Terms of Use

THIS IS A LEGAL AGREEMENT. IT IS IMPORTANT THAT YOU READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, YOU MUST DISCONTINUE YOUR USE OF THE WEBSITE.

Welcome to barkmanconcrete.com, (collectively, including all content and functionality available through the barkmanconcrete.com domain name, the “Website”). Please read these terms and conditions (this “Agreement”) carefully as they govern your access and use of the Website, and the services available via the Website. Please note that your use of the Website constitutes your agreement to follow and be bound by the terms of this Agreement. If you do not agree to this Agreement, please do not use this Website. Barkman Concrete Ltd. (“Barkman”) may revise this Agreement at any time, at its sole discretion, by posting an amended Agreement on the Website. Any changes that Barkman makes to this Agreement will be effective immediately upon posting.

  1. Ownership. The Website and all of its information and contents, such as data, sound, messages, graphics, software, images, photographs, the HTML used to generate the pages, design, all text, graphics, content, video, audio and the selection and arrangement thereof (collectively, “Materials and Content“), is the property of Barkman and its licensors and is protected under applicable patent, copyright and/or trademark law. The names and logos identifying the Website and its services are either trademarks of Barkman or trademarks which Barkman is licensed to use. Materials and Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, republished, transferred, modified, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Barkman. Barkman reserves all rights not expressly granted in and to the Website and the Materials and Content. To request permission to use any of the Materials and Content, please contact Barkman at Marketing@BarkmanConcrete.com
  2. Permitted and Prohibited Uses. The Materials and Content may not, in whole or in part, be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Barkman, except that you may download, display and print the content presented on the Website for your personal, non-commercial use only. Unauthorized use of the Website and/or the Materials and Content contained on the Website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the Website. The use of such content on any other web site or in any environment of networked computers is prohibited.
  3. Termination. Barkman shall be entitled to terminate your permission to use the Website and/or shall be entitled to terminate the operation of the Website at any time, without notice or liability to you or any other person. Barkman may, in its sole discretion, modify, change, suspend or terminate, temporarily or permanently, the Website or any part of it at any time, for any reason, without any notice or liability to you or any other person.
  4. Your Conduct. You warrant and undertake that in your use of the Website you shall:
    1. use the Website only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Website by, any third party;
    2. not engage in any conduct which is unlawful, which may harass or cause distress or inconvenience to any person or which may promote an illegal activity, racism, bigotry, hatred or physical harm of any kind against any group or individual;
    3. not engage in any conduct which is fraudulent, deceptive, threatening, abusive, harassing, pornographic, tortious, defamatory, vulgar, obscene, libelous, scandalous, offensive to public morals, or other conduct which Barkman finds, in its sole discretion, to be objectionable;
    4. not use the Website for any commercial use, without the prior written authorization of Barkman. To request written authorization, please contact Barkman at Marketing@BarkmanConcrete.com;
    5. not collect or harvest any personally identifiable information, or any other information, from the Website;
    6. not interfere in any way with the Website’s or Barkman’s networks or network security, or attempt to use the Website’s service to gain unauthorized access to any other computer system;
    7. not access data that is not intended for you;
    8. not log on to a Barkman server or account, unless you have been authorized to access same;
    9. not probe, scan or test the vulnerability of a system or network or breach or attempt to breach security or authentication measures;
    10. not interfere with the operation of the Website, Barkman’s provision of services to any other visitors to the Website, Barkman’s hosting provider or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “mailbombing” or “crashing” the Website; launch any automated system, such as “robots,” “spiders,” or “offline readers,” that access the Website in a manner that send numerous request messages to the Barkman servers in a given period of time;
    11. not access the Website to develop any software or other technology having the same primary function as the Website, including but not limited to using the Website in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Website;
    12. not forge any TCP/IP packet header or any part of the header information in any e-mail or transmission; and
    13. use current virus monitoring software when using the Website.

    Violations of system or network security may result in civil or criminal liability. Barkman will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations.

  1. DISCLAIMER. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATION, TERM, CONDITION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED (AND WHETHER IMPLIED BY LAW, CUSTOM OR OTHERWISE). BARKMAN AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND THEIR RESPECTIVE AGENTS DISCLAIM ALL REPRESENTATIONS, TERMS, CONDITIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OF THE WEBSITE, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BARKMAN DOES NOT WARRANT THAT THE WEBSITE MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BARKMAN MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
  2. EXCLUSION OF LIABILITY. NEITHER BARKMAN NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY BARKMAN OR ANY PERSON FOR WHOM BARKMAN IS RESPONSIBLE EVEN IF BARKMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
  3. EXCLUSIVE REMEDY. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF BARKMAN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY, REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH), ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE WEBSITE SHALL BE $1.
  4. Indemnification. You agree to indemnify, defend, and hold harmless Barkman, its affiliates, licensors, suppliers, advertiser or sponsors and their respective directors, officers, employees, consultants, agents, or other representatives from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions.
  5. Linking, Framing and Data Mining. Barkman makes no representations whatsoever about any other websites which you may access through the Website or which may link to the Website. Links to the Website without the express written permission of Barkman are strictly prohibited. When you access any other website you understand that it is independent from Barkman and that Barkman has no control over the content or availability of that website. In addition, a link to any other site does not mean that Barkman endorses or accepts any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offense caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. The framing, mirroring, scraping, harvesting or data-mining of the Website or any of its content in any form and by any means is strictly prohibited.
  6. Entire Agreement. This Agreement as well as Barkman’s Privacy Policy shall constitute the entire agreement of the parties in relation to the use of the Website, and this Agreement supersede any other agreements between the parties in this matter. All other terms, conditions, warranties or other stipulations concerning the Website whether express or implied by common law or under statute are excluded to the fullest extent permitted by law.
  7. Severability. If any of term or condition of this Agreement should be determined to be illegal, invalid or otherwise unenforceable, then to the extent such term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from this Agreement and the remaining Agreement shall survive, remain in full force and effect and continue to be binding and enforceable.
  8. Amendments and Waivers. No amendment or waiver of any provision of this Agreement shall be binding on either party unless consented to in writing by such party. No waiver of any provision of this Agreement shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless otherwise provided.
  9. Force Majeure. Barkman shall not be liable for any breach of this Agreement by it to the extent that such breach arises from any act of God, war, national emergency, act of terrorism, riot, civil commotion, fire, explosion, flood, storm, epidemic, power outage, fuel shortage or any other similar cause beyond the reasonable control of Barkman.
  10. Applicable Law. This Agreement shall be construed, interpreted and enforced in accordance with, and the respective rights and obligations of the parties shall be governed by, the laws of the Province of Manitoba and the federal laws of Canada applicable therein, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of such province and all courts competent to hear appeals therefrom.
  11. Cookies. Barkman may use Cookies to keep track of log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in any promotions. If you do not accept Cookies your use and enjoyment of this Website may be affected.
  12. Language. The parties hereto have expressly requested that this Agreement and all related documents be drafted in English. Les parties aux présentes ont expressément requis que les présentes et tout document y affèrent soient rédigés en langue anglaise.