Terms of Use | SafeExcavatorPro

Terms and Conditions of Use

Last updated August 21, 2019

Terms and Conditions of Use.

By visiting safeexcavator.wpengine.com (the “Website”) and using the associated Safe Excavator Pro mobile application (the “App”), you agree to these Terms and Conditions of Use. If you do not wish to be bound by these Terms and Conditions of Use, you may not use the Website or App and must immediately cease all use. Please read these Terms and Conditions of Use carefully.

Usage Regulations.

The Website and App are made available for information purposes only. You may display, download, reformat and print information from the Website and App only for your own personal, non- commercial use. You may not sell, re-publish, distribute or display any Content (as defined under Copyrights and Trademarks below) or other material from the Website and App for any other purpose. All such uses are strictly prohibited without Sander Resources, L.L.C.'s (“Sander”) express prior written consent, and such consent may be given or withheld in its discretion. The Website and App may contain other proprietary notices and limitations, the terms of which must be observed and followed. You agree that you will not in any way modify, move, add to, delete from or tamper with any Content or feature of the Website and App or interfere in any way with their proper functioning. Sander reserves the right to suspend or terminate access to the Website and App by anyone who violates these Terms and Conditions of Use or any applicable law or whose conduct is harmful to the interests of Sander or other users of the Website and App with or without prior notice to any such user.

Security.

You are prohibited from using any services or facilities provided in connection with the Website and App to compromise security or tamper with system resources or accounts. The use or distribution of tools designed for compromising security are strictly prohibited. If you become involved in any violation of system security, Sander reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Sander will fully cooperate with any law enforcement authorities or order validly issued by a court, not subject to further appeal, requesting or directing Sander to disclose the identity of anyone. By using the Website and by accepting these Terms and Conditions of Use, you waive and hold harmless Sander Resources, L.L.C. and its employees, agents, or affiliates (collectively, the "Sander Parties") from any claims resulting from any action taken by Sander during or as a result of its investigations, or from any actions taken as a consequence of investigations by law enforcement authorities.

Third-Party Content and Links.

The Website and App may include information provided by Third Parties, including opinions and advice of experts in different fields. Sander is not responsible for the opinions, statements, or other information provided by Third Parties. The Website and App may include hyperlinks that will take you out of the Website or App to the website of Third Parties. All links to websites of Third Parties are provided for your convenience only. Sander does not control the content or operation of any linked websites of Third Parties, and Sander disclaims any responsibility for any information provided on any linked website. Neither the publication of content on, by, or through, nor links to websites of Third Parties constitutes an endorsement of Third Parties or their products or services by Sander.

Disclaimer of Advice.

The Content on this Website and App are provided for informational purposes only and is not intended to be a substitute for professional or safety advice. At any time you have questions regarding a specific situation, you should seek the advice of a professional. None of the Content of this Website or App are intended to be relied upon for construction or performance of jobs, including without limitation, excavation. None of the Content of this Website or App are intended to be relied upon for the appropriate personal protective equipment, tools or accessories for a particular job, including without limitation, excavation. None of the Content of this Website or App are intended to be relied upon for safety advice. You should never delay seeking professional or safety advice, or disregard professional or safety advice, due to any Content of this Website or App. You should always assure that you are taking the appropriate safety precautions in performing any job or project, including without limitation, excavation. Any opinions expressed on this Website or App are the opinions of the authors and Sander assumes no liability for the Content of any materials provided on the Website or App. Reliance upon any opinion or advice provided on the Website or App is at your own risk. Use of the Website and App do not does not take the place of any obligation(s) the user(s) may have under applicable law. Sander assumes no liability or responsibility for damage or injury to person or property arising from any use of any service, information or instruction contained on, or linked to, this Website and App.

Privacy.

Information entered into the Website and App by user will not be provided to Third Parties, except in an aggregated, anonymized fashion without the user’s express prior consent. Please review Sander's Privacy Policy for further information about the use of information collected through the Website and App.

Copyright and Trademarks.

All content on the Website, including text, graphics, logos, button icons, images, video clips and audio clips (collectively “Content”), the compilation of the Content (meaning its collection, arrangement and assembly) and all software used on or in the Website are the property of Sander Resources, L.L.C. or Third Parties that have licensed Content and software for use on the Website and App. All Content and software are protected by U.S. and international copyright laws. All Content and other copyrightable material may be used only as provided in these Terms and Conditions of Use. The names, trademarks, service marks and logos (collectively, “Trademarks”) used and displayed on the Website are registered or unregistered trademarks of Sander Resources, L.L.C, or Third Parties that have licensed the Trademarks for use on the Website. The 811 logo is the property of the Common Ground Alliance and is made available pursuant to its Terms of Use. No license is granted for any further use of any Trademarks. All rights not expressly granted in these Terms and Conditions of Use are reserved.

Linking and Framing.

Without the prior written permission of Sander, you may not frame, or make it appear that a website of Third Parties is presenting or endorsing, any of the Content of the Website or App, or incorporate any intellectual property of Sander or any of its licensors into another website or other service.

Release and Waiver; Indemnification.

You acknowledge that Sander will rely on the foregoing Terms and Conditions at substantial cost, and you hereby waive the right to assert any claim of any nature whatsoever against any party relating to the exercise of the rights and permissions granted hereunder. Should Sander be presented with a request or demand from a law enforcement agency having jurisdiction, or a validly- issued order from a court with jurisdiction, Sander shall timely inform the party or parties affected thereby. To the extent you do not wish your information produced in response to such request, demand, or order, you agree to assume the cost of defense against same. You further agree to indemnify Sander and its employees, agents, or affiliates (collectively, the "Sander Parties") for all costs in resisting such request, demand, or order on your behalf, and hold the Sander Parties harmless with respect to all claims arising out of such request, demand, or order.

Limitation of Liability; Disclaimers and Waivers.

Your use of the Website and App are at your own risk. The Website and App, as well as all the Content, materials, information, software, and other content on the Website and App are provided “AS IS” and without warranties of any kind, either express or implied. Sander makes no representations or warranties of any kind, express or implied, as to the operation of the Website and App, or the Content or other information and materials included on the Website and App.

To the fullest extent permitted by applicable law, Sander disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, or any warranty that the Website and App will operate uninterrupted or error free. Sander does not warrant that the functions contained in the Website and App will be available, uninterrupted or error-free, that defects will be corrected, or that the Website and App, or the services that make the Website and App available are free of viruses or other harmful components. Sander does not warrant or make any representations regarding the use or the results of the use of the material, information, software, services, or other Content on the Website and App, or any sites linked to the Website and App in terms of their correctness, accuracy, reliability, or otherwise. Sander makes no warranties that your use of the materials on the Website and App, information, software, facilities, service or Content will not infringe the rights of others and Sander assumes no liability or responsibility for errors or omissions in the materials on the Website, information, software, facilities, Forums, service or Content.

Sander provides information on state damage prevention laws as a courtesy to stakeholders and the broader excavation community. To the best of Sander's knowledge, it is the current text of existing law; however, you and all interested parties, as a matter of law, have an independent obligation to be aware of the law and its provisions, and to assure yourself that you are satisfied that the text as shown is both correct and current. Sander makes no representations, express or implied, that the text provided is verbatim, correct, or current.

In the event of any final determination that you are entitled to damages as a result of, or in connection with, your use of the Website and the App, Sander shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100.00 in the aggregate.

SANDER EXERCISES NO CONTROL OVER THE ACTIONS OF THE 811 SYSTEM. UNDER NO CIRCUMSTANCES WILL SANDER BE LIABLE FOR ANY LOSSES OR DAMAGES IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE WEBSITE OR ANY CONTENT INCLUDED ON THE WEBSITE, OR FOR ANY CLAIM ARISING IN CONNECTION WITH ANY USE OF THE 811 SYSTEM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILTY OR OTHER LEGAL THEORIES, AND WHETHER SUCH DAMAGES ARE CHARACTERIZED AS GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, EVEN IF SANDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If you are dissatisfied with the Website or App, or any Content on the Website or App, or any provision of the Terms and Conditions of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue using the Website and App.

Modification; Waiver of Terms.

The Website and App and their Content may be changed, eliminated or updated without prior notice. Sander also may make changes to these Terms and Conditions of Use and any Website and App-related policies, rules or guidelines at any time. Revised terms will be effective when posted to the Website or App unless otherwise provided by Sander in the revision. Your continued use of the Website or App after new Terms and Conditions of Use or any revised policies, rules or guidelines are posted constitutes your agreement to abide by the revised terms. No waiver of any breach of the Terms and Conditions of Use, the Privacy Policy, or any other rules or guidelines shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions of the Terms and Conditions of Use, the Privacy Policy, or any other rules or guidelines, and no waiver of any provision shall be effective unless made in writing and signed by an authorized representative of Sander.

Texas Law.

This Website and App are created and maintained in the State of Texas, USA. As such, the laws of the State of Texas govern these Terms and Conditions of Use without giving effect to any principles of conflicts of laws that would allow for the law of any other jurisdiction to be applied. In the event of any dispute relating to the Website and App, you consent to the personal jurisdiction of courts (state and federal) sitting in the State of Texas acknowledge that venue is only proper in the courts in Travis County, Texas and waive any objection you may have in the future with respect to any of the foregoing. Any claim or action that any party may have arising from or related to use of the Website, App, or the 811 System must be filed within one (1) year after the claim or cause of action arises. Any claim or action not filed within such time will be forever barred.

Use of the Website and App are not authorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions of Use or the Privacy Policy, including, but not limited to, disclaimers and limitations of liability. In the event any provision of these Terms and Conditions of Use or the Privacy Policy is determined to be invalid or unenforceable in any jurisdiction, the remaining terms shall continue in full force and effect in that jurisdiction, and a determination of invalidity or unenforceability in one jurisdiction shall not affect the Terms and Conditions of Use or the Privacy Policy in any other jurisdiction.

Entire Agreement.

These Terms and Conditions of Use and Privacy Policy constitute the entire agreement between Sander and you with respect to the Website and App. No prior or current agreements or communications between the parties will have any effect as part of this agreement or as a separate continuing agreement.

Contacting Us.

You may contact us at the following address: info@safeexcavatorpro.com.

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