Terms & Conditions

Terms of Use

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Please review these Terms of Use and our Privacy Notice before continuing to use the Website.

These Terms of Use (the “Terms of Use”) govern your access to and use of www.desmoinesaspha.wpenginepowered.com (“the “Website”) and any data or other materials contained in or accessible by the means of this Website.  “We”, “us”, or “our” refers to Des Moines Asphalt and Paving.

By accessing the Website, you acknowledge that you have read and understand these Terms of Use and that you accept and agree to be bound by them.  If you do not agree to these Terms of Use, you may not access the Website.

Our Contact Information

515.262.8296

Changes to the Terms of Use

We may modify these Terms of Use at any time effective upon posting the revised Terms of Use, along with the revision date, on the Website. Your continued use of the Website thereafter signifies your acceptance to such modified Terms of Use.

The version of these Terms of Use posted on our Website on each respective date you visit the Website will be the Terms of Use applicable to your access and use of the Website on that date. Our electronically or otherwise properly stored copies of these Terms of Use shall be deemed to be the version of the Terms of Use that were in force on each respective date you visited the Website.  In no event will changes to the Terms of Use be retroactive.

Ownership of the Website and Access License

We own all right, title, and interest in and to, or have been licensed by third parties to use, the Website, and all materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content. “Content” does not include any Third Party Materials (as defined below) or any features or services made available through third party websites.

The Website is proprietary to us and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. We grant you a personal, non-exclusive, non-transferable, revocable, limited license to use the Website solely for your personal or internal use. All rights not expressly granted to you in these Terms of Use are reserved and retained by us.

Use of the Website

You represent and warrant to us that all information that you provide in connection with your access to and use of the Website will be true, accurate, and complete.  You agree that you will not, and will not attempt to, use the Website for any unlawful, unauthorized, fraudulent or malicious purpose, or any purpose other than as intended.

By way of example, you agree that you will not do or attempt to do the following in connection with the Website:

  • Violate any applicable local, state, national or international law, regulation, or other legal requirement;
  • Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, our representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Register, subscribe, or unsubscribe any party for any products or services if you are not expressly authorized by such party to do so;
  • Use a payment method without valid authorization;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs;
  • Transmit any data or content that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable, that may invade another’s right of privacy or publicity, infringe upon another’s intellectual property rights, or that you otherwise do not have a right to transmit;
  • Use any of the Website’s communication features in a manner that adversely affects the availability of its resources to other users;
  • Use the Website or any Content in any way that is disparaging to us, or otherwise imply or state that any type of relationships or special arrangements exist with us and any other entity without our consent;
  • Use any of our logos or trademarks as a hyperlink “button”, or in any other manner, without our express prior written consent;
  • Copy, modify, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, or sell, assign, sublicense, or otherwise transfer any right in or access to the Website;
  • Probe, scan, test the vulnerability of, or breach the authentication measures of, the Website or any related networks or systems without our express consent, gain any unauthorized access to the Website, including any associated computer systems, software, or networks, or use the Website in a way that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or
  • Harvest or otherwise collect information about others without our express written consent, or use any robot, spider, scraper, or other automated means to access the Website, for any reason, including to copy any Content or information thereon, without our express written consent.

Submissions

Any information, communications, or material of any type or nature that you submit to or post on the Website (each, a “Submission”) is done at your own risk and without any expectation of privacy.  We do not own any Submissions provided via the Website.  You are fully responsible for all Submissions, which must comply with these Terms of Use. You grant us a nonexclusive, unrestricted, irrevocable, worldwide, sublicenseable, transferable, perpetual, fully paid up and royalty-free right to copy, display, edit, publish, prepare derivative works of, distribute, process, analyze, use and commercialize, in any media known or hereinafter developed, such Submissions (or any content or materials contained therein).  You hereby represent and warrant that you have the legal right to make such Submissions, and such Submissions do not contain confidential or proprietary content of any third party.  We reserve the right to remove any Submissions posted on the Website for any reason in our sole discretion.

Disclaimers; Limitations

YOU ASSUME ALL responsibility AND RISK FOR USE OF THE WEBSITE.  The WEBSITE is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.

We DO NOT REPRESENT, WARRANT OR COVENANT THAT THE website is ACCURATE, secure, ERROR-FREE, OR THAT THE website is FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. We SPECIFICALLY DISCLAIM ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE website.

Limitation of Liability

IN NO EVENT SHALL we be liable FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS ARISING OUT OF OR IN CONNECTION WITH USE OR RELIANCE OF THE website, THE SECURITY OF THE WEBSITE, OUR PERFORMANCE OF, OR FAILURE TO PREFORM, OBLIGATIONS IN CONNECTION WITH THE TERMS OF USE AND THE WEBSITE, OR THE AVAILABILITY, RELIABILITY, ACCURANCY, TIMELINESS, OR QUALITY OF THE WEBSITE.

if the limitation or exclusion of warranty set forth above is held inapplicable or unenforceable for any reason, our parties’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS SHALL NOT EXCEED $100 USD.

Indemnification

You agree to indemnify, defend and hold Us harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost, and expense (including attorneys’ fees), brought by any third party in connection with or arising out of content, data, or information that you submit, post to, or transmit through the Website, your access to and use of the Website, your violation of these Terms of Use, your violation of any applicable law, regulation or any other legal requirements, or your violation of any rights of another.  We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder.  All rights and duties of indemnification that are set forth herein shall survive termination of these Terms of Use.

Linked Websites

Certain hyperlinks may be provided on the Website that link to other websites or social media platforms that are not under our control (the “Linked Websites”).  We do not endorse or sponsor any Linked Websites and are not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites.  We disclaim all liability arising in connection with such Linked Websites, and makes no representations or warranties with respect to any products or services made available through any Linked Websites.  Your use of Linked Websites is subject to the terms and conditions and privacy policies of such Linked Websites.

Disclaimer of Third Party Information

To the extent that any information, material, or functionality on the Website is provided by third party content providers (“Third Party Materials”), we have no responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. We do not represent or endorse the accuracy or reliability of any information provided by any third party (including any Submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with us.

Governing Law/Jurisdiction/Claims Limitation

These Terms of Use shall be governed by and construed under the laws of the State of Georgia, without regard to conflicts of laws. You hereby expressly consent to the exclusive jurisdiction of the state and federal courts sitting in Fulton County, Georgia for resolution of any matters related to Terms of Use or otherwise related to your access to and use of the Website.

Where permitted by law, any legal action brought by you that arises out of or relates to these Terms of Use or your access to and use of the Website must be commenced within one year after the cause of action arises.

General

These Terms of Use constitute the entire agreement with respect to your access to and use of the Website.  You agree that you shall not contest the admissibility or enforceability of our copy of these Terms of Use in connection with any action or proceeding arising out of or relating to these Terms of Use.  To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.  Any waiver of a provisions contained in these Terms of Use by us shall not be deemed to be a waiver of any other provision of these Terms of Use.  Any rights not expressly granted herein are reserved.

Last Updated: July 2021; version 1.