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ACME BRICK COMPANY
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS WEBSITE. BY ACCESSING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH ON THIS PAGE.
Introduction. Thank you for visiting our Websites. To better serve you, Acme Brick Company and its subsidiaries and divisions ("Acme") offer several different websites which provide particular information regarding products and services available from these companies. These websites include, but are not limited to Acme Brick Company, brick.com; Featherlite Building Products, featherlitetexas.com; Innovative Building Products (IBP), ibpglassblock.com; Jenkins Brick, jenkinsbrick.com; Texas Quarries, texasquarries.com; etc. (each referred to as the "Site" or collectively as "Sites"). In return for granting you access and use of each of these Sites, you agree to be bound by the terms and conditions of use ("Terms") set forth in the following pages and on each Site, so please carefully review before proceeding. If you do not agree to be legally bound by Terms, discontinue your use and do not access or use the Sites.
1. Intellectual Property Rights. Unless otherwise noted, all information and content appearing on each Site (i.e., graphics, organization, design, formatting, articles, data, text, images, software, codes, passwords, screens, text, user names, web pages, other materials, etc.) (collectively "Content") are the exclusive property of Acme or used by permission of others and are protected under applicable copyrights, proprietary and other intellectual property rights, laws and/or treaties ("Intellectual Property Rights"). The trademarks, logos, service marks, trade names, trade dress and certain elements displayed on the Site (collectively "Trademarks") are registered and unregistered Trademarks of Acme or others used with permission and are also protected. The Intellectual Property Rights and Trademarks Laws ("Laws") expressly prohibit any modification, redistribution, copying, reproduction or unauthorized use (in whole or in part), and such actions could result in civil and criminal action or penalties.
2. Limited Right to Use. Sites are intended to provide you information and tools with regard to Acme's products and services. Certain portions of the Sites allow you to view these products and services and may be printed or downloaded for your personal use in connection with your purchase of products from Acme. The viewing, printing or downloading of Content from a Site does not transfer title to you, but does grant you a limited, nonexclusive license for use solely by you for your own personal use in connection with the purchase of products from Acme and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal non-commercial use without Acme's express written consent. All information printed and/or downloaded must continue to note the appropriate copyright, Trademark and proprietary notices.
3. Your Representations and Warranties. By using the Sites, you represent, warrant and agree that: (i) your use of the Sites will not violate any law in any applicable jurisdiction, including, but not limited to United States export controls; (ii) you will not engage in any conduct that will impede, impair, alter or interfere with the functioning of the Sites; (iii) you agree to be bound by and abide by all of Terms and other provisions in any of the Sites before accessing or using any Site; and (iv) you are at least eighteen (18) years of age and/or of the legal age and competence to legally enter into an agreement in your jurisdiction, and (v) you will supervise all minors who may enter Sites through a portal you control so as to limit information that might be collected from a child.
4. Limitations on Your Use. Your right to access and use Sites is further limited and conditioned by the restrictions in this Section. You agree that you will not Misuse the Sites. "Misuse" includes, but is not limited to, access or use of the Sites to do any of the following:
Acme forbids such Misuses, and access of the Sites for any such Misuses or other similar purposes is an unauthorized use of the Sites and prohibited.
5. Indemnification. You acknowledge and agree that you are personally responsible for your conduct while using the Sites and agree to indemnify, defend and hold harmless Acme, its officers, directors, employees and agents from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to reasonable attorneys' fees) that Acme may incur in connection with all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), arising out of or resulting from your use of any of the Sites, including without limitation (i) your use of or conduct on the Sites; (ii) the use of the Sites by anyone using your Password; (iii) your violation of Terms; or (iv) your violation of the rights of any third party (including, but not limited to privacy rights). Your obligations under this paragraph shall survive termination of the Terms and the Sites.
6. No Warranty by Acme and Limitation of Liability. Acme has attempted in these Sites to provide you with quality information and tools to assist you in your selection of Acme's products and services. However, the Sites and their Content may contain inaccuracies, omissions, and/or typographical errors. Websites have limitations that cannot be overcome. Electronic, photographed and printed images cannot be guaranteed to thoroughly represent the color, texture, qualities or general appearances of all of Acme's products. What you actually see on Sites may differ from those products as they appear in real life. In addition, many of Acme's products are made from natural elements, resources and materials which vary from one piece to another and offer a unique element to your project. The products you actually receive may vary from those displayed on Sites and even samples you may view. Because Acme provides services and products in many parts of the United States, the Sites may refer to certain goods, products, and/or services that are not available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Acme offers or intends to offer those goods, products, and/or services in all locations. Not all of the products or services described on the Sites are available in all geographic areas. Therefore, you may not be eligible for all the products or services described. Acme reserves the right to determine your eligibility for any product or service. Before purchasing any products seen on these Sites, please go to one of the many Acme locations or other authorized dealers which are listed on this Nearest Location Page of this Site. It is always best to contact one of Acme's many fine employees to insure you are getting the most current information about its products and services.
AS AN EXPRESS CONDITION PRECEDENT TO THE USE OF SITES, YOU AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK AND THAT THE SITES (INCLUDING ALL CONTENT) ARE PROVIDED "AS IS", WHERE-IS", AND "AS AVAILABLE". ACME IS NOT PROVIDING ANY WARRANTIES AND DOES HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY; NON-INFRINGEMENT OF THIRD PARTY RIGHTS; ACCURACY OR COMPLETENESS OF CONTENT; FREEDOM FROM ERRORS, OMISSIONS, VIRUSES OR OTHER HARMFUL CODE; OR FITNESS FOR ANY PARTICULAR PURPOSE. FURTHER, YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL ACME BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN SITES, OR FOR THE INCOMPATIBILITY BETWEEN SITES AND FILES AND THE USER'S BROWSER OR OTHER SITES ACCESSING PROGRAM. NOR WILL ACME BE LIABLE FOR ANY OTHER PROBLEMS EXPERIENCED BY THE USER DUE TO CAUSES BEYOND ACME'S CONTROL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACME THROUGH THE SITES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THE TERMS.
IN NO EVENT SHALL ACME OR ITS AFFILIATES BE LIABLE FOR AND YOU HEREBY WAIVE ANY RIGHT TO RECOVER ANY DAMAGES (WHETHER CONSEQUENTIAL, LOST PROFITS OR OPPORTUNITIES, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ACCESS AND/OR THE USE OF OR INABILITY TO USE SITES OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, STRICT LIABILITY, STATUTORY DUTY, PRODUCT LIABILITY, TORT (INCLUDING NEGLIGENCE OF ACME OR ITS EMPLOYEES OR AFFILIATES) ERRORS, OMISSIONS OR INACCURACIES IN CONTENT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER ACME WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. SITES AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING ACME'S RESPONSIBILITIES AND OBLIGATIONS TO YOU IN ACCORDANCE WITH OTHER APPLICABLE LAWS AND REGULATIONS.
7. Computer Equipment; Browser Access and Internet Services. You are responsible for obtaining, installing, maintaining and operating all equipment necessary for you to access the Sites. Acme does not warrant that the Sites will be compatible with all software you may use. You agree that you will utilize a reputable antivirus software program on your equipment and that you will update such antivirus software periodically in accordance with a commercially reasonable schedule. Acme is not responsible for any errors or problems that arise from the malfunction or failure of your equipment.
You are responsible for obtaining a browser or software capable of meeting the systems requirements Acme establishes from time to time. You may use any browser or software of your choice to access the Sites via the Internet so long as it meets Acme's standards. In addition, full use of the resources available on the Sites may require installation of other special use programs or software which may be available for download or purchase from third parties. Although Acme may make a browser or software available to you or facilitate a link to a third party website where you may download such browser or software, Acme makes no endorsement of any specific browser or software. You acknowledge that Acme is not responsible (i) for the browsers or software which you choose to obtain or use; (ii) for notifying you of any upgrades, fixes, or enhancements; (iii) for providing technical or other support; or (iv) for any compromise of data transmitted across computer networks or telecommunications facilities, including, but not limited to, the Internet. Your use of any browser or software may also be subject to the license agreements with the manufacturer, in addition to these Terms.
8. System Failures, Risk of Loss and Potential Disruption of Service. Access to the Sites may from time to time be unavailable, delayed, limited or slowed due to many factors, including, but not limited to the following:
In the event of a system failure or interruption, your data may be lost or destroyed. Any transaction(s) that you initiated, were in the process of completing, or completed shortly before a system failure or interruption should be verified by you through means other than online to ensure the accuracy and completeness of such transaction(s). You assume the risk of loss of your data during any system failure or interruption and the responsibility to verify the accuracy and completeness of any transaction(s) so affected.
FURTHERMORE, ACME WILL NOT BE LIABLE FOR ANY DELAY, FAILURES, INTERRUPTIONS, DIFFICULTY IN USE, COMPUTER VIRUSES, MALICIOUS CODE, OR OTHER DEFECT IN SITES, ANY INCOMPATIBILITY BETWEEN THE SITES AND YOUR FILES OR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY OTHER PROBLEMS EXPERIENCED BY YOU, WHETHER DUE TO THE ACTIONS OF ACME OR CAUSES BEYOND ACME'S CONTROL.
10. Unsolicited Proposals. Acme does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Acme therefore requests that you refrain from sending any such proposals in any format, including, but not limited to any artwork, blueprints, demonstratives, designs, layouts, photographs, or samples. This policy is intended to prevent claims of infringement, when Acme developed the idea independent of the unsolicited proposal. Therefore, you agree that all unsolicited proposals disclosed to or received by Acme may be deemed the property of Acme and you do hereby grant to Acme all rights, title, and interest therein. Acme may use all such information free of any obligation to compensate you for that use.
11. Bulletin Boards, Chat and Other Communication. The Sites may provide bulletin boards, emails, message facilities, chat rooms, on-line forums or means of communications ("Forums") with Acme. You may use these Forums only for business purposes related to Acme or the Sites. You further agree that you will use the Forums in conformity with all applicable laws and these Terms. You agree that you will not Misuse any Forum. You understand and agree that any use by you of a Forum constitutes a public communication and you waive all rights you may have to any communications and all information contained therein. Once sent or posted, Acme has the right to use, keep, limit, delete, or edit that communication and all information contained therein for any purpose it chooses, in its sole discretion. You further acknowledge that Acme does not endorse or sponsor any information or material posted on a Forum, and that Acme has no responsibility to approve, review, or screen such information or material. By contacting Acme or using any Forum, you agree and consent to the monitoring, recording, and/or transcribing of your communications by Acme for any reason.
12. No Offer to Sell or Buy Securities. The information on Sites does not constitute an offer to sell or the solicitation of an offer to buy any securities and must not be relied upon in connection with any investment decision by you.
13. Links to Other Sites and to the Site. The Sites may provide hyperlinks or references to other Acme websites as well as websites that are operated by third parties not affiliated with Acme. While Acme endeavors to provide links only to websites that are reputable and safe, it takes no responsibility for the information, products, or services obtained on such other websites. Links to other websites are merely for your convenience and inclusion of such links does not imply an endorsement or verification of the websites; or the persons operating those websites, the quality (i.e., accuracy, currency, completeness) of their content. Access, use and reliance on a third party website and its content, products or services are at your own risk. Acme will not be responsible for any errors, omissions or results obtained from these websites. Third party websites may have different privacy policies than Acme. To the extent that these websites collect personal information or postings from you, be advised that Acme assumes no responsibility or liability for the manner in which such information is exploited or for any claims, damages, or losses resulting from your use of these websites.
14. Passwords. Acme may require a password to access its Sites ("Password"). The Password is proprietary and the property of Acme. Acme may change the parameters for a Password without prior notice to you. You may be required to change your Password the next time you access the Sites. You agree not to use any means to circumvent any log-in, password or other protections placed on any Sites. You must take precautions to insure the security of your Password and agree to not disclose your Password to others. If you permit any other person(s) to access or use your Password, you are responsible for any use, charges, transactions and activities performed by such person. If you believe someone has used your Password or accessed the personal information without your knowledge, you agree to immediately notify Acme. Acme assumes no responsibility for and will not be liable in the event that another person learns your Password or uses your Password to cause damage to you.
15. Governing Law. Sites are monitored and maintained in Fort Worth, Texas, USA. You agree that your use of Sites is 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 Tarrant County, Texas, USA as to any dispute arising out of, relating to, or concerning Sites and/or these Terms. Acme has endeavored to comply with all legal requirements known to it in creating and maintaining Sites, but makes no representation that materials on Sites are appropriate or available for use in any particular jurisdiction. Use of Sites is unauthorized in any jurisdiction (i) that does not give full effect to all provisions of these Terms, including without limitation this paragraph, the warranty disclaimers and liability exclusions; or (ii) where all or any portion of Sites may violate any legal requirements. You are responsible for compliance with applicable laws, and any use in contravention of this or any provision of Terms is at your own risk.
If you have a dispute with Acme regarding the Sites or Terms, you agree to give Acme written notice of the dispute and your requested remedy at least thirty (30) days prior to taking any action. All notices to Acme shall be given in writing by certified mail, return receipt requested to the following postal address:
Acme Brick Company
YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THE SITES OR THESE TERMS ("CLAIM"), REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION AFTER THE REQUIRED NOTICE HAS BEEN PROVIDED. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR ACME MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION, PARTICIPATE AS A MEMBER OF A CLASS ACTION OR ASSERT ANY OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL). SUCH ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND ANY SUCH ARBITRATION SHALL BE FILED IN THE DALLAS OFFICE AND ALL PROCEEDINGS SHALL BE BROUGHT AND HELD IN FORT WORTH, TEXAS, 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.
This binding arbitration provision applies to any and all Claims that you have against Acme and all affiliated companies, successors, assigns, and against all of their respective employees, agents, or insurers.
Any claims or other cause of action by you with respect to the Sites, Content or Terms must be instituted within one (1) year after the cause of action arose without regard to discovery rules or be forever waived and barred.
17. Opt-In and Opt-Out of Certain Communications. In order to receive certain communications form Acme from a Site (i.e. newsletters, product updates, etc.), you must fill in your email address at http://www.brick.com/contact.htm or other places on the Sites. You have the option of giving Acme more information about you at that time, but are not required to unless you are making purchases or requesting literature be mailed to you. The email address is necessary to electronically send you certain information. If, at any time, you would like to stop receiving the electronic newsletter, you can email Acme at firstname.lastname@example.org with the word UNSUBSCRIBE in the subject line.
18. New Features, Modification to Terms and Termination. Acme may, from time to time, introduce new features to the Sites or modify or delete existing features in its sole discretion. Acme also reserves the right in its sole discretion to deny you access to the Sites or to terminate the Sites altogether at any time. Acme reserves the right to amend or revise the Terms and to make changes to any part of the Sites at any time without prior notice or liability. Any such revisions are prospectively binding on you. Therefore, you should review the Terms each time you visit this page, when you access or use any Site to review the Terms that control your rights, obligations and use of the Sites. By accessing or using any new or modified features when they become available, you agree to be bound by any new Terms.
19. Termination; Availability. Acme may terminate or suspend the Terms, or terminate, suspend or limit your access privileges to the Sites, in whole or part, at any time for any reason without prior notice. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the Terms for all purposes.
20. Communications. If you have questions regarding Sites or Terms, you may communicate with the Internet Administrator at Acme for the Site at http://www.brick.com/contact.htm, by e-mail at email@example.com, or by telephone at (817) 332-4101.
21. Other General Terms. These Terms constitute the entire agreement governing your access to, dealings with, and use of the Sites. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from Acme. In the case of a conflict between Terms and any agreement specific to any goods, products, or services that you obtain, purchase, or use from Acme, the terms of the specific agreement shall govern.
Any failure of Acme to assert any rights it may have under these Terms does not constitute a waiver of Acme's right to assert the same or any other right at any other time or against any other person or entity. If any provision of Terms is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from these Terms without affecting the validity or enforceability of any other provision.
In the event of a dispute arising under or relating in any way to these Terms, we agree to resolve this dispute by looking to the Terms. The language in the Terms shall be interpreted as to their fair meaning, without regard to who drafted them and not strictly against either party. These Terms shall take precedence over any conflicting material which may be set forth at other places on the Sites, or the verbal statements of any employee.
If any Term is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining Terms and will not affect the validity and enforceability of such remaining Terms which shall be unimpaired and continue to be in full force and effect. If necessary for the enforcement of these Terms, any unenforceable provisions shall be replaced by an enforceable term or provision that comes closest to the intention of the unenforceable term or provision.
The section headings in these Terms are for convenience only and must not be given any legal import. Sites may be assigned by Acme at any time. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to the Terms and use of Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
THIS POLICY WAS LAST REVISED JANUARY 1, 2009.