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Terms & Conditions of Use

AGREEMENT BETWEEN USER AND GRANITE MOUNTAIN QUARRIES,
A DIVISION OF MCGEORGE CONTRACTING CO., INC.

Granite Mountain Quarries is a division of McGeorge Contracting Co., Inc., for which a Fictitious Name Statement has been duly registered with the Arkansas Secretary of State. For purposes of these Terms & Conditions, McGeorge Contracting Co., Inc., is hereafter referred to as Granite Mountain Quarries. Granite Mountain Quarries’ Web Site is comprised of various Web pages operated by Granite Mountain Quarries.

The Granite Mountain Quarries Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Granite Mountain Quarries Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to these Terms and Conditions, do not use this Web site.

MODIFICATION OF THESE TERMS OF USE

Granite Mountain Quarries reserves the right, without notice to you, to change or revise the terms, conditions, and notices under which the Granite Mountain Quarries Web Site is offered. You should review the Terms and Conditions from time to time as they are binding on you. Your continued use of this Web Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

LINKS TO THIRD PARTY SITES

The Granite Mountain Quarries Web Site may contain links or references to other web sites and resources ("Linked Sites"). Granite Mountain Quarries makes no representations or warranties whatsoever about any Linked Sites. The Linked Sites are not under the control of Granite Mountain Quarries and Granite Mountain Quarries is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Granite Mountain Quarries is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement, sponsorship, or recommendation by Granite Mountain Quarries of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Granite Mountain Quarries Web Site, you warrant to Granite Mountain Quarries that you will not use the Granite Mountain Quarries Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Granite Mountain Quarries Web Site in any manner which could damage, disable, overburden, or impair the Granite Mountain Quarries Web Site or interfere with any other party's use and enjoyment of the Granite Mountain Quarries Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Granite Mountain Quarries Web Sites.

MATERIALS PROVIDED TO GRANITE MOUNTAIN QUARRIES

In the event you elect to respond to Granite Mountain Quarries with information, feedback, date, questions, suggestions, comments or the like regarding the content of this Site, (collectively "Submissions"), the content of any Submissions shall be deemed not to be confidential and you grant to Granite Mountain Quarries an unrestricted, irrevocable, perpetual, and royalty-free license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, and distribute your Submission to others, without limitation or compensation, provided Granite Mountain Quarries will comply with the terms of its Privacy Policy posted on this site.

DISCLAIMERS

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GRANITE MOUNTAIN QUARRIES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GRANITE MOUNTAIN QUARRIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE GRANITE MOUNTAIN QUARRIES WEB SITE AT ANY TIME. INFORMATION RECEIVED VIA THE GRANITE MOUNTAIN QUARRIES WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

GRANITE MOUNTAIN QUARRIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE GRANITE MOUNTAIN QUARRIES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GRANITE MOUNTAIN QUARRIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GRANITE MOUNTAIN QUARRIES DOES NOT WARRANT THAT THE WEBSITE, OR THE SERVER OR SERVERS THAT MAKES IT AVAILABLE, WILL BE UNINTERRUPTED, TIMELY, OR FREE OF VIRUSES OR OTHER MALICIOUS COMPONENTS.

LIMITATION OF LIABILITY

BY ACCESSING THIS WEB SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY IN CONNECTION WITH YOUR USE OF THIS WEB SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANITE MOUNTAIN QUARRIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, PERFORMANCE OR SECURITY OF THE GRANITE MOUNTAIN QUARRIES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE GRANITE MOUNTAIN QUARRIES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE GRANITE MOUNTAIN QUARRIES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GRANITE MOUNTAIN QUARRIES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GRANITE MOUNTAIN QUARRIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE GRANITE MOUNTAIN QUARRIES WEB SITE, THE PRIVACY POLICY OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE GRANITE MOUNTAIN QUARRIES WEB SITE.

TERMINATION/ACCESS RESTRICTION

Granite Mountain Quarries reserves the right, in its sole discretion, to terminate your access to the Granite Mountain Quarries Web Site and the related services or any portion thereof at any time, without notice.

JURISDICTION AND VENUE

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Arkansas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Jefferson County, Arkansas, U.S.A. in all disputes arising out of or relating to the use of the Granite Mountain Quarries Web Site. Use of the Granite Mountain Quarries Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Granite Mountain Quarries as a result of this agreement or use of the Granite Mountain Quarries Web Site. Granite Mountain Quarries’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Granite Mountain Quarries’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Granite Mountain Quarries Web Site or information provided to or gathered by Granite Mountain Quarries with respect to such use.

INDEMNITY

AS A CONDITION OF USE OF THIS WEBSITE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS GRANITE MOUNTAIN QUARRIES AND ITS SUPPLIERS, PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, STOCKHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY CIOLATIONS, AND INTELLECTUAL PROPERTY INFRINGEMENT, DAMAGES, LOSSES, AND COSTS, INCLUDING ATTORNEY’S FEES, ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, Pine Bluff Material’s USE OF ANY INFORMATION YOU PROVIDE, ANY INFORMATION OR MATERIAL POSTED OR TRANSMITTED BY YOU ON OR THROUGH THE WEBSITE, OR ANY VIOLATION OF THE TERMS & CONDITIONS OF USE ASSOCIATED WITH THE WEBSITE.

SEVERABLILTY

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Granite Mountain Quarries with respect to the Granite Mountain Quarries Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Granite Mountain Quarries with respect to the Granite Mountain Quarries Web Site.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Granite Mountain Quarries Web Site are protected by copyright. You may not copy, distribute, or create derivative works from any part of this Web Site (including its graphics, pictorial matter, and text) without the prior written consent of Granite Mountain Quarries. Any rights not expressly granted herein are reserved.

TRADEMARKS

Certain names, logos, designs, titles, words, or phrases within this Web Site are trademarks, service marks, or tradenames of Granite Mountain Quarries and may not be used without the prior written permission of Granite Mountain Quarries. Granite Mountain Quarries claims no interest in marks owned by other entities not affiliated with Granite Mountain Quarries which may appear on this Web Site. Any rights not expressly granted herein are reserved.

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