1. (User Eligibility) This Website is provided by Nampa Paving & Asphalt Co., an Idaho corporation, (“Nampa Paving”) and only available to entities and persons over the legal age of majority who can form legal binding agreement(s) under applicable law. If you do not qualify, then you are not permitted to use the website.
3. (Nampa Paving Privacy Notice) The Nampa Paving Privacy Notice governs the use of information collected from or provided by you at the Website. With respect to any individual whose personal information is provided by you to Nampa Paving, you represent to Nampa Paving that you have obtained all necessary consents for the processing of such personal information contemplated by the Services you are using and by the Nampa Paving Privacy Notice, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as laws of the country of origin of such individual.
4. (License and Ownership) Any and all intellectual property rights ("Intellectual Property") associated with the Website and its contents (the "Content") are the sole property of Nampa Paving, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of Nampa Paving, its
Nampa Paving grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by Nampa Paving, and (b) access and use the Nampa Paving computer and network services offered within the Website (the "Nampa Paving Systems") only in the manner expressly permitted by Nampa Paving. Except for this limited license, Nampa Paving does not convey any interest in or to the Nampa Paving Systems, information or data available via the Nampa Paving Systems (the "Information"), Content, Services, Website or any other Nampa Paving property by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Nampa Paving. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Nampa Paving.
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by Nampa Paving.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property rights of another.
(e) Certain areas of the Website are restricted to customers of Nampa Paving.
(f) You may not use or access the Website or the Nampa Paving Systems or Services in any way that, in Nampa Paving’s judgment, adversely affects the performance or function of the Nampa Paving Systems, Services or the Website or interferes with the ability of authorized parties to access the Nampa Paving Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Nampa Paving.
(b) Inbound Links. Linking to any page of the Website other than to through a plain text link is strictly prohibited in the absence of a separate linking agreement with Nampa Paving. Any website or other device that links to Nampa Paving’s Website or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Nampa Paving or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Nampa Paving or any of its affiliates, (e) presenting false information about Nampa Paving products or services, and (f) using any logo or mark of Nampa Paving or any of its affiliates without express written permission from Nampa Paving.
7. (Submission) Nampa Paving does not accept ideas, concepts, or techniques for new services or products through the Website ("Comments"). If such Comments are received, you acknowledge that (a) they will not be considered confidential or proprietary, (b) Nampa Paving and its affiliates are under no obligation to keep such information confidential, and (c) Nampa Paving will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
8. (Termination) You agree that Nampa Paving, in its sole discretion, may terminate or suspend your use of the Website, the Nampa Paving Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of the Website, and (b) destroy any copies you have made of any portion of the Content. Accessing the Website, the Nampa Paving Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of
trespass. Further, you agree that Nampa Paving shall not be liable to you or any third party for any termination or suspension of your access to the Website, the Nampa Paving Systems, Information and/or the Services.
9. (DISCLAIMER OF WARRANTIES) NAMPA PAVING MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, NAMPA PAVING SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF THE SAME IS AT YOUR OWN RISK.
10. (LIMITATION OF LIABILITY) TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT NAMPA PAVING IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, NAMPA PAVING IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NAMPA PAVING, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, THE NAMPA PAVING SYSTEMS, INFORMATION, SERVICES OR
11. (Compliance with law) You agree to use the Website in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Nampa Paving, negatively reflect on the goodwill or reputation of Nampa Paving and shall take no actions which would cause Nampa Paving to be in violation of any laws, rulings or regulations applicable to Nampa Paving.
12. (JURISDICTION) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE NAMPA PAVING SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE COURT SITTING IN THE COUNTY OF CANYON, STATE OF IDAHO, UNITED STATES OF AMERICA, OR THE FEDERAL COURT SITTING IN THE COUNTY OF ADA, STATE OF IDAHO, UNITED STATES OF AMERICA, AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE,
18. (Lack of Professional Advice) The Website and Nampa Paving Systems do not provide any accounting, legal, or any other professional advice. You shall not rely on any information within the Website or Nampa Paving Systems as accounting, legal, or any other professional advice.