Last updated: 2025-07-31
These Terms and Conditions ("Terms") govern your use of our website located at https://barnesasphalt.com (the "Service") operated by Barnes Asphalt Maintenance Inc. ("us," "we," or "our").
By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.
Acceptance of Terms
By accessing and using this website, you accept and agree to be bound by the terms and provision of this agreement. Additionally, when using this website's particular services, you shall be subject to any posted guidelines or rules applicable to such services.
Use License
Permission is granted to temporarily download one copy of the materials on Barnes Asphalt Maintenance Inc.'s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Barnes Asphalt Maintenance Inc.'s website;
- remove any copyright or other proprietary notations from the materials.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Barnes Asphalt Maintenance Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
User Accounts
When you create an account with us, you must provide information that is accurate, complete, and current at all times. You are responsible for safeguarding the password and for all activities that occur under your account.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.
Acceptable Use
You agree to use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses or any other type of malicious code
- To collect or track the personal information of others
- To spam, phish, pharm, pretext, spider, crawl, or scrape
- For any obscene or immoral purpose or to solicit others to perform obscene or immoral acts
- To interfere with or circumvent the security features of the Service or any related website
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
Content
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.
You represent and warrant that:
- The Content is yours (you own it) or you have the right to use it
- You have the right to grant us the rights and license as provided in these Terms
- Your use of the Content does not infringe, violate or misappropriate the rights of any third party
Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you agree to the collection and use of information in accordance with our Privacy Policy.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
- for any unlawful purpose or to solicit others to perform unlawful acts;
- to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
- to collect or track the personal information of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; or
- to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Intellectual Property Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of Barnes Asphalt Maintenance Inc. and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Termination
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer
The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, Barnes Asphalt Maintenance Inc.:
- excludes all representations and warranties relating to this website and its contents;
- excludes all liability for damages arising out of or in connection with your use of this website.
Limitation of Liability
In no case shall Barnes Asphalt Maintenance Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, punitive, special, or consequential damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
Governing Law
These Terms shall be interpreted and governed by the laws of Kannapolis, North Carolina, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Exception for Consumer Rights: If you qualify as a consumer under applicable law and have your habitual residence in a jurisdiction that provides stronger consumer protection standards, those higher standards shall prevail to the extent required by law.
Dispute Resolution
We encourage resolving disputes amicably through direct communication. Please contact us first at sales@barnesasphalt.com to discuss any concerns.
If amicable resolution is not possible, any dispute arising from or relating to these Terms shall be resolved according to the following:
- For users located in Kannapolis, North Carolina: disputes shall be resolved in the courts of Kannapolis, North Carolina or through binding arbitration, at our discretion
- For users in other jurisdictions: disputes shall be resolved according to the laws and courts of your local jurisdiction, or through internationally recognized arbitration services
Barnes Asphalt Maintenance Inc. reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our intellectual property rights.
Indemnification
You agree to defend, indemnify, and hold harmless Barnes Asphalt Maintenance Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees).
Severability and Waiver
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect.
What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Contact Information
If you have any questions about these Terms and Conditions, please contact us:
Barnes Asphalt Maintenance Inc.
Email: sales@barnesasphalt.com
Phone: (704) 795.9470
Address: 5748 Old Salisbury-Concord Rd. Kannapolis, NC 28083
You can also contact us through our website at https://barnesasphalt.com.
Entire Agreement
These Terms and Conditions, along with our Privacy Policy and any other legal notices published by us on the Service, shall constitute the entire agreement between us concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Barnes Asphalt Maintenance Inc.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
By using our Service, you acknowledge that you have read these Terms and Conditions and agree to be bound by them.