Agreement between User and www.pavementsalesman.com
Welcome to www.pavementsalesman.com. The www.pavementsalesman.com website (the "Site")
is comprised of various web pages operated by Pavement Salesman LLC.
www.pavementsalesman.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
www.pavementsalesman.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
www.pavementsalesman.com is an E-Commerce Site.
We are an estimation tool for your clients to use and enhance their experience on your website.
We do not increase traffic to your website or guarantee our measurement tools are exactly
accurate. We are also not liable for the work being done satisfactorily.
Visiting www.pavementsalesman.com or sending emails to Pavement Salesman LLC constitutes
electronic communications. You consent to receive electronic communications and you agree that
all agreements, notices, disclosures and other communications that we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communications be
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that Pavement Salesman LLC is not
responsible for third party access to your account that results from theft or misappropriation of
your account. Pavement Salesman LLC and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Pavement Salesman LLC does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use www.pavementsalesman.com
only with permission of a parent or guardian.
You may cancel anytime. The refund will be prorated back to you for days of use. There is no
cancellation fee, but all of your leads and settings will be erased and unrecoverable after 30 days of non-payment. It is your responsibility to remove the Pavement Salesman link from your website immediately upon cancellation. The service will still be available for your clients to use for 30 days, but access to the lead information will be restricted until renewal.
Links to Third Party Sites/Third Party Services
www.pavementsalesman.com may contain links to other websites ("Linked Sites"). The Linked
Sites are not under the control of Pavement Salesman LLC and Pavement Salesman LLC is not responsible
for the contents of any Linked Site, including without limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. Pavement Salesman LLC is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by Pavement
Salesman of the site or any association with its operators.
Certain services made available via www.pavementsalesman.com are delivered by third party sites
and organizations. By using any product, service or functionality originating from the
www.pavementsalesman.com domain, you hereby acknowledge and consent that Pavement
Salesman may share such information and data with any third party with whom Pavement
Salesman has a contractual relationship to provide the requested product, service or functionality
on behalf of www.pavementsalesman.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
your use of the Site, you warrant to Pavement Salesman LLC that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner
which could damage, disable, overburden, or impair the Site or interfere with any other party's use
and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of Pavement Salesman LLC or
its suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
Pavement Salesman LLC content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of Pavement Salesman LLC and the copyright owner. You agree that you do not acquire
any ownership rights in any protected content. We do not grant you any licenses, express or
implied, to the intellectual property of Pavement Salesman LLC or our licensors except as expressly
authorized by these Terms.
The Service is controlled, operated and administered by Pavement Salesman LLC from our offices
within the USA. If you access the Service from a location outside the USA, you are responsible
for compliance with all local laws. You agree that you will not use the Pavement Salesman LLC Content
accessed through www.pavementsalesman.com in any country or in any manner prohibited by any
applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Pavement Salesman LLC, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
Pavement Salesman LLC reserves the right, at its own cost, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you, in which event you will fully cooperate
with Pavement Salesman LLC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or
concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or
otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved
only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single
neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration
service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's
award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the
event that any legal or equitable action, proceeding or arbitration arises out of or concerns these
Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and
Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree
that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The
entire dispute, including the scope and enforceability of this arbitration provision shall be
determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and Pavement Salesman LLC agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. PAVEMENT SALESMAN LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
PAVEMENT SALESMAN LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
PAVEMENT SALESMAN LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PAVEMENT SALESMAN LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF PAVEMENT SALESMAN LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Pavement Salesman LLC reserves the right, in its sole discretion, to terminate your access to the Site
and the related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Nevada and you hereby
consent to the exclusive jurisdiction and venue of courts in Nevada in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and Pavement Salesman LLC as a result of this agreement or use of the Site. Pavement Salesman LLC's
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Pavement Salesman LLC's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the Site or information
provided to or gathered by Pavement Salesman LLC with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable pursuant to applicable law including, but
not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and Pavement Salesman LLC with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
Pavement Salesman LLC with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pavement Salesman LLC reserves the right, in its sole discretion, to change the Terms under which
www.pavementsalesman.com is offered. The most current version of the Terms will supersede all
previous versions. Pavement Salesman LLC encourages you to periodically review the Terms to stay
informed of our updates.
Pavement Salesman LLC welcomes your questions or comments regarding the Terms:
Pavement Salesman LLC
7325 B Blair Barry
Las Vegas, Nevada, Nevada 89113
Effective as of August 01, 2017