Welcome to the Sand Creek of Minnesota, LLC (“Sand Creek”) platform. By accessing and using it, you (“You”) are agreeing to these Terms of Access and Use (“Terms”). Please read them carefully. If you have any questions, contact us at firstname.lastname@example.org
These Terms were last updated on ___August 28th_____________, 2023
Use and Restrictions.
We provide the Site solely as a convenience to you, and you may not use it for commercial use. All product descriptions, other text, graphics, documents, files, videos and other content (collectively “Content”) on the Site is provided for informational purposes only, and may be subject to change at any time. We do not warrant that any Content represents the most current or accurate information on any offering. Other than for your own personal use of the Site, as expressly permitted in these Terms, you are prohibited from accessing or attempting to access any systems or servers on which the Site is hosted or modify or alter the Site in any way
Copyright and Trademarks
The Content and the Site are the sole property of Sand Creek and its licensors, and may be protected by copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms or with Sand Creek’s express written consent. You must not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content. All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Sand Creek, its subsidiaries and affiliates, or such marks’ respective owners. You cannot display or reproduce the Marks other than with the prior written consent of Sand Creek. You cannot remove or otherwise modify any trademark notices or other proprietary notices from any Content.
If you upload Content to any public areas of the Site, you agree that we may modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, or transfer any such content on the Site or any other platform. We may remove content that you upload at any time. You must not upload any Content that infringes the intellectual property rights of any third party, and you agree to defend, indemnify and hold Sand Creek and its affiliates harmless from and against any liabilities, in any form, associated with a claim that Content that you upload infringes any third party intellectual property rights.
If you believe that a user has uploaded material to our site that infringes your intellectual property rights, you can send us your copyright and trademark notices in the following ways:
By courier or mail:
Sand Creek of Minnesota, LLC
6757 West 195th Street
Jordan MN 55352
We will make every attempt to respond to such notices as required by law. We reserve the right to remove infringing or allegedly infringing content for any reason without prior notice. All notices must:
Sand Creek is granted full rights to take pictures of work performed, install driveway markers and yard signs, which shall be removed at the end of the snow season. Sand Creek reserves the right to refuse service for any reason and to cancel service due to a full schedule, problems with payments (disputed, delayed) and service will not commence (subject to the 48 hour restriction below) until payment is received in full. Sand Creek shall not provide any services for 48 hours after receiving an order, for the purpose of verifying new customer’s addresses, contact information, status of driveway (no gravel driveways are eligible for service) and to confirm payment.
CONTRACTOR = Sand creek Services of Minnesota LLC
Warranties and Disclaimer
Limitation of Liability
SAND CREEK AND ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD PARTY VENDORS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INJURIES OR DEATH FROM SLIP AND FALL AS A RESULT OF SNOW, ICE AND OTHER FACTORS. YOU SHALL ALSO INDEMNIFY, DEFEND AND HOLD SAND CREEK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, FROM ANY AND ALL DAMAGE DONE TO PAVEMENT, DRIVEWAYS, LANDSCAPING, LAWNS AND SHRUBBERY AS A RESULT OF SNOW REMOVAL DONE BY SAND CREEK.
SAND CREEK SHALL HAVE NO LIABILITY FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH THE SERVICES PROVIDED, YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. OUR MAXIMUM LIABILITY TO YOU WILL BE LIMITED TO) THE AMOUNT THAT YOU PAY TO SAND CREEK FOR SERVICES.
These Terms and the relationship between you and Sand Creek will be governed by the laws of the state of Minnesota, without giving effect to principles of conflict of laws of any jurisdiction. By using the Site, you agree that all disputes, litigation, court proceedings, arbitration proceedings, mediation proceedings, and other actions initiated in connection with the Site or the Content must and will be venued exclusively in Scott County, Minnesota.