Terms of Use

Last Updated: September 24th, 2024

Thank you for visiting https://www.whipmix.com/ and/or https://shop.whipmix.com/, which are individually and collectively referred to as “Website”, and which are owned and operated by Whip-Mix Corporation (“Whip Mix” or “we”). These terms of use, the Privacy Policy, the terms of use posted in connection with particular areas of the Website, and any other documents incorporated by reference into these terms of use contain the complete terms and conditions (collectively, the “Terms of Use”) that apply to your use of the Website. 

IF FOR ANY REASON YOU DO NOT AGREE WITH OR CANNOT ABIDE BY THESE TERMS OF USE (OR ANY POSTED MODIFICATIONS TO IT), PLEASE EXIT THIS WEBSITE IMMEDIATELY. OTHERWISE, BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE PRIVACY POLICY.

  1. Scope.
    1. General. These Terms of Use govern your access to and use of the Website.Privacy Policy. Please review our Privacy Policy, which is hereby incorporated into and made a part of these Terms of Use. The Privacy Policy explains how Whip Mix collects, uses, and discloses your individual personal information.
    1. Terms of Sale. Any purchases made through the Website are governed by our Terms of Sale.
  2. Modification of Website or Terms of Use.
    1. Whip Mix may, at any time and in its sole discretion, modify, revise or otherwise change the Website, in whole or in part, without notice or liability to you.
    1. Whip Mix reserves the right to modify these Terms of Use at any time at its sole discretion. If Whip Mix modifies these Terms of Use, Whip Mix will post the date of the latest revision at the top of these Terms of Use and will post the revised version on the Website. The modified version of the Terms of Use will apply to all access and use of the Website thereafter. Check this page periodically to be aware of any modifications to the Terms of Use. By continuing to access and use the Website once the modified Agreement is posted, you indicate your assent and your agreement to be bound by these Terms of Use as modified.
  3. Permissions.
    1. Restrictions. You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit, or create derivative works from this Website (in whole or in part) or translate, modify, reverse engineer, disassemble, or decompile this Website. You must use this Website only in accordance with these Terms of Use and only for lawful purposes. You may not use the Website:
      1. to reverse engineer or decompile it, or to gain (or attempt to gain) unauthorized access to areas or materials provided on the Website or Whip Mix’s products offered on the Website for which you do not have the proper authorization;
      1. to impersonate any person or entity (including Whip Mix or its employees) via user names or otherwise, or falsely state or otherwise misrepresent yourself, your age, your affiliation with any person or entity, or your authority to bind another person or entity;
      1. to link postings or sites together without consent of author of the postings;
      1. in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software);
      1. for any commercial purpose, including to advertise, promote, or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;”
      1. to further or promote any criminal or illegal activity or to provide instructional information about illegal activities;
      1. in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the networks or services that support the Website or Whip Mix’s products;
      1. to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
      1. to send, knowingly receive, upload, download, use, or re-use material that conflicts with the requirements, restrictions, or standards set forth in these Terms of Use;
      1. via robot, spider or other automatic device, process or means to monitor or copy material on the Website;
      1. in a way that attacks the Website via a denial-of-service attack or a distributed denial-of-service attack;
      1. to exploit, harm, or violate the legal rights of others;
      1. to transmit promotional materials or malicious code;
      1. to transmit sexually explicit or pornographic material, obscene, defamatory, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, discriminatory, infringing material, or any material that could give rise to liability for Whip Mix;
      1. to deceive any person, or cause annoyance, inconvenience, or needless anxiety to any person;
      1. in a manner that creates the impression they emanate from or are endorsed by Whip Mix or others if that is not the case; and/or
      1. in a manner that Whip Mix determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the information provided through the Website, or Whip Mix’s products.
  4. Availability and Use of Website.
    1. Availability. The availability of this Website depends on many factors, including some factors that are beyond Whip Mix’s control, such as your connection to the Internet and the Internet backbone. You are solely responsible for arranging access to the Website. You are responsible for all use of the Website through your Internet connection. Whip Mix shall not be liable to you if you cannot use this Website for any reason.
    1. User Account. In order to use certain features of the Website, you may be asked to register by providing Whip Mix with certain identifying information about yourself. In order to register, you must be at least eighteen (18) years of age. You shall treat your password, and related information as confidential, and shall not disclose this information to any other person. You acknowledge that your account is personal to you and shall not provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you properly log out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
    1. Communications. By creating a Whip Mix account, conducting transactions with the Website, sending a text to Whip Mix, submitting a question to Whip Mix, signing up to receive news and updates from Whip Mix, providing certain information to Whip Mix, or applying for a job with Whip Mix, you may receive periodic emails or other communications from Whip Mix. These emails may include notifications about your inquiry, your communication to Whip Mix, or Whip Mix’s products. These emails may also relate to updates to the Terms of Use, updates to the Privacy Policy, or other affiliated policies. To learn how to stop receiving messages from Whip Mix, please visit our Privacy Policy.
  5. Term; Termination.
    1. Termination. In addition to any other legal or equitable remedies, Whip Mix may, without prior notice to you, immediately terminate these Terms of Use, disable any user name, password or other identifier, or revoke any or all of your rights granted under these Terms of Use.
    1. Effect of Termination. Upon any termination of these Terms of Use, you shall immediately cease all access to and use of this Website and Whip Mix may, in addition to any other legal or equitable remedies, deny your access to and use of this Website, in whole or in part. Any termination of these Terms of Use shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions of that, by their nature, are intended to survive termination of these Terms of Use, shall survive the termination of these Terms of Use.
  6. Intellectual Property.
    1. Intellectual Property Laws. U.S. and international copyright, trademark, and other intellectual property and proprietary rights laws protect this Website and the materials provided therein, and any unauthorized access to or use of this Website or the materials therein may violate such laws. Whip Mix reserves the right to enforce its intellectual property and proprietary rights to the fullest extent of the law.
    1. Ownership. All information and data that is part of this Website, including without limitation, photographs, text, graphics, illustrations, images, video clips, manuals and guides, and blog posts (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Website (collectively, the “Trademarks”), and the products that are advertised and/or made available for purchase, as well as the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Whip Mix or its licensors. You are not granted any right, either express or implied, in any Content or any copyright, Trademarks, patent, trade secret, right of publicity, or other intellectual property or proprietary right of Whip Mix or any of the goodwill associated with any of the foregoing. You shall not use the Trademarks or any confusingly similar version of them. To the extent that you use any Content or any copyright, Trademarks, patent, trade secret, right of publicity, or other intellectual or proprietary right of Whip Mix, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Whip Mix.
    1. Notices. You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website, whether on printable materials or otherwise.
  7. Links to Other Internet Websites.This Website may contain links to Internet sites owned, operated, or maintained by third parties not under Whip Mix’s control. The links are not and shall not be deemed to be Whip Mix’s endorsement of the organization associated with the linked site. You assume sole responsibility and liability for your use of such linked sites. If you click on a link to a third-party site, you are leaving the Whip Mix Website.
  8. Links to this Website. You must obtain Whip Mix’s prior written consent to post any link(s) to this Website. You agree to cooperate with Whip Mix in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
  9. Disclaimer of Warranties.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WHIP MIX NOR ANY PERSON ASSOCIATED WITH WHIP MIX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER WHIP MIX NOR ANYONE ASSOCIATED WITH WHIP MIX REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WHIP MIX HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation of Liability.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WHIP MIX, ITS EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnity. You agree to indemnify, defend and hold harmless Whip Mix and its respective officers, directors, shareholders, employees, and agents, along with their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your use of any information obtained from the Website. Whip Mix reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification for attorneys’ fees and costs of defense by you, and in such case, you agree to cooperate with Whip Mix’s defense of such claims.
  2. Relationship Between the Parties. You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Whip Mix as a result of these Terms of Use or any use of this Website or the Content therein. You agree not to hold yourself out as a representative, agent, or employee of Whip Mix and Whip Mix shall not be liable for any representation, act, or omission by you to the contrary.
  3. Assignment. You shall not assign, delegate, or otherwise transfer any of your rights, interests, or obligations under these Terms of Use, and any such assignment, delegation, or other transfer shall be void. These Terms of Use shall inure to the benefit of Whip Mix’s successors, assigns, and licensees.
  4. Injunctive Relief; Remedies.
    1. Injunctive Relief. You agree that Whip Mix’s remedy at law for any actual or threatened breach of these Terms of Use would be inadequate and that Whip Mix shall be entitled to specific performance or injunctive relief, or both (without posting security), in addition to any damages that Whip Mix may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.
    1. Cumulative Remedies. All rights and remedies granted to Whip Mix under these Terms of Use are cumulative and not alternative, and are in addition to all other rights and remedies available to Whip Mix at law or in equity.
  5. Governing Law; Jurisdiction and Venue; Limit on Commencing Actions.
    1. Governing Law. All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Kentucky or any other jurisdiction).
    1. Jurisdiction and Venue. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the U.S. District Court for the Western District of Kentucky or the state courts of Jefferson County, Kentucky, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
    1. Limitation on Actions. You must commence any cause of action or claim against Whip Mix within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
  6. International Access. This Website can be accessed from countries other than the United States. This Website may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside of the United States. If you access and use this Website outside of the United States, you are responsible for complying with your local laws and regulations.
  7. Contact Information. Please send any notices, questions, comments, or concerns regarding the Website to:

Whip-Mix Corporation
3611 Farmington Avenue
Louisville, Kentucky 40217

wmcustservice@whipmix.com

  1. Waiver. No waiver by Whip Mix of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Whip Mix to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  2. Severability. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
  3. Entire Agreement. The Terms of Use, together with the Privacy Policy, and all terms and conditions of use that govern specific parts of the Website (such as those related specifically to purchases made through the Website), constitute the sole and entire agreement between you and Whip Mix with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.