Terms of Service

Last Updated: 1-12-23

Welcome to Hicks Excavation. By accessing or using our website, services, or any related platforms, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree, you must discontinue use immediately.

Acceptance of Terms

BY USING OUR WEBSITE OR SERVICES IN ANY CAPACITY, YOU AGREE TO THE FOLLOWING:

  • These Terms constitute a legally binding agreement between you and Hicks Excavation.
  • Hicks Excavation reserves the right to modify, amend, or replace these Terms at any time and at its sole discretion, with or without prior notice.
  • Your continued use of our services following any changes constitutes acceptance of the revised Terms.
  • It is your responsibility to review these Terms periodically for updates.

Description of Services

Hicks Excavation provides various services to customers in Eastern Arkansas and surrounding areas. The nature, scope, and availability of services may change at any time without notice.

YOU UNDERSTAND AND ACKNOWLEDGE:

  • All services are provided on an “as available” basis and may be modified, suspended, or discontinued at any time without liability.
  • Hicks Excavation makes no commitment regarding the availability, timing, or continuity of any service.
  • Service descriptions on this website are for general informational purposes only and do not constitute a binding offer or guarantee.
  • Hicks Excavation reserves the right to refuse service to anyone for any reason at its sole discretion.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • Hicks Excavation, its owners, officers, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages of any kind.
  • In no event shall the total aggregate liability of Hicks Excavation exceed the amount you have paid to Hicks Excavation in the twelve (12) months preceding the claim.
  • Hicks Excavation shall not be liable for any damages arising from circumstances beyond its reasonable control, including but not limited to acts of nature, third-party actions, or unforeseen events.
  • You assume all risk associated with the use of our services, website, and any related materials.

Disclaimer of Warranties

IMPORTANT — PLEASE READ CAREFULLY:

  • All services and content are provided strictly on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express, implied, or statutory.
  • Hicks Excavation expressly disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
  • Hicks Excavation does not warrant that services will be uninterrupted, timely, secure, error-free, or meet your specific requirements or expectations.
  • No advice or information, whether oral or written, obtained from Hicks Excavation shall create any warranty not expressly stated herein.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS:

  • Hicks Excavation, its owners, officers, directors, employees, agents, licensors, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses.
  • This indemnification applies to any claim arising from your use or misuse of our services, your violation of these Terms, or your violation of any rights of a third party.
  • Hicks Excavation reserves the right to assume exclusive defense and control of any matter subject to indemnification by you.
  • This indemnification obligation shall survive the termination of these Terms and your use of our services.

Dispute Resolution

IN THE EVENT OF ANY DISPUTE, YOU AGREE:

  • Any dispute, controversy, or claim arising out of or relating to these Terms or the services shall be resolved through binding arbitration rather than in court.
  • You waive any right to participate in a class action lawsuit or class-wide arbitration against Hicks Excavation.
  • Arbitration shall be conducted on an individual basis only; consolidation of claims is not permitted.
  • Any claim must be brought within one (1) year of the date the cause of action arose, or such claim is permanently barred.

Intellectual Property

ALL RIGHTS RESERVED:

  • All content, materials, trademarks, logos, and intellectual property displayed on this website are the exclusive property of Hicks Excavation or its licensors.
  • No license or right is granted to you by implication, estoppel, or otherwise, except the limited right to access and use the website for personal, non-commercial purposes.
  • You may not reproduce, distribute, modify, create derivative works of, or publicly display any content without prior written consent from Hicks Excavation.
  • Unauthorized use of any intellectual property may result in legal action.

Privacy and Data

Your use of our services is also governed by our Privacy Policy. By using our services, you consent to the collection, use, and processing of your information as described therein.

  • Hicks Excavation may collect and use data as outlined in its Privacy Policy.
  • You are responsible for maintaining the confidentiality of any account credentials.
  • Hicks Excavation is not responsible for unauthorized access to your information resulting from your failure to safeguard your credentials.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law principles. Any legal proceedings shall be conducted in the courts of competent jurisdiction within that state.

Contact

If you have questions about these Terms, you may contact us:

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