact will be stated in Legal Notices
on those pages. By posting communications to the Web Site, you
automatically grant Professional Asphalt Sealing and Maintenance, LLC a royalty-free, perpetual, irrevocable nonexclusive license
to use, reproduce, modify, publish, edit, translate, distribute,
perform, and display the communication alone or as part of other
works in any form, media, or technology whether now known or hereafter
developed, and to sublicense such rights through multiple tiers
of sub licensees.
As a User, you are responsible for your own communications
and are responsible for the consequences of their posting. You must
not do the following things: Post material that is copyrighted, unless
you are the copyright owner or have the permission of the copyright
owner to post it; post material that reveals trade secrets, unless
you own them or have the permission of the owner; post material that
infringes on any other intellectual property rights of others or
on the privacy or publicity rights of others; post material that
is obscene, defamatory, threatening, harassing, abusive, hateful,
or embarrassing to another User or any other person or entity; post
a sexually-explicit image; post advertisements or solicitations of
business; post chain letters or pyramid schemes; or impersonate another
person.
Professional Asphalt Sealing and Maintenance, LLC
does not represent or guarantee the truthfulness, accuracy, or reliability
of any of communications posted by other Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on material
posted by other Users will be at your own risk.
Professional Asphalt Sealing and Maintenance, LLC
does not screen communications in advance and is not responsible
for screening or monitoring material posted by Users. If notified
by a User of communications which allegedly do not conform to this
Agreement, Professional Asphalt Sealing and Maintenance, LLC may
investigate the allegation and determine in good faith and its sole
discretion whether to remove or request the removal of the communication.
Professional Asphalt Sealing and Maintenance, LLC has no liability
or responsibility to Users for performance or nonperformance of such
activities. Professional Asphalt Sealing and Maintenance, LLC
reserves the right to expel Users and prevent their further access
to the Web Site for violating this Agreement or the law and the right
to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links
are provided solely as a convenience to you and not as an endorsement
by Professional Asphalt Sealing and Maintenance, LLC of the
contents on such third-party Web sites. Professional Asphalt Sealing and Maintenance, LLC for the content of linked third-party sites and does not
make any representations regarding the content or accuracy of materials
on such third party Web sites. If you decide to access linked third-party
Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web
Site ("Software") is protected by copyright and may be
protected by other rights. The use of such software is governed
by the terms of the software license agreement or designated Legal
Notice accompanying such software ("License Agreement").
The downloading and use of such software is conditioned on your
agreement to be bound by the terms of the License Agreement.
Section 7. Limitation of Liability.
Unless otherwise expressly provided in a Software License or Legal
Notice, the aggregate liability for Professional Asphalt Sealing and Maintenance, LLC to you for all claims arising from the use of the Materials
(including Software) is limited to $100.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless Professional Asphalt Sealing and Maintenance, LLC, its officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material (including
Software) or your breach of the terms of this Agreement. Professional Asphalt Sealing and Maintenance, LLC shall provide notice
to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit
or proceeding.
Section 9. Export Control.
The United States controls the export of products and information.
You agree to comply with such restrictions and not to export or
re-export the Materials (including Software) to countries or persons
prohibited under the export control laws. By downloading the Materials
(including Software), you are agreeing that you are not in a country
where such export is prohibited or are a person or entity to which
such export is prohibited. You are responsible for compliance with
the laws of your local jurisdiction regarding the import, export,
or re-export of the Product.
Section 10. User Information.
Professional Asphalt Sealing and Maintenance, LLC may use the
information it obtains relating to you, including your IP address,
name, mailing address, email address and use of the Web Site, for
its internal business and marketing purposes and may disclose the
information to third parties for such purposes.
Section 11. General.
This Web Site is based in Knoxville, Tennessee. Professional Asphalt Sealing and Maintenance, LLC makes no claims the Materials are appropriate or may be
downloaded outside of the United States. Access to the Materials
(including Software) may not be legal by certain persons or in certain
countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. This Agreement is governed by
the internal substantive laws of the State of Tennessee, without
respect to its conflict of laws principles. If any provision of this
Agreement is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of this Agreement, which shall remain in
full force and effect. No waiver of any term of this Agreement shall
be deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in a particular Legal Notice or
Software License or material on particular Web pages, this Agreement
constitutes the entire Agreement between you and Professional Asphalt Sealing and Maintenance, LLC with respect to the use of Web
Site. Any changes to this Agreement must be made in writing, signed
by an authorized representative of Professional Asphalt Sealing and Maintenance, LLC. |