Privacy and Terms

Protecting your private information is our priority. This Statement of Privacy applies to Cook’s Excavating, LLC and governs data collection and usage. By using the Cook’s Excavating, LLC website, you consent to the data practices described in this statement.

Collection of your Personal Information

Cook’s Excavating, LLC may collect anonymous demographic information, which is not unique to you. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Cook’s Excavating, LLC. This information can include: your IP address, browser type, domain name, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service and to provide general statistics regarding use of the Cook’s Excavating, LLC website.

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

Cook’s Excavating, LLC encourages you to review the privacy statement of websites you choose to link to from Cook’s Excavating, LLC so that you can understand how those websites collect, use and share your information. Cook’s Excavating, LLC is not responsible for the privacy statements or other content on websites outside of the Cook’s Excavating, LLC website.

Use of your Personal Information

Cook’s Excavating, LLC collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Cook’s Excavating, LLC may also use your personally identifiable information to inform you of other products or services available from Cook’s Excavating, LLC and its affiliates. Cook’s Excavating, LLC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Cook’s Excavating, LLC does not sell, rent or lease its customer lists to third parties.

Cook’s Excavating, LLC may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (email, name, address, telephone number) is transferred to the third party. Cook’s Excavating, LLC may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Cook’s Excavating, LLC, and they are required to maintain the confidentiality of your information.

Cook’s Excavating, LLC may keep track of the websites and pages our users visit within Cook’s Excavating, LLC, in order to determine what Cook’s Excavating, LLC services are the most popular. This data is used to deliver customized content and advertising within Cook’s Excavating, LLC to customers whose behavior indicates that they are interested in a particular subject area.

Cook’s Excavating, LLC will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Cook’s Excavating, LLC or the site; (b) protect and defend the rights or property of Cook’s Excavating, LLC; (c) act under exigent circumstances to protect the personal safety of users of Cook’s Excavating, LLC or the public.

Security of your Personal Information and Responsibility of the User

Cook’s Excavating, LLC makes concerted efforts to secure your personal information from unauthorized access, use or disclosure, but does not guarantee the full security and protection of your information. You are responsible for compliance with all applicable laws, including, but not limited to all local laws and all export and import regulations of the United States and other countries (as applicable). Except where the materials or content explicitly indicate Cook’s Excavating, LLC marketing and promoting of the site in a particular country outside of the U.S., all marketing or promotional materials and content found on the site are directed to individuals, companies or other entities located in the United States. If you are using this site from outside the United States from a country with laws governing data collection and use that may be different from U.S. law, then by accessing and/or using the site (to the extent so permitted by Cook’s Excavating, LLC), you consent to your personal information being collected, used and transferred outside of your country (including to the United States) in connection with such usage. If you do not so consent, do not access or use the site. Cook’s Excavating, LLC operates the site, and stores all associated content and data, in the United States either itself or through a third party hosting provider.

Children under Thirteen

Cook’s Excavating, LLC does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or legal guardian for permission to use this website.

Opt-Out and Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Cook’s Excavating, LLC by contacting us.

Changes to this Statement

Cook’s Excavating, LLC will occasionally update this Statement of Privacy to reflect company and customer feedback. Cook’s Excavating, LLC encourages you to periodically review this Statement to be informed of how Cook’s Excavating, LLC is protecting your information.

Contact Information

Cook’s Excavating, LLC welcomes your questions or comments regarding this Statement of Privacy. If you believe that Cook’s Excavating, LLC has not adhered to this Statement, please contact Cook’s Excavating, LLC for questions or concerns.

Disclaimer of Warranties and Limitation of Liability

YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS SITE AND ANY RELATED SUPPORT OR SERVICES IS AT YOUR OWN RISK. NEITHER COOK’S EXCAVATION, LLC NOR ANY THIRD PARTY PROVIDER OF ANY COMPONENT CONTAINED WITHIN OR USED IN CONNECTION WITH THIS SITE, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS WARRANT THAT THE SITE OR ANY ASSOCIATED SUPPORT AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE, OR RELATED SUPPORT AND SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SUITABILITY OR CONTENT OF THE SERVICES MAINTAINED, PUBLISHED OR PROCESSED ON OR THROUGH THE SITE. THE SITE, AS WELL AS ALL RELATED SUPPORT AND SERVICES, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE AND NON-INFRINGEMENT. IN NO EVENT WILL COOK’S EXCAVATING, LLC OR ANY THIRD PARTY PROVIDER OF ANY COMPONENT CONTAINED WITHIN OR USED IN CONNECTION WITH THE SOLUTION, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, ACTUAL, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF COOK’S EXCAVATING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS THE SITE OR ARISING OUT OF ANY RELATED SERVICES AND SUPPORT, OR ANY CONTENT POSTED, UPLOADED OR OTHERWISE TRANSMITTED OR COMMUNICATED ON THE SITE (THROUGH SOCIAL MEDIA AND OTHER COLLABORATION OR MESSAGING TECHNOLOGY THAT MAY BE AVAILABLE ON THE SITE NOW OR IN THE FUTURE, SUCH AS BLOGS, CHAT ROOMS, AND OTHER INTERACTIVE FEATURES), INCLUDING WITHOUT LIMITATION, (i) LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, DAMAGES OR LOSSES RESULTING FROM DELAYS OR FAILURES IN THE DELIVERY OF MESSAGES OR COMMUNICATIONS, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, MALWARE, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE (SUCH AS FAILURE OR DELAYS IN THE INTERNET OR TELECOMMUNICATIONS LINES), THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE’S RECORDS OR PROGRAMS, AND FURTHER INCLUDING, WITHOUT LIMITATION, (ii) ANY AND ALL DAMAGES OR LOSSES OF ANY KIND (INCLUDING EACH OF THOSE TYPES OF DAMAGES AND LOSSES DESCRIBED ABOVE) THAT RESULT FROM: (a) TRANSACTIONS PROCESSED OR COMPLETED ON THE SITE (INCLUDING INACCURATE, FAULTY, IMPROPER OR ANY OTHER FINANCIAL TRANSACTIONS PROCESSED USING TECHNOLOGY MADE AVAILABLE ON OR THROUGH THE SITE); (b) ANY HACKING OR SIMILAR INCIDENT INVOLVING ACCESS TO THE SITE OR THE DATA RESIDING THEREIN; OR (c ) ANY WEBSITES, APPLICATIONS OR TOOLS ACCESSED OR UTILIZED FROM THE SITE; OR (d) ANY OTHER INFORMATION, CONTENT, PRODUCTS OR SERVICES ACCESSED ON OR BY MEANS OF THE SITE; AND (iii) ANY AND ALL DAMAGES OR LOSSES OF ANY KIND ARISING FROM OR RELATED TO ANY TEXT, PICTURES, OR OTHER CONTENT WHICH IS POSTED, UPLOADED OR OTHERWISE TRANSMITTED OR COMMUNICATED ON THE SITE, WHETHER THROUGH BLOGS, SOCIAL MEDIA FEATURES, COMMENTARY OR OTHERWISE; AND (iv) ANY AND ALL DAMAGES OR LOSSES OF ANY KIND ARISING FROM OR RELATED TO THE ACCURACY OF ANY INFORMATION OR DATA STORED ON, MAINTAINED OR PROCESSED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES COOK’S EXCAVATING, LLC LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

General

By accessing this site, you agree to the stated Terms in this agreement. This agreement is entered into and shall be construed in accordance with local, state and federal laws. Each party to these terms submits to the exclusive jurisdiction of the state and federal courts having jurisdiction in West Virginia, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorney fees. In the event that any provisions of these Terms are held to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms and any posted guidelines or rules applicable to certain services within the site constitute the entire understanding between the parties pertaining to the subject matter hereof, and any prior written or oral agreements between the parties are expressly canceled.