Terms & Conditions | All Day Asphalt

TERMS CONDITIONS

All day Asphalt Sealcoating & Repairs

Last modified 05/23

PLEASE READ THESE TERMS CAREFULLY

These Terms of Use (the “Terms”) govern your use of and access to www.alldayasphalt.com and its sub-domains and affiliated sites, (“Company name” “my”, “me” or “I”) pages and accounts on Facebook®, Instagram®, Twitter®, LinkedIn®, Google Plus®, and YouTube® (the “Sites). Please read both these Terms and my Privacy Policy carefully, which is incorporated into these Terms. By using any or all of the Sites, you accept and agree to be bound by these Terms. If you do not want to agree to be bound by these Terms, do not use the Sites. I may modify these Terms from time to time, and any modifications will be effective immediately when I post them. All changes I make will be reflected in the date at the top of the document. You are responsible for reviewing any modified terms. Your continued use of a Site following any changes means you accept and agree to any changes. For your convenience and future reference, the date of the most recent revision of these Terms is listed above so that you may compare different versions to determine what, if any, changes have been made.

SITE CONTENT.

All Day Asphalt Sealcoating & Repairs exclusively owns and controls the Sites, which provide information about my products and services and may, from time to time, provide access to educational materials pertaining to a variety of topics of my work (copywriting, photography, calligraphy, etc.) You agree that use or access to any or all of the Sites does not, standing alone, create any sort of representation or future promise. The unauthorized reproduction, use of, or theft of any content, written, photographic, or otherwise, is expressly prohibited. By using the Sites, you expressly agree to pay a fine of $50 per incident for any unauthorized use of our content, at the sole discretion of All Day Asphalt Sealcoating & Repairs

COLLECTION OF YOUR PERSONAL INFORMATION

Unless we expressly note otherwise, we do not collect personally identifiable information from users of my Sites. When you visit our Sites, some information about your computer hardware and software is inherently automatically collected, such as your IP address, domain name, browser type, access time, and referring website addresses. We typically do not use this information for any purpose, but an example of when we may use this information is in implementing improvements and analyzing the Sites and for troubleshooting purposes. We also, utilize this information to monitor and improve services and to ensure that your use of the Sites is in compliance with our Terms of Use. Most of our services do not require any form of registration, allowing you to visit the Sites without telling us who you are. However, some services, such as email opt-ins may require you to provide us with Personal Data. In such a case, you may choose to do without any Personal Data requested by us, but it may not be possible for you to gain access to certain parts of the site or content. We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

USE OF YOUR PERSONAL INFORMATION

If you do choose to provide your personal information, we will not willingly share your information with companies outside our organization, except as described in this Privacy Policy. You may at times receive communications from us related to products and services that we believe might interest you. While we believe these services may enhance your time spent at the Sites, you will at all times have the option and ability to opt-out from receiving these communications by specifically choosing to do so via a link that will be provided within emails that we send to you. We may disclose total aggregated user statistics in order to describe our services to potential advertisers, other third parties, affiliate companies, and for other lawful purposes.

The information we gather from you may be used in several ways, either now or in the future, to gain a better understanding of our Site’s users and their usage pattern as a whole, for site administration and troubleshooting, to process transactions, contest entries, and other matters you initiate, to identify preferences in content and advertising, to target editorial, advertising or other content (such as promotions, special offers or other content) we think might be of interest to you. we may also use the information we gather from you to communicate changes and improvements to our website or any registration you have made.

You have the right to request access to the information we have for you. You can do this by contacting us at alldayasphalt@gmail.com. We will make sure to provide you with a copy of the data we process about you In order to comply with your request, we may ask you to verify your identity. We will fulfill your request by sending your copy electronically unless the request specifies a different method. If you believe that the information we have about it is incorrect, or if you wish to remove your private information (such as an email address provided in an opt-in), you may contact us at alldayasphalt@gmail.com. Any data that is no longer needed for the purposes specified herein will be deleted.

All Day Asphalt Sealcoating & Repairs does not give away, sell, rent, or lease any users’ personally identifiable information to any merchant, advertiser, or web publisher. However, non-personally identifiable user information (such as usage pattern, browser type, and your computer) may be shared with third-party businesses or advertisers with whom we have a business or contractual relationship. We reserve the right to disclose personal information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, and identify persons violating the law, in connection with the sale of part or all of All Day Asphalt Sealcoating & Repairs or its affiliates' assets, or to enforce our Terms of Use.

Please keep in mind that if you disclose personally identifiable information in a public manner through the Sites, this information may be collected and used by others accessing those portions of the Sites. We do not monitor the information you disclose on the Sites nor do we accept any liability associated with your voluntary disclosure of the same.

You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Sites, so that you may understand how those sites collect, use, and store your information. All Day Asphalt Sealcoating & Repairs is not responsible for the privacy statements, policies, or content of any other websites. Websites containing co-branding (referencing All Day Asphalt Sealcoating & Repairs and a third party’s name) contain content delivered by the third party and not All Day Asphalt Sealcoating & Repairs.

LIMITATIONS

By using the Sites you agree that we are not responsible for (i) any disclosure of your personal information made by you to a third party through your use of the Sites; (ii) any disclosure of your personal information obtained illegally from All Day Asphalt Sealcoating & Repairs; or (iii) any accidental disclosure of your personal information made by us.

INTELLECTUAL PROPERTY.

Unless explicitly stated otherwise, as between you and All Day Asphalt Sealcoating & Repairs. All Day Asphalt Sealcoating & Repairs owns all rights, titles, and interests in and to the Sites, including, without limitation, graphics, site content, design, organization, compilation, and other matters related to or included on the Sites. All Day Asphalt Sealcoating & Repairs, product and service names, logos, slogans, and designs are my trademarks and you may not use these marks without my prior written permission. All Day Asphalt Sealcoating & Repairs, logos, product and service names, designs, and slogans on the Sites are the trademarks of All Day Asphalt Sealcoating & Repairs. and should not be used without permission. You are granted a non-exclusive, non-transferable, revocable license to

access and use the Sites and the resources available for download from the Website strictly in accordance with these Terms.

THIRD-PARTY RIGHTS.

Content and materials posted to the Site may be the copyrighted content of others (“Third Party Content”) that is used by All Day Asphalt Sealcoating & Repairs either by permission or under Section 107 of the Copyright Act as “fair use” for purposes such as education and research. I respect the intellectual property of others and ask that you do the same. Users must obtain permission from the owners of any Third-Party Content before copying, distributing, or otherwise using those materials. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the copyright owner.

If you believe that your work has been copied on one or more of the Sites in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact All Day Asphalt Sealcoating & Repairs via email at the contact information listed below and provide the following: (i) identification of what is claimed to have been infringed; (ii) identification of what is claimed to be infringing; (iii) your contact information (or the contact information of the person we need to contact about the infringement); (iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law; (v) a statement that the information provided is accurate, and under penalty of perjury; (vi) a physical or electronic signature of the person submitting the complaint; and (vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner’s behalf.

LINKING TO OUR SITES.

Anyone linking to the Sites must comply with all applicable laws and must not: (i) misrepresent its relationship with All Day Asphalt Sealcoating & Repairs; (ii) present false or misleading information about All Day Asphalt Sealcoating & Repairs; or (iii) contain content that is reasonably considered profanity, offensive, defamatory, vulgar, or unlawful.

ADVERTISEMENTS AND LINKS.

All Day Asphalt Sealcoating & Repairs may at times include advertisements on the Sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites are solely between you and such advertiser. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by advertisers, including information providers, or any other end users are those of the respective author(s) and not our own. You agree that All Day Asphalt Sealcoating & Repairs shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers. Any affiliate links that I link on the Sites will be clearly marked; however, I encourage you to reach out to us with any questions you may have regarding affiliate links.

You may find links to other websites on a Site. These links are provided solely as a convenience to you and not as an endorsement by All Day Asphalt Sealcoating & Repairs the contents on such third-party sites, and we expressly disclaim any representations regarding the content or accuracy of materials on such third-party websites. You acknowledge and agree that All Day Asphalt Sealcoating & Repairs name shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on any such content, goods, or products available on or through any such linked site. You agree that it is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through such third-party sites.

DISCLAIMER AND LIMITATION OF LIABILITY.

THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. All Day Asphalt Sealcoating & Repairs, TOGETHER WITH ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “RELEASED PARTIES”), SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. THE RELEASED PARTIES DO NOT GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY,

TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY, OR SUITABILITY OF ANY OF THE INFORMATION OR CONTENT ON THE SITES. ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION, AND COMMON SENSE WHEN USING THE SITES. THE ENTIRE RISK FOR USE OF THE SITE AND/OR SERVICES IS BORNE BY YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS THE SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF THE POSTINGS OR ANY MATERIAL LINKED THROUGH THE SITES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIM ARISING OUT OF YOUR USE OF THE SITES IS TO CEASE USING THE SITES.

Some jurisdictions do not allow the disclaimer of implied warranties and/or limitations of liability, so a portion of this language may not apply to you. In such a case, any such disclaimer or limitation of liability is limited to the minimum extent permissible under applicable law.

CHOICE OF LAW AND VENUE.

These Terms are governed by the laws of the State of Wisconsin without regard to any conflict of laws. For any dispute regarding these Terms or the Sites, you agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts located in Outagamie County, Wisconsin.

YOUR COMMENTS AND CONCERNS.

This website is operated by All Day Asphalt Sealcoating & Repairs, Oneida, WI, 54155.

All other feedback, comments, requests for technical support, and/or other communications relating to the Sites should be directed to: alldayasphalt@gmail.com.

Thank you for visiting our Sites!