Terms of service

Terms and Conditions

These terms and conditions (“Terms and Conditions”) govern your use of the website [BORROW PIT WEBSITE] (“Website”), which provides a platform for connecting buyers and sellers interested in [buying and selling construction soil and aggregates including but not limited to, soil, dirt, millings, crushed concrete, clay, aggregates and dump space]. Please read these terms and conditions carefully before accessing or using the Website. By accessing or using the Website, you (the “User” or “You”) agree to be bound by these Terms and Conditions.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. YOUR CONTINUED USE OF THE WEBSITE AFTER AMENDMENTS ARE POSTED CONSTITUTES AN ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS AS MODIFIED. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE WEBSITE, AS SUCH ACCESS AND/OR USE IS PROHIBITED AND UNAUTHORIZED.

THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS AND USE OF (A) THE WEBSITE AND ANY SOFTWARE, MOBILE APPLICATIONS, PRODUCTS, DEVICES OR OTHER SERVICES ON WHICH THESE WEBSITE TERMS AND CONDITIONS APPEAR.

These Terms and Conditions were last updated on August 11, 2023.

Disclaimer of Warranties

THE WEBSITE IS PROVIDED BY BORROW PIT, LLC, A TEXAS LIMITED LIABILITY COMPANY (THE “COMPANY”, “WE” OR “US”), ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THEREFORE THE ABOVE-REFERENCED EXCLUSION IS INAPPLICABLE IN ANY SUCH JURISDICTIONS.

WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS; THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE WEBSITE.

IN ADDITION, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS DEPICTED OR LISTED ON THE WEBSITE, AND THE COMPANY DISCLAIMS ALL WARRANTIES WITH REGARD TO SUCH PRODUCTS TO THE GREATEST EXTENT ALLOWED UNDER APPLICABLE LAW.

Limitation of Liability

THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO THE USE OF OUR WEBSITE OR PRODUCTS DEPICTED OR LISTED ON OUR WEBSITE, AND IN PARTICULAR, WITHOUT LIMITING THE FOREGOING, THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO SUCH PRODUCTS, THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE IN ANY SUCH JURISDICTIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY VIRUSES, WORMS, DEFECTS, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE; AND/OR (VII) THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

Indemnification

USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY, ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF USER’S USE OF THE WEBSITE, THE VIOLATION OF THIS AGREEMENT, OR INFRINGEMENT BY USER OF ANY INTELLECTUAL PROPERTY OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY.

Modifications and Interruption to the Website

The Company reserves the right to modify or discontinue the Website with or without notice to the User. The Company shall not be liable to User or any third party should the Company exercise its right to modify or discontinue the Website. User acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Use of the Website

1. Eligibility: You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Website.
2. User Account: Certain features or functionalities on the Website may require you to register an account with the Company. When you do, we may ask you to provide certain registration details or other information about yourself, including your name, company name, email address, physical address and phone number. All such information is subject to our Privacy Policy. Once you have an account, you are responsible for all activities that occur in connection with your account. You will treat as confidential your account access credentials and will not to disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. You agree to be liable for any unauthorized use of such credentials due to your breach of the restrictions set forth in this section.By creating an account, you agree that you may receive communications from us, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email. You may not impersonate someone else to create an account, create or use an account for anyone other than yourself or your company, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Website and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason.
3. Content: You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Website. You understand that we do not control, and are not responsible for Content made available through the Website, and that by using the Website, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge that we do not pre-screen or approve Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse, delete or move any Content that is available via the Website, for violating the letter or spirit of these Terms and Conditions or for any other reason.
4. Paid Postings: We charge a fee to post Content on the Website. The fee is an access fee permitting Content to be posted in a listing. Each party posting Content to the Website is responsible for said Content and compliance with these Terms and Conditions. All fees paid will be non-refundable in the event that Content is removed from the Website for violating these Terms and Conditions.
5. Limitations: You acknowledge that we may establish limits concerning use of the Website, including the maximum number of days that Content will be retained by the Website, the maximum number and size of listings, email messages, or other Content that may be transmitted or stored by the Website, and the frequency with which you may access the Website. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Website. You acknowledge that we reserve the right at any time to modify or discontinue the Website (or any part thereof) with or without notice, and that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
6. Termination: You agree that we, in our sole discretion, have the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Content within the Website, for any reason, including, without limitation, if we believe that you have acted inconsistently with the letter or spirit of these Terms and Conditions. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination. Sections 1-4, 6, 10 and 12 shall survive termination of these Terms and Conditions.
7. Prohibited Activities: You agree not to engage in any of the following prohibited activities:
   1. To violate any applicable federal, state, local, or international law or regulation, or these Terms and Conditions or any other rules or policies posted by us on the Website;
   2. To use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record information on the Website;
   3. In a manner that impacts (1) the stability of our servers, (2) the operation or performance of the Website or any other User’s use of the Website, or (3) the behavior of other applications using the Website;
   4. To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which (1) contains defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable material, or (2) infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of any other entity;
   5. To reverse engineer any portion of the Website;
   6. In competition with us, to develop competing products or services, or otherwise to our detriment or commercial disadvantage;
   7. To remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
   8. To record, process, harvest, collect, or mine information about other users;
   9. To transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature;
   10. To remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Website;
   11. To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or otherwise attempt to interfere with the proper working of the Website.
   12. To advertise any material (dirt, aggregate, etc) that contain any contaminates that would be deemed harmful to the environment by the Environmental Protection Agency or any other governing authority whether local or national.

Communications Through the Website

The Website has a live chat feature, where you can communicate with us to obtain more information regarding the Website, the products depicted on the Website or the Company. These communications are informative only and are not confidential. We are free to use any ideas, concepts, know-how, content or techniques contained in your communications to us for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information. The information shared in the live chat feature is subject to the Disclaimer of Warranties and Limitation of Liability set forth above.

Third-Party Sites

The Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We require all Users to review said privacy policies of third-parties’ sites prior to using such third-party sites.

Monitoring, Tracking, and Recording

Your use of the Website may be monitored, tracked, and recorded. By using the Website, you expressly consent to such monitoring, tracking and recording. You agree that we may use data generated from such monitoring, tracking and recording for statistical analysis of access and use trends, for the purpose of making improvements to the Website, and similar purposes, and may disclose such data in aggregate form as long as it does not identify you individually. Our vendors and professional service providers may also have access to such data solely for the purpose of providing services to the Company and in line with their ordinary course of business.

International Users

If you use the Website from a location outside of the United States, your connection will be through and to servers located in the United States and any information you provide will be processed and maintained in our web servers and internal systems located within the United States. By using the Website, you authorize the export of such information to the United States and its storage and use as specified above when you provide such information.

Governing Jurisdiction of the Courts

The Website is operated and provided in the State of Texas, United States of America. As such, we are subject to the laws of the State of Texas, and such laws will govern this Agreement and any disputes arising in connection herewith, without giving effect to any choice of law rules. Accordingly, if you choose to access our Website, you agree to do so subject to the internal laws of the State of Texas. We make no representation that our Website or other services are appropriate, legal or available for use in other locations.

Compliance with Laws

User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use the Website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Copyright and Trademark Information

All content included or available on this Website, including site design, text, graphics, interfaces, and the selection and arrangements thereof is the property of the Company and/or third parties protected by intellectual property rights. Any use of materials on the Website, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of the Company is strictly prohibited. User agrees that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of the Company. User may not resell use of, or access to, or link the Website to any third party, without prior written consent of the Company.

All other trademarks displayed on the Website and not owned by the Company are the trademarks of their respective vendors and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with the Company.

Although the Company does not claim ownership of Content, by posting Content to any the Website, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to the Website, you automatically grant the Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Website by any party for any purpose.

Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

Botnets

The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at its discretion.

Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by the Company, in our sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Website Privacy Policy.

California Users

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

I’m not sure where these needs added to listing any material with known contaminates is strictly prohibited even if disclosed. I know we have indemnification on here, but we definitely don’t want to have any liability if someone tries to sneak that stuff on here for someone else to haul away. This is one of the main reasons we don’t want to broker it.