Terms & Conditions
Effective Date: July 19, 2023
Welcome to https://jmhawkeyeconstruction.com (the “Website”). This Terms of Use Agreement (the “Agreement”) is made and entered into by and between you and J&M Hawkeye Construction LLC (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the “Services”).
Acceptance of this Agreement
Acceptance Through Using or Accessing the Services
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
Eligibility Requirements to Use or Access the Services
To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, Canada or the United Kingdom, and (iii) not a competitor of or using the Services for purposes that are competitive with the Company.By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
Changes to this Agreement
The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
Access to the Services
Changes to Your Access and the Services
The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
Creating an Account
You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://jmhawkeyeconstruction.com/privacypolicy). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
Account Responsibilities
You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
Termination or Deletion of an Account
The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.
Policy for Using the Services
Prohibited Uses
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.
Prohibited Activities
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
Violate any applicable laws or contractual obligations.Send unsolicited communications or spam.Impersonate others or misrepresent your affiliation.Exploit or harm minors.Upload material that violates our content standards.Harass, disable, or interfere with other users’ enjoyment.Introduce viruses or harmful code.Attempt to gain unauthorized access or bypass security.Reverse engineer any part of the Services.Harvest or collect user data without consent.Assist others in violating these terms.
Geographic Restrictions
The Company is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws.
Terms and Conditions of Sale
Orders placed through the Website are binding and may include applicable taxes and fees. The purchasing process may require entering personal details and payment via third-party processors. We do not store payment info. Access to Services begins only after payment is completed.
Contract Duration: Subscriptions & Renewals
Paid subscriptions start when payment is received. They auto-renew unless canceled ahead of the deadline. Cancellation can be requested via the Website or by contacting us at [email protected].
Intellectual Property Rights
All content, trademarks, and materials are owned by the Company or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Services for commercial use only under this Agreement. You may not copy, alter, sell, sublicense, or use our intellectual property for competing purposes.
Trademark Notice
All trademarks, logos, and service marks are the property of J&M Hawkeye Construction LLC or third parties. You may not use them without permission.
User Content
You are solely responsible for any content you post or upload to the Services. Content must comply with our standards and cannot be illegal, offensive, or misleading. You grant us an irrevocable license to use, display, and distribute your content in connection with the Services. We may remove content or suspend access at our discretion.
Monitoring and Enforcement
We reserve the right to:
Remove content that violates this Agreement.Report content or users to law enforcement.Disclose content if legally required.Suspend access without notice.
DMCA — Copyright Infringement
To report copyright infringement, send a DMCA notice to:J&M Hawkeye Construction LLC2251 Grand Flora Trail, Bradenton, FL 34208📧 [email protected]:
Your signatureDescription of the copyrighted workURL or location of infringing materialYour contact infoA statement under penalty of perjury confirming your rights
Feedback to the Company
If you provide us with suggestions, ideas, or feedback, you agree we may use it without compensation. Feedback is considered non-confidential and becomes Company property.
Assumption of Risk
Content provided through the Services is for general information. We do not guarantee its accuracy or suitability. You assume all risks associated with its use.
Privacy
Please refer to our Privacy Policy for details about how we collect, use, and share your information.
Termination
We may suspend or terminate your access to the Services at any time for any reason, with or without notice. Termination will result in deletion of your account and content, where applicable.
No Warranty
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR USE IS AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, J&M HAWKEYE CONSTRUCTION LLC IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS, EVEN IF ADVISED OF SUCH POSSIBILITY.
Indemnification
You agree to indemnify and hold harmless the Company, its employees, and affiliates from any claims, losses, or damages arising out of your breach of this Agreement or misuse of the Services.
Disputes
Governing Law
This Agreement is governed by the laws of the State of Florida, without regard to its conflict of law rules.
Jurisdiction
All legal disputes must be brought in the state or federal courts of Manatee County, Florida. You waive any objection to jurisdiction or venue in those courts.
Arbitration (If Applicable)
At our discretion, any disputes may be submitted to binding arbitration under the rules of the American Arbitration Association in Manatee County, Florida.
Class Action Waiver
You may only resolve disputes with the Company on an individual basis and may not participate in a class action or class arbitration.
Limitation to Time to File Claims
ANY CLAIM ARISING OUT OF THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR. AFTER THAT TIME, THE CLAIM IS BARRED.
Miscellaneous
Waiver
Failure to enforce a term is not a waiver of our rights.
Severability
If any part of this Agreement is found to be invalid, the rest will remain in effect.
Entire Agreement
This document is the full agreement between you and J&M Hawkeye Construction LLC.
Headings
Headings are for convenience and do not affect the legal meaning of the provisions.
No Agency
Nothing in this Agreement creates a partnership, agency, or joint venture between you and the Company.
Assignment
You may not assign your rights without our written consent. We may assign this Agreement at any time.
Export Laws
You agree to comply with all U.S. export control laws that apply to software or technical data transferred via the Services.
Contact Information
J&M Hawkeye Construction LLC2251 Grand Flora TrailBradenton, FL 34208Email: [email protected]