Terms and Conditions

Effective date: October 7, 2024

These Terms and Conditions (“Terms”) together with any other documents or policies identified herein, govern your use of the a1concrete.com website, any mobile application offered by us, and any other site on which these Terms appear. As used herein, “A-1”, “us”, and “we” refers to A-1 Concrete Leveling, Inc., an Ohio corporation, and, as applicable, our independent licensees who offer services through this website. By using this website, you agree to comply with and be bound by all of the Terms. The right to use this website is personal to you, and is not transferable to any other person or entity.

IN NO EVENT SHALL A-1 BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED ON THIS WEBSITE.

These Terms constitute a legally binding agreement and, together with the Privacy Policy, contain the entire agreement between you and A-1 regarding accessing or using this website.

MODIFICATION OF TERMS AND CONDITIONS

A-1 reserves the right at all times to change or discontinue any of these Terms to the extent deemed necessary or desirable. Any changes to these Terms will take effect our posting of updated Terms on this website.

NO WARRANTY / LIMITATION ON LIABILITY

A-1 strives to ensure that the information contained on this website is accurate and reliable. However, errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, A-1 makes no representations about the reliability of the information contained on this website. You acknowledge that any reliance on such information will be at your own risk. A-1 disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this website, including without limitation the merchantability or fitness for any particular purpose. A-1 is not liable or responsible for any damages or injuries caused by use of this website (such as viruses, omissions or misstatements). NEITHER A-1 NOR ANY PERSON OR ENTITY ASSOCIATED WITH A-1 REPRESENTS OR WARRANTS THAT THE INFORMATION CONTAINED ON THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE INFORMATION ON THE WEBSITE WILL OTHERWISE MEET YOUR REQUIREMENTS, NEEDS OR EXPECTATIONS. UNDER NO CIRCUMSTANCES, INCLUDING UNDER ANY THEORY OF LIABILITY (INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, AND/OR NEGLIGENCE), SHALL A-1 OR ANY OF A-1’S EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSEES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO (i) ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, (ii) DEATH, PERSONAL INJURY, PROPERTY DAMAGE, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOST DATA ,OR LOST PROFIT AND (iii) ATTORNEYS’ FEES THAT RESULT FROM OR ARE OTHERWISE RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE. NOR SHALL A-1 BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISSTATEMENTS, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND A-1’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE INFORMATION CONTAINED ON THE WEBSITE.

IN NO EVENT SHALL A-1’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED FIVE U.S. DOLLARS (US$5.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM, ACTION OR PROCEEDING RELATED IN ANY WAY TO THIS WEBSITE OR THESE TERMS MUST BE PROVIDED WITHIN ONE (1) YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

PRIVACY POLICY

By using, communicating through, or submitting information through this website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy, which is hereby incorporated by reference into these Terms. A copy of our Privacy Policy can be accessed here.

INTELLECTUAL PROPERTY

This website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, company names, logos, product and service names, slogans, video, audio, html code, and the design, selection, and arrangement thereof) are owned and used by A-1, its subsidiaries and affiliates, its licensees, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use this website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on this website. Specifically, you must not:

• Modify copies of any content on the website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately other than by viewing it on this website.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this website.
• Impersonate or attempt to impersonate A-1 and/or an A-1 employee, affiliate, or licensee. Access or use for any commercial purposes any of the content on this website. Otherwise sell, license, rent, modify, disassemble, distribute, copy, decompile, reverse engineer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, attempt to derive the source code, or create derivative works from this website or any part thereof. Any attempt to do any of these prohibited activities is a violation of A-1’s intellectual and proprietary rights and the rights of its licensors of the content on this website. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please email info@a1concrete.com with evidence of such infringement.

GENERAL USE AND LICENSE TO USE THIS WEBSITE

A-1 hereby grants you a limited, non-exclusive, revocable license to make use of this website regardless of the medium by which the website is accessed by you (e.g., via a web browser, mobile browser, or mobile application), provided that: (i) your use of this website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of this website in any medium without A-1’s prior written consent; (iii) you will not alter or modify any part of this website other than as may be reasonably necessary to use this website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms. The rights granted herein are non-transferable and are limited to content owned by A-1 and do not include any third-party patents or intellectual property rights. Other than the rights granted herein, these Terms do not grant you any rights to use the information on this website and other intellectual property in the design, development, manufacture, licensing, or distribution of third-party devices and accessories for use with this website. These Terms do not entitle you to receive and do not obligate A-1 to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to this website. You acknowledge that your use of this website is at our sole discretion and your license to use this website may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, for any reason or no reason with or without notice, to refuse service, to block or prevent future access to and use of this website, to terminate any user’s access, and to alter or delete any material submitted to this website. Following termination of this license, these Terms shall apply to the extent practicable. This website is intended for use by those who are 18 years of age or older only and you represent that you are 18 years of age or older and of legal age to enter into a binding agreement. If you are not 18 years of age or older, you are prohibited from using this website without the accompaniment and supervision of a parent or legal guardian. If you are a parent or legal guardian, you agree that you have provided legal consent and will monitor and supervise the use of this website by minors under your care, and you agree to be responsible for their use of this website. Any use of this website by persons under 18 years of age and without parental consent will result in immediate termination of their use of this website.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses this website in a manner that sends more request messages to the A-1 servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, A-1 grants the operators of public search engines permission to use spiders to copy materials from this website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. A-1 reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from this website, nor to use the communication systems provided by this website for any commercial solicitation purposes.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless A-1, its parents, affiliates, subsidiaries, officers, employees, licensees, licensors, and contractors and each of their officers, employees and agents from any actual or alleged claims, demands, causes of action, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (i) your violation of these Terms, (ii) your violation of any local, state, federal, or international law, rule, or regulation, (iii) a claim by a third party that is based on your use of this website, including but not limited to submitting information on any form contained on this website, (iv) information or material posted or transmitted through your device, computer, or account, even if not submitted by you, (v) any misrepresentation made by you, or (vi) any dispute between you and another user of this website or participant in this website relating to this website in any way. You will cooperate as fully and as reasonably required in A-1’s defense of any claim. A-1 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any matter without the written consent of A-1.

HYPERLINKS

This website may link to sites not maintained by or related to A-1. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this website or A-1. A-1 has not reviewed the sites hyperlinked to or from this website and is not responsible for the content of any other site. These links are to be accessed at your own risk. A-1 makes no representations or warranties about the content, completeness or accuracy of these links or the sites or services hyperlinked to or from this website. Furthermore, A-1 does not implicitly endorse third-party sites hyperlinked to or from this website.

APPLICABLE LAW AND VENUE

These Terms and your access to or participation in this website are governed by the laws of the state of Ohio without regard to conflict of laws provisions that would cause the laws of any other state to apply. You irrevocably consent to the exclusive jurisdiction of the federal and state courts in the Northern District of Ohio, Southern Division, for purposes of any legal action arising out of or related to access to or participation in this website or these Terms (including for any challenge to the enforceability of any of the provisions of the Terms) and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

NOTICES

Where required, A-1 may give notice to you by a general posting in this website, by electronic mail, or by conventional mail to your address of record. You may give notice to A-1 by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of this website, or your dealings with A-1, please contact us by email at info@a1concrete.com or by mail at the following address:

A-1 Concrete Leveling, Inc.
388 S. Main Street, Suite 402
Akron, OH 44311

MISCELLANEOUS

Both you and A-1 acknowledge and agree that no partnership is formed, and neither you nor A-1 have the power or the authority to obligate or bind the other.

The failure of A-1 to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ original intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect except as otherwise provided herein.

The failure of A-1 to comply with these Terms because of an act of God, war, fire, riot, terrorism, pandemic or epidemic, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of A-1, shall not be deemed a breach of these Terms. If A-1 fails to act with respect to your breach or anyone else’s breach on any occasion, A-1 is not waiving its right to act with respect to future or similar breaches.

The headings in these Terms are for your convenience and reference. These headings do not limit or affect these Terms.

If any provision of these Terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of use and shall not affect the validity and enforceability of any remaining provisions except as provided herein.

A-1 may assign these Terms, in whole or in part, at any time with or without notice to you. You may not assign these Terms, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use all or any part of this website.