For Superior Gunite's Website
Use of the website operated by Shotcrete, and its affiliates (collectively, “Superior Gunite,” “Shotcrete,” “The company,” “we,” “us,” “our”) with home pages located at https://shotcrete.com/home, any related apps that Shotcrete may provide, together with all products and services Shotcrete may offer from time to time via Shotcrete website and/or related apps, Shotcrete related social media sites and pages (for example, on Instagram, Pinterest, Twitter, and Facebook), or otherwise through your interactions with Shotcrete (the website, apps, products, services, and social media pages, collectively, the “Services”) are subject to the terms and conditions stated herein “Terms and Conditions.”
By your use of the Services you agree to these Terms and Conditions, and you certify that you are 18 years old or older and are able and competent to give Shotcrete rights as detailed in these Terms and Conditions and to comply with these Terms and Conditions. The Services are not intended for individuals under the age of 18.
Shotcrete reserves the right to refuse service and/or prohibit or terminate access to the Services, in whole or in part, for any or no reason, at any time in its sole discretion, with or without notice to you. Further, your breach of these Terms and Conditions may jeopardize your continued use of the Services and may result in the cancellation of your access to Services provided by us, among other penalties.
THE USE OF ANY ROBOT, SPIDER, OR OTHER AUTOMATIC DEVICE OR SOFTWARE IN CONNECTION WITH THE SERVICES IS STRICTLY PROHIBITED. IN THE EVENT WE REASONABLY DETERMINE THAT ANY ACTION OR ATTEMPTED ACTION WAS MADE BY OR THROUGH USE OF ANY ROBOT OR OTHER AUTOMATIC DEVICE OR SOFTWARE, WE HAVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO DENY OR CANCEL ANY ACCESS TO OUR SERVICS TO REFUSE TO ACCEPT ANY REFUNDS.
BY USING THE SERVICES, YOU AGREE TO ARBITRATE DISPUTES AGAINST SHOTCRETE IN YOUR INDIVIDUAL CAPACITY IN ACCORDANCE WITH THE “Arbitration; Class Action Waiver; Jury Trial Waiver; Enforcement of Terms and Conditions; Governing Law” SECTION BELOW AND YOU ARE WAIVING YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Terms and Conditions Updates
Shotcrete reserves the right, at any time and without notice, to add to, change, update, or modify these Terms and Conditions simply by posting such addition, change, update, or modification on the Services. Any such change, update, or modification will be effective immediately upon posting on the Services. We suggest that you check these Terms and Conditions periodically for changes.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by Superior Gunite or by other parties that have licensed their material to us. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without The Superior Gunite’s express written consent. All rights not expressly granted are reserved.
Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Superior Gunite.
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Superior Gunite, and that in the event of an unauthorized use Superior Gunite shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT SUPERIOR GUNITE AND ITS AFFILIATES AND SUBSIDIARIES (COLLECTIVELY ” SUPERIOR GUNITE “) ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELSHOTCRETET INFORMATION AVAILABLE ABOUT THE SUPERIOR GUNITE OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES. PRIOR TO MAKING AN INVESTMENT DECISION RELATED TO SUPERIOR GUNITE, PLEASE CONSULT AVAILABLE SOURCES.
SUBMISSIONS AND USE OF THIS SITE
You agree not to introduce a virus or other harmful component, or otherwise tamper with, impair or damage the Site, or interfere with any person or entity’s use or enjoyment of the Site. You agree that you are and shall remain solely responsible for the content of any submissions that you may make to this Site, and that you will not submit material that are unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
Superior Gunite does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or menu items, product enhancements, processes, recipes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Superior Gunite’s products or marketing strategies might seem similar to ideas submitted to Superior Gunite. So, please do not send your unsolicited ideas to Superior Gunite or anyone at Superior Gunite.
If, despite our request that you not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission. You agree and warrant that: (1) the submission will immediately become the sole and exclusive property of Superior Gunite without compensation to you or any other person or party; (2) Superior Gunite will consider the submission to be non-confidential and non-proprietary; (3) Superior Gunite shall have no obligations concerning the submission, including but not limited to, no obligation to return any materials or acknowledge receipt of any submission; (4) Superior Gunite may use or redistribute the submission or its content for any purpose and in any way it chooses; and (5) the submission does not contain trade secrets or proprietary information owned by another. You agree to execute any documents required by Superior Gunite to confirm such rights.
PRODUCT SALES AND AVAILABILITY
All prices displayed on this Site are in U.S. Dollars for office locations in the United States of America. Superior Gunite reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on at its location(s) or listed on its site.
Some embedded content or links on this Site will redirect you to sites not under the control of Superior Gunite. The appearance of embedded content or a link on this Site does not imply The Superior Gunite’s support or endorsement, nor is Superior Gunite responsible for the quality, content, nature or reliability of information found on any embedded content or linked site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk.
THIRD-PARTY ADVERTISEMENTS AND PROMOTIONS
Superior Gunite may display advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Superior Gunite is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such third-party information on the Site.
PRIVACY AND COOKIES
MODIFICATIONS TO THE SITE
Superior Gunite reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Superior Gunite will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of California and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney’s fees and costs.
You agree to indemnify, defend and hold harmless Superior Gunite, and its officers, directors, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, SUPERIOR GUNITE MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
Superior Gunite does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Superior Gunite is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. The Site may contain links or information which includes press releases or forward-looking statements as defined by the U.S. Private Securities Litigation Reform Act of 1995. The information contained within any press releases issued by Superior Gunite should not be deemed accurate or current except as of the date the release was posted. Any forward-looking statements on or available through this Site are based on Superior Gunite’s expectations as of the date such forward-looking statements are made and are neither predictions nor guarantees of future events or circumstances. Superior Gunite assumes no obligation to update any of these forward-looking statements and assumes no liability for any inaccuracies or incorrect predictions in the forward-looking statements. To the extent any information from this Site is forward-looking, it is intended to fit within the safe harbor for forward-looking statements. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY
SUPERIOR GUNITE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. SUPERIOR GUNITE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF SUPERIOR GUNITE IS NEGLIGENT OR IF SUPERIOR GUNITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL SUPERIOR GUNITE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ITS REASONABLE CONTROL. SUPERIOR GUNITE’S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provision
Failure or delay by Superior Gunite to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver by Superior Gunite of any provision shall be deemed to have been made unless made in writing.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please CONTACT US (with “California Resident Request” as the Subject Line), call us at (818) 896-9199, or email us at info@Shotcrete.com. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.
You may contact us at by using the information provided on our Contact Us page.
Updated: May 10th, 2022