Terms and Conditions of Use
In using this website you are deemed to have read and agreed to the following terms and conditions of use:
If you are under 18 years of age, do not use this website, unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms and Conditions of Use and are fully able to abide by them.
The following terminology applies to these Terms and Conditions of Use and Privacy Policy: "Client", “User”, “You”, and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions of use. "The Company", “Ourselves”, and “We”, refers to Kienstra Ready Mix Concrete and its affiliates. “Party”, “Parties”, or “Us”, refers to both the User and the Company, or either the User or the Company. Any use of the above terminology or other words in the singular, plural, and/or he/she or they, are taken as interchangeable.
Please read these Terms and Conditions of Use carefully before using this site. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions and the Privacy Policy. By accessing this site, or downloading or viewing any materials, you are signifying that you have read and agreed to all of the terms and conditions set forth herein or otherwise provided and you signify your assent to these Terms and Conditions of Use. If you do not agree with any part of the following Terms and Conditions of Use, you must not access any materials or otherwise use this site.
1. The materials on this website (the "Site") are provided by Kienstra Ready Mix Concrete and its affiliates (collectively, "Kienstra") as a service to its customers, employees and other interested persons and may be used for informational, non-commercial purposes only. You should assume that everything you see or read on the Site is copyrighted and may not be used except as provided in these Terms and Condition of Use or in the text on the Site without the express written permission of Kienstra. Kienstra neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Kienstra.
2. While Kienstra uses reasonable efforts to include accurate and up-to-date information in the Site, Kienstra makes no warranties or representations as to its accuracy. Kienstra assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE ARE AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. KIENSTRA DOES NOT WARRANT THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. KIENSTRA DOES NOT WARRANT OR MAKE REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL KIENSTRA, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL; INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSIONS TO OR FROM OUR SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE. THEORY, AND WHETHER OR NOT KIENSTRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, all information on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO ACCURACY OR COMPLETENESS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. In addition, you expressly acknowledge and agree that Kienstra is not liable or responsible for any defamatory, offensive or illegal conduct of third parties. Kienstra also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or Your downloading of any materials, data, text, images, video, or audio from the Site.
The foregoing warranty disclaimer and limitation of liability shall apply to the fullest extent permitted by law and will survive these Terms and Conditions of Use and Your use of the Site.
4. Images of people or places displayed on the Site are either the property of, or used with permission by, Kienstra. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions of Use or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Kienstra. Archiving, saving, embedding or using analogous technology to capture content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this Site and/or the content contained on this Site may violate applicable copyright, trademark or other intellectual property laws or other laws.
5. The trademarks and service marks displayed on the Site, including (1) Kienstra, (2) Ready Mix, and (3) striped green and white design applied to the barrel of a concrete truck logo (collectively the "Trademarks") are registered and common law trademarks and/or service marks of Kienstra and others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Kienstra or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. Copyright and other relevant intellectual property rights exist on, in and to all text relating to the Company’s products and services and the full content of this Site.
6. Although Kienstra may from time to time monitor or review postings, transmissions, bulletin boards, and the like on the site, Kienstra is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.
7. This site may contain links to other websites that are provided solely as a convenience to you and are not necessarily an endorsement by Kienstra of the contents of such other websites and Kienstra should not be regarded as the publisher of such material. Kienstra shall not be responsible for the content of any other Websites and makes no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites or participate in any offers or programs via such websites, you do so at your own risk. We do not monitor or review the content of other party’s websites which are linked to this Site. Please be aware that we are not responsible for the privacy practices, or content, of any other websites. We encourage our users to be aware when they leave our site and to read the privacy statements of any sites they access through links. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information through such site. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
8. You agree that you have read the Privacy Policy contained on the Site, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Kienstra in accordance with the terms of and for the purposes set forth in the Privacy Policy.
9. You agree to defend and indemnify Kienstra and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal fees, brought by third parties as a result of your use of this Site.
10. Kienstra may at any time modify these Terms and Conditions and your continued access of this Website and/or its content or other use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use. It is your responsibility to review these Terms and Conditions periodically for any changes or modifications, as there will be no individual notices to users regarding such changes or modifications. Users may check for new versions of these Terms and Conditions by checking the link provided on this Site. Your continued use of any service and/or product offered by Kienstra constitutes an affirmative acknowledgment by you of these Terms and Conditions including any subsequent modifications made to them, as well as your agreement to abide and be bound by these Terms and Conditions as in effect at the time of such use.
11. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
12. The failure of Kienstra to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. User and Kienstra agree that any cause of action arising out of or related to Services provided under this Agreement must commence within one (1) year after the cause of action arose, in a venue located in St. Louis County, Missouri; otherwise, such cause of action is permanently barred.
13. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.
14. You agree that this Site shall be deemed solely based in Missouri, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over Kienstra, either specific or general, in jurisdictions other than Missouri. These Terms and Conditions of Use shall be governed by and construed according to the laws of the state of Missouri, as they are applied to agreements entered into and to be performed entirely within Missouri. You consent and submit to the exclusive jurisdiction of the state and federal courts located in St. Louis County, the State of Missouri, United States of America, in all questions and controversies arising out of your use of this Site and this Agreement. Any claim or cause of action arising out of or relating to this Site shall be barred permanently unless such claim or cause of action is brought within one year after it arises.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between Us relating to Your use of this Site. These terms may not be modified by You, in writing or otherwise, unless agreed to in a written document signed by Kienstra.
15. Unless otherwise stated, the services and products featured on this Site are only available within the United States of America. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. The Company does not warrant that the service from this Site will be uninterrupted, timely or error free, although it is provided to our best ability.
16. You may not create a link to any page of this Site without the Company’s prior written consent. If You do create a link to a page of this Site, You do so at Your own risk and the exclusions and limitations set out above will apply to Your and anyone following such link’s use of this Site by linking to it.
17. All remarks, suggestions, ideas, graphics, or other information communicated to Kienstra through this Site (together, the "Submission") will forever be the property of Kienstra. Kienstra will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Kienstra operations. Without limitation, Kienstra will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, Kienstra will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material You submit, and You, not Kienstra, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
18. These Terms and Conditions of Use, and any rights and licenses granted hereunder, may not be assigned by You, but may be assigned by Kienstra without restriction.
19. Kienstra has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms and Conditions of Use. In addition, Kienstra reserves the right to seek all remedies available at law and/or in equity for violations of these Terms and Conditions of Use.