Terms of Use

1. Introduction

This page states the Terms and Conditions under which you may use https://patriotdirt.com/ (the “Web Site”). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Web Site. By using the Web Site, you are indicating your agreement to be bound by these Terms and Conditions. Patriot Excavating may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.

2. Use of Material

The contents of the Web Site, including, but not limited to, text, graphics, sounds, images and other material (the “Material”), are owned by Patriot Excavating and its licensors and vendors, and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.

Patriot Excavating authorizes you to view and download a single copy of the Material on the Web Site, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform or distribute the Material. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You may not copy or adapt the HTML or other code that Patriot Excavating uses to generate its pages. This code is also protected by Patriot Excavating’s copyright and other intellectual property rights.

3. Site Use

General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Security Rules: You are prohibited from violating or attempting to violate the security of the Web Site or from using the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any Patriot Excavating packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Patriot Excavating may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.

Specific Prohibited Uses: Patriot Excavating specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:

• distributing or otherwise publishing, without Patriot Excavating’s approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
• soliciting other users of the Web Site to join or become members of any online service;
• deleting or revising any material posted by any other person or entity; or
• “scraping” or otherwise copying any of the Materials.

4. Linking to the Web Site

If you would like to link to the Web Site, you must comply with the following. A web site that links to the Web Site:

• may link to, but not copy, the Materials;
• should not frame or create a browser or border environment around the Materials;
• should not imply that Patriot Excavating is endorsing your web site or your products;
• should not misrepresent your relationship with Patriot Excavating;
• should not present false information about Patriot Excavating products or services;
• should not use Patriot Excavating trademarks or logos without permission from Patriot Excavating; and
• should not contain content that could be construed as distasteful or offensive.

5. User Submissions

As a user of the Web Site, you are responsible for your own communications and are responsible for the consequences of their posting or other submissions. You agree not to:

• post or otherwise submit material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
• post or otherwise submit material that reveals trade secrets, unless you own them or have the permission of the owner;
• post or otherwise submit material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
• post or otherwise submit material that is false, misleading, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
• post or otherwise submit a sexually-explicit image or statement;
• post or otherwise submit chain letters or pyramid schemes; or
• impersonate another person.

Patriot Excavating does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorses any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Patriot Excavating has no obligation to screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified of communications that allegedly do not conform to these Terms and Conditions, Patriot Excavating may investigate that allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Patriot Excavating has no liability or responsibility to users for performance or non-performance of such activities. Patriot Excavating reserves the right (i) to expel users and prevent their further access to the Web Site for violating these Terms and Conditions or the law, and (ii) to remove communications that are abusive, illegal, disruptive or which otherwise do not conform to the provisions of these Terms and Conditions.

By submitting content to the Web Site, you grant Patriot Excavating and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Web Site to access, display, view, store and reproduce such content. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

6. Patriot Excavating’s Liability

The Material may contain inaccuracies or typographical errors. Patriot Excavating makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or the Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime without notice.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site.

PATRIOT EXCAVATING DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, PATRIOT EXCAVATING IS NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PATRIOT EXCAVATING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. PATRIOT EXCAVATING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.

7. Disclaimer of Consequential Damages

IN NO EVENT WILL PATRIOT EXCAVATING, ITS SUPPLIERS, AFFILITIES OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PATRIOT EXCAVATING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Links to Other Sites

The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Patriot Excavating of the contents on such third-party web sites. Patriot Excavating is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

Patriot Excavating does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

9. Indemnity

You agree to defend, indemnify, and hold harmless Patriot Excavating, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. Patriot Excavating will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.

10. General

Patriot Excavating makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the State of Indiana , without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within Indianapolis, Indiana. You agree that you may not institute any action in any form arising out of use of the Web Site, the Materials or these Terms and Conditions more than eighteen (18) months after the cause of action has arisen. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in another statement posted by Patriot Excavating on the Web Site, these Terms and Conditions constitute the entire agreement between you and Patriot Excavating with respect to the use of Web Site. No changes to these Terms and Conditions may be made except by a revised posting on this page.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address or other details to help you with your experience.

When do we collect information?

We collect information from you when you subscribe to a newsletter, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
• To allow us to better service you in responding to your customer service requests.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

We use an SSL certificate to protect information; all contact information is provided voluntarily.

Do we use ‘cookies’?

We sometimes use cookies for tracking purposes.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies, some features will be disabled that make your site experience more efficient and some of our services will not function properly.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third party links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We have implemented the following:

• Google Display Network Impression Reporting

We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions, and other ad service functions as they relate to our website.

Opting out:

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:

Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

On our Privacy Policy Page

Users are able to change their personal information:

• By emailing us
• By logging in to their account

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

Send information, respond to inquiries, and/or other requests or questions.
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred

To be in accordance with CANSPAM we agree to the following:

• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable way
• Include the physical address of our business or site headquarters
• Monitor third party email marketing services for compliance, if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of each email

If at any time you would like to unsubscribe from receiving future emails, you can opt out.

Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.