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Terms of Service

Effective Date: 04 Dec 2024
Last Updated: 04 Dec 2024

Welcome to Ely Concrete Construction’s website (“Website”). Ely Concrete Construction (“Ely Concrete,” “we,” “us,” or “our”) provides this Website to offer information about our services and to facilitate communication with clients and prospective clients. By accessing or using this Website, you agree to be bound by these Terms of Service and our Privacy Policy (collectively, the “Terms”). If you do not agree, please refrain from using the Website.

1. Acceptance of Terms

By accessing or using our Website, you acknowledge that you have read, understood, and agree to comply with these Terms. If you use the Website on behalf of a business, you represent that you have the authority to bind that business to these Terms.

2. Use of Website

The use of our Website shall be for lawful purposes only and in strict accordance with the Terms. Your license to use the Website is conditioned upon your acceptance of the Terms and upon acceptance of the same, by virtue of a limited, nontransferable, nonsublicensable, nonexclusive, revocable and personal license to access and use Website in accordance with the Terms. No other rights or licenses are granted or conveyed and such rights and licenses are expressly reserved by Ely Concrete. This Website, including all subparts thereof, shall not be altered, reproduced, broadcast, duplicated, sold, or otherwise used by you for any purposes other than the permitted purposes described below without the prior express written consent of Ely Concrete, which may be withheld for any reason. We reserve the right to take appropriate action, whether legal or otherwise, to remedy any illegal or unauthorized use of this website or other media forms.

You may use the Website solely for:

  • Learning about our services.
  • Submitting inquiries or requests for quotes.
  • Contacting us regarding potential projects.

You agree that you will not:

  • Violate the Terms;
  • Use the Website to violate the law;
  • Breach or bypass any security features or authentication measures;
  • Transmit any content or information that is our reasonably could be construed to be unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory or profane in nature;
  • Transmit any content or information that could reasonably constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law;
  • Alter or interfere with the Website, the proper working of the same, or content contained therein, including, but not limited to, the use of any virus, malware, trojan horse or other malicious code or technologies;
  • Use automated systems, such as bots or scrapers, to collect data from the Website without written permission.

3. Intellectual Property

All content on this Website, including, but not limited to, text, graphics, images, logos, and other materials, is the Property of Ely Concrete and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reproduce, distribute, create derivative works from the content on this Website without our express prior written consent.

4. Disclaimers

No Warranty, Limitation of Liability

We endeavor to ensure that all of our information contained on the Website is timely and accurate. However, we shall bear no liability for any errors or omissions in the content provided on our Website.

Unfortunately, we are not able to guarantee constant or secure access to our Website. This Website is provided on an as-is and as-available basis, without warranty of any kind. To the fullest extent permitted by law, all warranties, express or implied, statutory or otherwise, including the implied warranty of merchantability, fitness for a particular purpose and non-infringement of property rights are expressly excluded and expressly waived by you upon accessing the Website. We disclaim any and all warranties for the security, availability, reliability, timeliness, accuracy and performance of content included on this Website and any warranties that your use of the Website and the content provided will be uninterrupted or virus-free. Any material downloaded or otherwise obtained through the use of the Website is done so at your own risk. You will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or use of the Website.

You expressly understand and agree that under no circumstances shall we be liable to you for your use, misuse, and/or reliance on the Website or content contained provided from the same. To the fullest extent permitted by law, such limitation of liability shall prevent recovery of direct, indirect, incidental, consequential, special, exemplary and punitive damages (even if we have been advised of the possibility of such damages or if such damages could have been foreseen) and we shall not be liable for any loss of money, profits, revenue, data, use, goodwill, reputation or other intangible losses arising out of your use of the Website.

To the fullest extent permitted by law, we shall not be liable for damages relating to any conduct or content of any third-party or user of the Website, including defamatory, offensive or illegal conduct or content. These limitations apply to all claims, whether based on warranty, contract, tort or any other legal theory, whether or not a remedy set forth herein is found to have failed its essential purpose.

No advice, statement, or information, whether written or oral, obtained by you from us or through or from the Website shall create any warranty not expressly stated in these Terms. You hereby waive any and all claims against Ely Concrete, its affiliates and their respective directors, managers, officers, members, shareholders, agents, employees and licensors arising out of your use of the same and the content included thereon.

External Links

Our Website may include links to third-party websites or videos from third-party sites. We are not responsible for the privacy practices or content of these external sites or media. Please review their privacy policies before providing any information. The use of links to third-party websites does not represent an approval, endorsement, or sponsorship of such website, the content thereon, or the persons or entities responsible for such sites.  Any third-party trademarks, trade names, service marks, other logos, brand features and product and service names used or referenced by us are and shall be the sole property of such third parties, and, unless expressly provided otherwise, such use or reference shall not indicate any sponsorship or endorsement of or affiliation with such third party.

5. User Submissions

Any material you submit to the Website, such as inquiries or comments, will be considered non-confidential and non-proprietary. By submitting content, you grant us the right to use, modify, reproduce, and distribute it for business purposes.

You warrant that your submissions will not violate any third-party rights or applicable laws.

6. Privacy

Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect your information.

You warrant that your submissions will not violate any third-party rights or applicable laws.

7. Modifications to the Terms

We retain the right to make changes to this Website at any time and for any reason with or without notice to you. Such changes may include, but are not limited to, implementing limits on the use of our Website, restrict access to the same, and to suspend or discontinue the Website. You agree that we shall not be liable to you or to any third party for any said changes, modifications, suspensions, or terminations.

8. Governing Law

These Terms and any disputes arising out of or related to the Website or the Privacy Policy shall be governed by, interpreted, and enforced in accordance with the laws of the State of Georgia, without reference to its conflict of laws principles. By using our Website you consent to the jurisdiction of the state and federal courts located in Bartow County, Georgia and waive any and all claims relating to the lack of jurisdiction thereof.

9. Indemnification

You agree to indemnify, defend, and hold harmless Ely Concrete, its affiliates and their respective directors, managers, officers, shareholders, members, agents, employees and licensors (the “Indemnified Parties”) from any claim, suit, demand, liabilities, losses, settlement, judgment, damages, costs and expenses (including reasonable attorneys’ fees) (“Claims”) made by any third party due to or arising out of: i) your use or misuse of the Website; ii) your connection to the same; iii) your violation of these Terms or Privacy Policy; iv) your violation of any law or the rights of a third party; or v) content you submit, post, transmit or otherwise make available through the Website. The Indemnified Parties shall be permitted but not required to participate in the defense of any such Claim. To the extent such election to participate is made, the Indemnified Parties shall waive or reduce any of your obligations. This indemnification shall also extend to costs incurred in enforcing the same, which shall be borne by you without regard to reasonableness.

10. Statute of Limitation

No claim shall be brought against us more than one (1) year after the earliest of: i) your last use of the Website; ii) the date the claim arises; or iii) the termination of these Terms. To the extent the applicable statute of limitations would expire prior to the running of the foregoing conditions, the foregoing time period shall not operate to extend any applicable statute of limitations in such event.

11. Termination

We reserve the right to terminate or suspend your access to the Website, at our sole discretion, without prior notice, for any reason, including a violation of these Terms.

12. Contact Us

If you have any questions about these Terms or the Website, please contact us:

Ely Concrete Construction
10 Kelli Clark Ct SE
Cartersville, GA 30121
Email: Info@ely-corp.com
Phone: 678-792-3151

13. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Ely Concrete regarding your use of the Website and supersede all prior agreements.

This version of the Terms of Service is tailored for Ely Concrete to reflect our business purpose and ensure professionalism. Review the document with legal counsel for compliance and accuracy.