North American Aggregates, LLC Website Terms of Use
Welcome to the North American Aggregates, LLC website. These Terms of Use (“Terms”) are a contract between You (“You” or “Your”) and North American Aggregates, LLC including its successors, subsidiaries, and affiliates (collectively “North American,” “Company,” “We,” “Us,” or “Our”), with regard to the access and use of Our website and its component pages, content, and/or online services made available through the website (collectively, the “Site”). Any references to North American shall include, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of North American. Please read these Terms fully and carefully before accessing and using Our Site.
1. Use.
a) Acceptance. By clicking the box to accept these Terms, and/or by accessing and using Our Site, You accept and agree to be legally bound by these Terms and all prospective amendments to these Terms, including Our Privacy Policy. This agreement is made by You, just as if it had been made in writing. If You do not agree to these Terms, do not use this Site or any of Our features, products, or services within the Site.
b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to Our Site constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of any amendments or new terms through Our posting of such amendments or new terms on the Site. Please review the Terms periodically so You are aware of any amendments.
c) Additional Terms. Although You are always bound by the Terms, in using additional features, products, or services You may be bound by and subject to additional terms, including but not limited to Frequently Asked Questions (“FAQs”), guidelines, and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Site, unless expressly stated. Any and all additional terms are incorporated within these Terms by reference.
d) Capacity. This Site is designed for use by businesses and their employees working and contracting with North American. It is intended as a service for adults ages eighteen (18) and over. We will assume (and by using this Site You warrant that) You have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient age and mental capacity, and are otherwise entitled to legally bind You and the business entity You represent with regard to these Terms.
2. North American Account.
a) Login. Our Site may contain account login features. These features allow You to communicate with North American and to provide the Company with information to facilitate a business relationship. We reserve the right to determine, in Our sole discretion and without notice, any features, products, or services offered as part of the Site.
b) Eligibility; Account Information. In order to create an account, You must be at least eighteen (18) years of age and complete the registration process by providing North American with complete, current, and accurate information as requested in Our Site registration form. By creating an account, You agree to provide true, accurate, and current data in connection with that account. Any usernames and passwords used for this Site are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password You use to access Your account. You agree to notify North American immediately of any unauthorized use of Your username, password, or account, or any other breach of security. We are not liable for any loss that You may incur as a result of someone using Your username, password, or account, either with or without Your knowledge.
THIS SITE IS NOT AVAILABLE TO PERSONS OUTSIDE THE UNITED STATES, AND THESE TERMS APPLY ONLY TO PERSONS WITHIN THE UNITED STATES. THIS SITE IS ALSO NOT AVAILABLE TO ANY PERSONS SUSPENDED OR REMOVED FROM THE SITE BY NORTH AMERICAN. IN USING THIS SITE, YOU REPRESENT THAT YOU ARE A RESIDENT OF THE UNITED STATES WHO HAS NOT BEEN SUSPENDED OR REMOVED FROM THE SITE. PERSONS CHOOSING TO ACCESS THIS SITE DO SO AT THEIR OWN DISCRETION AND INITIATIVE, AND ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS, ALL LOCAL LAWS AND RULES, INCLUDING WITHOUT LIMITATION, SUCH LAWS AND RULES REGARDING THE INTERNET, DATE, EMAIL, ELECTRONIC MESSAGES, PRIVACY, AND SECURITY.
c) Length. Your account will remain active until You request to cancel Your account or North American, in its sole discretion, cancels Your account.
d) Use. The Site and its contents are for Your personal and business use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services, or features obtained from the Site without Our prior written consent. Your account may not be assigned or transferred to any other person or entity. You may not provide any other person or entity with access to Your account, either directly or indirectly.
e) Unavailability. Your access to the Site and Your account may be unavailable or interrupted from time to time for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Site or Your account, or any of the consequences from such interruptions.
f) Right to Refuse. North American reserves the right to refuse or revoke service or access to the Site to You or any user at any time for any reason in Our sole discretion.
3. Termination; Modification.
Without any further notice and at any time, You understand and agree that North American may terminate, cancel, deactivate, and/or suspend Your access to the Site and to Your account, including any and all of Your communications, activities, data, inputs, or any other information or material in any form. North American reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Site, including Your account. You understand, acknowledge, and agree that Your sole right regarding the termination or modification of Your account or the Site is to cancel Your account and to stop using the Site. To cancel Your account, email [email protected]. Any attempt to change or modify these Terms must be acknowledged and consented to by an executive officer of North American in writing.
4. Privacy.
Your privacy is important to North American. By using this Site, You agree to the collection and use of Your information within the terms of Our Privacy Policy. Please review Our Privacy Policy regularly for more information.
5. Monitoring.
North American may, but has no obligation to, monitor the use of the Site by You and other users. During monitoring, any information relating to any user or their respective activities on the Site may be examined, recorded, copied, and used for authorized purposes in accordance with these Terms and Our Privacy Policy. Furthermore, North American reserves the right at all times to disclose any information provided on any portion of the Site as necessary to satisfy any law, regulation, or governmental request, or to refuse to post, or to remove, any information or materials, in whole or in part, that in North American’s sole and absolute discretion finds objectionable or in violation of these Terms.
6. Conduct And Acceptable Use.
The following rules are a condition of Your use of and access to the Site. You are responsible for the content of Your communications and representations via the Site, and those communications and representations made in Your account via the Site.
We may require, at any time, proof that You are following these rules. We reserve the right to take, or refrain from taking, any and all steps available to the Company, including suspending or terminating Your access to the Site or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Site, You represent the following:
• You will not interfere with any other user from using or enjoying the Site; • You will not use the Site to threaten, abuse, harass, or invade the privacy of any person; • Any content or materials You submit to North American will be accurate, appropriate, and lawful; • You will not damage Our Site or Our servers, nor attempt to decompile, reverse engineer, disassemble, attempt to derive source code, or decrypt any software used to operate the Site; • You will not attempt to gain unauthorized access to other accounts, computer systems, or networks connected to the Site or use the Site in any way for an inappropriate or unlawful purpose; • You will not collect or use personal information from anyone on this Site without North American’s prior written permission; • You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way; and • You will not use the Site, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so, or for any purpose for which the Site is not intended.
Violations of these provisions will be determined by North American in its sole discretion.
7. User Submissions And Content.
The Site may provide certain features that permit You and other users to submit content or information, which may include text, pictures, videos, messages, suggestions, materials, works of authorship, ideas, or concepts (“User Content”). At times, this content may be shared by You or North American.
You represent that any business information You submit or save using the Site is owned or controlled by You and that You hereby grant North American a non-exclusive, royalty-free, perpetual, worldwide license to use such business information solely in accordance with the business purpose of the Site, these Terms, and the Privacy Policy. User Content shall become, and remain, the property of North American, unless otherwise agreed in writing by an executive officer of North American. You agree that any User Content, in whole or in part, may be used by North American for any purpose including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media. You additionally agree that North American is free to use any ideas, concepts, techniques, or know-how contained in any User Content You transmit via the Site for any purpose whatsoever including but not limited to developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate You or anyone else for them.
By submitting such User Content, You are assigning and transferring any and all right, title and interest in User Content to North American, including any moral rights. You represent and warrant that User Content does not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person’s name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of North American submit any materials which contains advertising or any solicitation with respect to products or services. North American shall have the right, in its sole discretion, to edit or remove any material portion of User Content, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.
8. Ownership; Proprietary Rights.
All Site content and materials including, but not limited to, articles, other text, logos, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned, licensed, or controlled by North American or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of North American and protected by United States and international copyright laws. Except as expressly authorized by North American, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of all North American content and materials.
9. Third-Party Sites, Products, & Services; Links.
The Site may contain links to third party websites and applications (“Third-Party Sites”).
NORTH AMERICAN IS NOT RESPONSIBLE FOR THIRD-PARTY SITES AND THEIR CONTENT. THE THIRD-PARTY SITES ARE NOT CONTROLLED BY NORTH AMERICAN. ACCORDINGLY, NORTH AMERICAN MAKES NO WARRANTIES OR CONDITIONS REGARDING SUCH THIRD-PARTY SITES, HAS NO RESPONSIBILITY FOR THE CONTENTS OF SUCH THIRD-PARTY SITES, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON SUCH THIRD-PARTY SITES. YOUR USE OF THIRD-PARTY SITES IS AT YOUR OWN RISK. THE INCLUSION ON THE SITE OR OTHER SERVICE OF A LINK TO A THIRDPARTY SITE DOES NOT IMPLY AN ENDORSEMENT BY NORTH AMERICAN. WHEN YOU ACCESS ANY OF THESE THIRD-PARTY SITES, PLEASE UNDERSTAND THAT IF YOU VISIT THIRD-PARTY SITES, THEN YOUR RIGHTS AND OBLIGATIONS WHILE ACCESSING AND USING THOSE SITES WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THOSE SITES.
10. Disclaimer; No Warranties; Limitation On Liability And Damages.
SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION, NORTH AMERICAN AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE, CONTENT, OR USER CONTENT FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, NORTH AMERICAN AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
YOU ALSO SPECIFICALLY AGREE THAT NORTH AMERICAN IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE SITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT NORTH AMERICAN AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AND/OR MAY DISCONTINUE ANY PART OF THE SITE AT ANY TIME.
ALSO SUBJECT TO THE FINAL PARAGRAPH OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL NORTH AMERICAN AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN NORTH AMERICAN’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND TERMINATE YOUR ACCOUNT.
NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION SHALL BE UNDERSTOOD TO LIMIT NORTH AMERICAN’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NORTH AMERICAN’S OWN NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT OR FOR ANY DAMAGES CAUSED BY NORTH AMERICAN’S FAILURE TO EMPLOY REASONABLE DATA SECURITY PRACTICES AS SET FORTH IN OUR PRIVACY POLICY.
11. Indemnification; Hold Harmless.
You agree to indemnify and hold North American, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of North American harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any terms or conditions contained in these Terms.
12. Dispute.
These Terms, including Our Privacy Policy, are governed by the laws of the State of New Jersey, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under this agreement shall lie exclusively with the state or federal courts within Newark, New Jersey. If any provision of the Terms are 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 these Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
13. Assignment.
North American may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
14. Severability.
If any provision of these Terms, including the Privacy Policy, is found invalid, illegal, or unenforceable by any court of competent jurisdiction, the remaining provisions shall remain in full force and effect, as shall this agreement, as if such invalid, illegal, or unenforceable provisions had never been a part of these Terms.
15. Survivability.
Sections 4, 7, 8, 11, 12, 13, 14, 16, 18, 19, and 20 shall survive any termination of this agreement.
16. Headings.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
17. Entire Agreement.
These Terms, including the Privacy Policy, represent the entire agreement between North American and You regarding the subject matter of these Terms. These Terms cancel and supersede all prior understandings between North American and You regarding the rights herein. No provision of these Terms shall be modified or amended except as expressly stated within the Terms.
18. No Waiver.
NO WAIVER OF ANY OF THESE TERMS BY NORTH AMERICAN IS BINDING UNLESS AUTHORIZED IN WRITING BY AN EXECUTIVE OFFICER OF NORTH AMERICAN. IF NORTH AMERICAN WAIVES A BREACH OF ANY PROVISION OF THE TERMS, ANY SUCH WAIVER WILL NOT BE CONSTRUED AS A CONTINUING WAIVER OF OTHER BREACHES OF THE SAME NATURE OR OTHER PROVISIONS OF THE TERMS AND WILL IN NO MANNER AFFECT THE RIGHT OF NORTH AMERICAN TO ENFORCE THE SAME AT A LATER TIME.
19. Children’s Online Privacy Protection Act (“COPPA”) Notification.
This Site is not designed or intended for use by children under the age of eighteen (18). Pursuant to 47 U.S.C. Section 230(d) as amended, North American hereby notifies You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation website, http://www.eff.org.
20. Digital Millennium Copyright Act.
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site or application are covered by a single notification, a representative list of such works at that site or application;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
21. Contact.
If You have any questions about these Terms, including Our Privacy Policy, please contact North American at:
Email: [email protected]
Address: 4 Commerce Drive Cranford, New Jersey 07016
Phone: (908) 956-6715
Last Updated: May 2017