Martins Excavation Terms of Service
1. All services provided by Martins Excavation are subject to these Terms of Service (the "Terms"). By using our services, you agree to be bound by these Terms. If you do not agree with any of the terms in this agreement, you must not use our services or access our website.
2. Martins Excavation reserves the right at all times to alter, modify, or amend any part of these Terms without notice to users. You are responsible for regularly reviewing the Terms so that you can familiarize yourself with any changes which may have been made. The continued use of our services following any changes will constitute your consent to such changes.
3. Our services are offered only for limited purposes and are not intended for commercial or business use unless expressly agreed otherwise between the user and Martins Excavation in writing. If misuse of our services is detected, then we reserve the right to suspend or terminate an account immediately without notice.
4. We reserve the right to refuse service to anyone at any time for any reason without explanation.
5. We reserve the right to update or change product features at any given time without providing prior notification of such changes and/or updates; however, we will attempt to provide reasonable notice when possible via email communication and/or website postings regarding major updates/changes within a reasonable timeframe from their effective date(s).
6. In order to access certain content on the site, you may be required to provide accurate information about yourself when requested by Martins Excavation, including but not limited to your full name, address, phone number, and email address, as well as a valid form of payment if applicable ("Required Information"). You guarantee that all Required Information is current, correct, and complete and that you will keep it so at all times while using our services through this website.
7. As a condition of using our service through this website, you understand that the Required Information may be used for billing purposes as well as occasional promotional emails sent from us about new products or special offers which we think may be beneficial for you based on your prior usage history with us. However, if you would prefer not to receive promotional emails from us, then there is an opt-out option found within each communication sent out from us, which allows users who do not wish to receive additional correspondence from us to easily remove themselves from future mailings.
8. Martins Excavation shall have no responsibility for any damages suffered by users as a result of their own failure in complying with the terms set forth herein or those caused by their own negligence or due to their non-compliance herewith; however, we shall make reasonable efforts in accordance with generally accepted practices to resolve issues caused by user error whenever feasible upon being notified thereof by said user(s).
9. You acknowledge and agree that Martins Excavation shall not be liable for any direct, indirect, incidental, consequential, or exemplary damages resulting from its performance hereunder, including but not limited to loss of profits arising out of breach or termination thereof, even if advised beforehand about potential damages which may result directly or indirectly due thereto or related thereto, regardless of whether such liability is based upon contract, tort, otherwise, including strict liability, negligence, gross negligence, strict product liability, strict liability under consumer protection laws, etc.; however, Martins Excavation does pledge its best efforts towards resolving customer disputes amicably whenever possible and feasible.
10. These Terms shall be governed exclusively by applicable state law without regard for principles governing conflict-of-laws matters and/or choice-of-laws matters; provided further, though that in cases where there is no applicable state law governing the same, then either federal law shall apply.