TERMS AND CONDITIONS OF USE

“You” and “Your” means your company, organization, entity and all individuals associated therewith in any way.

“Us”, “Our”, and “We” means Schuster Concrete Ready Mix, LLC and its: affiliates, officers, agents, owners, managers, and employees. 

Your consent to these Terms and Conditions of Use is a condition precedent to Your use of this service, and Your use of this service is expressly conditioned on Your acceptance of the following terms and conditions.  If You are unwilling to accept the totality of the following Terms and Conditions of Use, You are prohibited from utilizing this service in any manner.

1. Access to the information and materials provided by this service (the “Service”) is provided by Us through our 3rd party service provider.  Access to the information and materials  is provided by us as a service to our customers. Use of this service is for our authorized and active customers only. 
2. To utilize this Service You are required to create a personalized account to access the features of the Service (Your “Account”). Creation of Your Account requires You to: (a) submit information that uniquely identifies You (including, but not limited to, Your individual and/or company name, address, e-mail, and telephone number); and (b) user name and password unique to You. You agree that you will limit access to Your Account only to such persons whom you authorize (“Authorized Persons”). You agree that you will establish commercially reasonable security procedures and controls to limit access to your password, username or other personally identifiable information related to Your Account only to Authorized Persons. You agree that it is your responsibility to prevent unauthorized access to Your Account, including individuals who may have formerly been Authorized Persons  
3. The Service is intended as a business-to-business service for Our customers only.. Schuster reserves the right to deny or revoke access to the Service, if it believes that the subject Account is being utilized by any person or entity that is not Our paying customer.
4. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SCHUSTER CONCRETE READY MIX, LLC ANY AND ALL LIABILITY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSS, LIABILITY, DAMAGE OR COST, INCLUDING COURT COSTS AND ATTORNEY FEES, IN ANY WAY ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF THIS SERVICE OR YOUR ACCOUNT, OR THE ACCESS OR USE OF THIS SERVICE OR YOUR ACCOUNT BY OTHERS (WHETHER AUTHORIZED PERSONS OR NOT)..
5. While We intend to use reasonable efforts to include accurate and up-to-date information via the Service, We make no warranties or representations as to its accuracy.  At times, the truck tracking feature is delayed or inoperable due to network connection or lack of accurate data.  We assume no liability or responsibility for any errors or omissions in the content of the Service.
6. We reserve the right to terminate and suspend access to the Service or your Account at any time, for any reason, with, or without, notice, and with or without cause.
7. Use of this service is entirely at your risk. Neither We, nor any other party involved in creating, producing, or delivering the Service shall be liable for any damages (including but not limited to direct, indirect, incidental, consequential, special or punitive damages) arising out of Your access or use of the Service or the access or use of the Service by others (whether Authorized Persons or not). Without limiting the foregoing, all information on the Service is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY AS TO ACCURACY OR COMPLETENESS, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY. FURTHER WE SHALL HAVE NO LIABILITY ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE OR ARISING OUT OF ANY ADVICE OR INFORMATION OBTAINED FROM THE SERVICE AND SHALL NOT BE LIABLE FOR ANY DELAY, DIFFICULTY IN USE, INACCURACY OF INFORMATION, COMPUTER VIRUSES, MALICIOUS CODE OR OTHER DEFECT IN THE SERVICE, OR FOR THE INCOMPATIBILITY BETWEEN THE SERVICE AND YOUR BROWSER OR OTHER SERVICE ACCESSING PROGRAM NOR WILL WE BE LIABLE FOR ANY PROBLEMS EXPERIENCED BY YOU DUE TO CAUSES BEYOND OUR CONTROL. NO LICENSE TO YOU IS IMPLIED IN THESE DISCLAIMERS.
8. Access to the Service may from time to time be unavailable, delayed, limited or slowed.
9. We reserve the right to at any time to modify these Terms and Conditions of Use. We also reserve the right to terminate this Service at Our sole and absolute discretion at any time with, or without, prior notice to you.,Your access to the Service and its Content or other use of this service, will be conditioned upon the terms and conditions in force at the time of your use. It is Your responsibility to review these Terms and Conditions of Use periodically for any changes or modifications, as there will be no individual notices to Users regarding such changes or modifications. Users may check for new versions of these Terms and Conditions of Use by contacting connect@schusterconcrete.com. Your continued use of this Service or Your Account constitutes an affirmative acknowledgment by you of these Terms and Conditions of Use including any subsequent modifications made to them and your agreement to abide and be bound by them.
10. These Terms and Conditions of Use shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
11. Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision. Both You and We agree that any cause of action arising out of or related to this Service or your Account must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
12. These Terms and Conditions of Use, together with those incorporated herein or referred to herein constitute the entire agreement between you and Schuster relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Service.
13. These Terms and Conditions of Use shall be governed by the laws of the State of Maryland, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Baltimore County, the State of Maryland, United States of America, in all questions and controversies arising out of Your use of this Service and these Terms and Conditions of Use.