Terms and Conditions

Last updated:  2/9/2024

Please read these terms and conditions carefully before using Our Service.

  1. Those who opt in will receive news, updates, discounts and offers from Decorative Curb and Concrete via SMS and/or email.
  2. You can cancel the SMS service at any time. Simply text “STOP” to the shortcode. Upon sending “STOP,” we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.
  3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to cretelifeohio@gmail.com.
  4. Carriers are not liable for delayed or undelivered messages.
  5. As always, message and data rates may apply for messages sent to you from us and to us from you. You will receive monthly messages. For questions about your text plan or data plan, contact your wireless provider.
  6. For privacy-related inquiries, please refer to our privacy policy: https://decorativecurbandconcrete.com/privacy-policy/.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Country refers to: Ohio, United States

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Decorative Curb and Concrete at 1725 Mount Vernon Road, Newark, OH 43055.   

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Service refers to the Website.

Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Free Terms and Conditions Generator.

Website refers to Decorative Curb and Concrete, accessible from https://decorativecurbandconcrete.com.

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

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.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts 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. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

  • By email: cretelifeohio@gmail.com

***NOTICE TO OWNER..: TERMS AND CONDITIONS PLEASE READ CAREFULLY***AGREED CONDITIONS NOTICE TO OWNER.. TERMS AND CONDITIONS PLEASE READ CAREFULLY:**DECORATIVE CURB & CONCRETE IS NOT RESPONSIBLE FOR CHIPPING, CRACKING. SPALLING, POPING OF TOP, SHRINKING CRACKS, DAMAGE FROM HARD WINTER WEATHER**DO NOT PUT SALT OR DE-ICERS ON NEW CONCRETE YOU WILL DAMAGE=RUIN=DESTROY=KILL=MAKE NOT SO NICE TO LOOK AT …DO YOU UNDERSTAND…NOSALT OR DE-ICER…DO NOT PARK YOU CAR(IN THE WINTER), TRUCK, VAN BUS, SEMI, BMW, HOT ROD ON NEW CONCRETE (LESS THAN 2 YEARS OLD) WITH ICE BALLS OF ROAD SALT ON IT, (SEE WEB-SITE FOR MORE INFO ON SALT)… IT WILL MELT ON YOUR CONCRETE AND MAKE YOUR NEW CONCRETE’S SURFACE TO PIP OFF, SPALL, CHIP, FLAKE, BAD THINNESS FORGET… DE-ICING SLATS MIXED WITH CONCRETE ARE A RECIPE FOR DISASTER ON NEW CONCRETE…CONCRETE LESS THAN 2 YEARS OLD All contracts are subject to OWNER (ANTHONY HREBLUK) approval. All contracts are contingent upon delays caused by either, weather, accidents, war strikes, inability to obtain materials, can’t get concrete from the usual sources, or other action beyond our control. Any and all unused or excess material is the property of Decorative Curb and Concrete. Decorative Curb and Concrete has the right to order excess materials. In the event customer refuses delivery of materials covered by this contract, customer agrees to pay Decorative Curb and Concrete a sum equal to twenty five (25%) of the contract price for liquidated damages. 50% of total is paid start day, 2* half of payment is due the day concrete is placed. Any additional work shall not delay payment of original contract. All discounts an/or warranties are void if balance, including all interest, costs of collection, and applicable attorneys fees, is not paid in full upon completion. Any portion remaining unpaid will bear interest at the rate of 5% per month (50% per annum), with a minimum charge of $75.00 per month, commencing 14 days after completion. Customer agrees to pay any and all legal and/or collection fees, including but not limited to, court costs and attorneys’ fees incurred by Decorative Curb and Concrete. In the event payment is not made within 30-Day period and the Contract is placed in the hands of an attorney for collection. Material warranty (CONCRETE) will be provided solely by the manufacturer of the material. Material warranty is subject to the manufacturer warranty specifications. This Contract, if not signed, will expire 30 days from the date unless extended in writing by Decorative Curb and Concrete. After 30 days, we reserve the right to revise our price in accordance with costs in effect at that time. Nothing shall in any way restrict the right of Decorative Curb and Concrete to bring an action against the customer for non-payment or any default under this contract. Special order Goods: I know that I cannot cancel (CONCRETE COLOR) contract at any time after the period of time given to me by law (5 DAYS BEFORE START DAY) in which to cancel. After that legal period of time, I know that I have the obligation to pay you in full 100% the amount owed. The quotation on the face hereof does not include expenses or charges for additional bond or insurance premiums or costs beyond normal bond and insurance coverage, and any such additional expenses; premiums or costs shall be added to the amount of the contract. RE: Collateral Damage Decorative Curb and Concrete crews are trained to work carefully on projects to minimize damage to property adjacent to our immediate work areas. Decorative Curb and Concrete routinely arranges for marking of utilities, sprinkler heads can be hidden and be damaged in spite of our diligence. However, other minor repairs may be necessary, sod work, TOPSOIL around the edges of the new concrete work, for example. Decorative Curb and Concrete is not responsible for any collateral damage that may occur in the routine course of construction. Decorative Curb and Concrete is an established decorative concrete company using proven methods and techniques for coloring concrete. The cress are grained in the manufacturer recommended installation procedures to maximize the long-term performance of the products. Each step of the preparation, texturing, coloring and sealing processes is carefully executed and monitored. This watchful approach ensures that the installation is durable and that the textures and colors are as close to the desired result as possible. The coloring agents used by Decorative Curb and Concrete in the decorative processes are not paint products. You cannot base your decision on the flat colors of a COLOR chart. These colors are transparent that are used for your concrete. Our materials react with the concrete to produce unique effects. Because the coloring agents are translucent, surface imperfections and inconsistencies are not covered, as they would be with paints. As with other materials, variations in concrete are normal and to be expected. DC&C Craftsmen create the textures in an uncontrolled environment. The occurring marbling and variations in color and occasional surface irregularities enhance the natural appearance of the finished stamped stone look. Each project is custom crafted and has unique characteristics. While Decorative Curb and Concrete strives to deliver the requested coloring and shading variations, it makes NO guarantee that the coloring agents and texture mats will produce the same uniformity and consistency of color charts. We ask that you acknowledge that shading and texture differences may occur in concrete as they do in all natural materials. Older concrete floors can be stained when there are no major cracks or major flaws in the surface. Decorative Curb and Concrete may recommend a light sanding or grinding to smooth and open the pores of concrete compromised by adhesives, tar, paint and other materials. Depending on how deep the floors need to be ground, the aggregate may be exposed and mottling may be reduced somewhat or altogether. We can also resurface the floors with an overlay (a thin layer of cementatious material). The latter option may not be practical for every budget. While quite attractive, floors that have been sanded or resurfaced often will NOT have the same mottling, luster or sheen as new concrete that is stained. Decorative Curb and Concrete will not be responsible for water vapors that will occur with basements or with existing concrete. Water vapors can have an effect on how color takes and how the sealers take. Decorative Curb and Concrete will not be responsible for moving any furniture, structures, or appliances from job site. DEFAULT: I will be in default under this contract if 1. I do not make a payment when due; or 2. I break any promise I make to you in this contract; or 3. Something else happens which caused you to believe in good faith that I do not intend to pay you as promised; or 4. I default on any obligations for which I am using my home as collateral; or 5. Something happens to my house, which materials, threatens your rights. ARBITRATION: If I have a dispute or claim with you concerning the quantity, quality or performance of the labor or materials, I understand that my dispute shall be submitted to and/or settled according to the mediation/arbitration program developed in Newark, Ohio. I understand that the arbitration shall be binding and conducted in compliance with Rules of the American Arbitration Association. I further agree that the venue of such arbitration or mediation shall be in Licking County, Ohio. All costs for such mediations/arbitration shall be divided equally between Decorative Curb and Concrete, and myself unless otherwise agreed in writing. I also know that any decision made by the arbitrator would be entered in the appropriate court having jurisdiction over you and me. PROVISIONS: If any provision of this contract violates the law and is unenforceable, the rest of the contract will be valid. If any part of this contract requires payment of more interest than the law permits, then you will only have to the right to collect from me the amount of interest which the law allows you to collect. COMPLETENESS OF THIS CONTRACT: This contract can only be changed if both you and I agree in writing. Under the OHIO Mechanics Lien Law any contractor, subcontractor, laborer, supplier or other person who helps to improve your property, but is not paid for his/her work or supplies, has a right to enforce a claim against your property. This means that after a court hearing your property could be sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. THANK YOU… FOR READING THIS LONG MESS OF WORDS. OWNER… ANTHONY HREBLUK. TO CANCEL THIS TRANSACTION E-MAIL ANTHONY AT… cretelifeohio@gmail.com OR DELIVER A SIGNED AND DATED COPY OF THIS CANCELLATION NOTICE, OR ANY WRITTEN NOTICE, SEND A TELEGRAM TO: ANTHONY HREBLUK, 1725 Mount Vernon Road, Newark, OH 43055… NO LATER THAN MIDNIGHT (IN DC&C HANDS SIGNED BY YOU AND DC&C) 5 DAYS BEFORE START DAY, IF NOT WE CAN (BY LAW)AND WILL CHARGE 25% OF GRAND TOTAL OF JOB. BUSINESS NAME STAMP WILL BE USED AS NEEDED. ALSO DECORATIVE CURB AND CONCRETE CANNOT CONTROL THE WEATHER!!