Terms and Conditions

Last updated: July 2024

Welcome to the BACK Construction website. BACK Construction we operate this Site to provide online access to information about our services and products. By accessing and using this Site, you agree to each of the terms and conditions set forth herein. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”

1. Acceptance of Terms

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you do not agree to these terms, you should not use or access this Site.

2. Use of Site

You may use the Site, and the information, writings, images, and/or other works that you see, hear, or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about BACK Construction products and services. No right, title, or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. BACK Construction reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site, except as expressly permitted by the Terms of Use.

3. Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to BACK Construction or its partners, affiliates, contributors, or third parties. The copyrights in the Content are owned by BACK Construction or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. If you operate a website and wish to link to the Site, you may do so provided you agree to cease such link upon request from BACK Construction. No other use is permitted without prior written permission of BACK Construction.

4. Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

5. Links to Third-Party Websites

Links on the Site to third-party websites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by BACK Construction of the third party, the third-party website, or the information contained therein. BACK Construction is not responsible for the availability of any such websites. BACK Construction is not responsible or liable for any such website or the content thereon. If you use the links to the websites of BACK Construction affiliates or service providers, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those websites.

6. Disclaimer of Warranties

BACK CONSTRUCTION MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. BACK CONSTRUCTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. BACK CONSTRUCTION DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. BACK CONSTRUCTION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

7. Limitation of Liability

IN NO EVENT WILL BACK CONSTRUCTION BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, AND/OR THE CONTENT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF BACK CONSTRUCTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

8. Indemnification

You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless BACK Construction, its parent companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.

9. Privacy

Your use of the Site is subject to BACK Construction’s Privacy Policy, available at Privacy Policy

10. User Conduct

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.

11. General Provisions

This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements between the parties with respect to such subject matter. This Agreement may not be amended, nor any obligation waived, without BACK Construction’s written authorization. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision thereof.

12. Governing Law and Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of the State of Kentucky without regard to its conflicts of laws principles. You agree to submit to the jurisdiction of the courts located in Lexington, Kentucky, for the resolution of any disputes arising out of or related to this Agreement or your use of the Site.

13. Changes to Terms of Use

BACK Construction reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send email to us with any questions relating to these Terms of Use at info@backconstruction.com