WELCOME

Welcome to an official website (the “Website”) of Holcim Solutions and Products US, LLC,.  Please read this Terms of Use Agreement (the “Terms of Use”) carefully before using the Website.  By visiting or using the Website in any way, or linking to the Website, you are entering into an agreement with Elevate, owner of the Website.  At all times, you are bound by the then-current version of the Terms of Use and all applicable laws.  Elevate highly recommends that you review the Terms of Use from time to time to ensure that you are familiar with the most recent version.

ENTIRE AGREEMENT

The Terms of Use constitute the entire agreement between you and Elevate.  If any portion of the Terms of Use is declared or held unlawful, invalid, or unenforceable, then such portion of the Terms of Use shall be deemed severed herefrom and shall not affect the validity or enforceability of the remainder of the Terms of Use.

Elevate may, from time to time, offer you the opportunity to use interactive services on the Website.  By participating in any such service, you agree to any and all special terms set forth in connection with any such service, as well as the terms in the Terms of Use.

GENERAL DISCLAIMER

The information on the Website is provided for informational purposes only and is not intended to substitute for the advice provided by the appropriate professionals. You should not rely upon or use any of the products or services made available by or through the use of the Website for decision-making without obtaining the advice of an appropriate professional.

INTELLECTUAL PROPERTY

To the best of its knowledge, Elevate owns or has the right to use all of the data, information, trademarks, service marks, text, images, streaming media, video, sounds, icons, and other content contained on this Website (the “Content”), and the copyrights, patents, trade secrets, rights of publicity, and other intellectual property rights or proprietary rights therein, unless otherwise noted.  You may review, download, and/or print one copy of the Content of this Website, but you may not make more than one copy of such Content, modify it in any way, distribute or transmit it to any other person or company, frame or otherwise display any of the Content of this Website on your own or any other website, or make any other use of it.  Such copying, modification, distribution or transmission, display, or use is a breach of the Terms of Use and may infringe Elevate’s trademarks, service marks, copyrights, copyrights licensed to Elevate, rights of privacy and publicity of Elevate employees and others, and other intellectual property rights owned or licensed by Elevate.  You may not use any of Elevate’s marks without written permission from Elevate.  Except as expressly provided herein, Elevate does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

It is the policy of Elevate to respect the intellectual property rights of others.  In connection with this policy, Elevate will not knowingly post content that infringes the copyright rights of others.  As such, Elevate has designated an agent to receive notifications of alleged copyright infringement on the Website.  If you believe that your work has been used in a way that constitutes copyright infringement, please send a notice including all of the following information:  (1) a description of the work; (2) a description of the location of the work on the Website, including the URL; (3) your name, address, telephone number, and e-mail address; (4) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law; and (5) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner.  Please submit these materials to:

Name: Lynn Hsu

Title: Senior IP Counsel

Address: 200 4^th Avenue South, Suite 100, Nashville, TN 37201

Telephone: (615) 937-1656

E-mail: hsulynn@bfusa.com

LINKS

You may create a link from your website to the home page of the Website, without prior written permission, through a plain-text link, for example.  You may not use any trademarks or service marks as links to the Website from other websites, or as machine-readable search terms such as metatags.  Elevate reserves the right to revoke your permission to link to the Website at its absolute and sole discretion.  Any third party website that links to the Website agrees that it: (1) will not create a frame around content of the Website; (2) will not replicate the content of the Website; (3) will not state or imply that Elevate sponsors or endorses the third-party website; (4) will not libel or present false or misleading information of any kind, including defamatory or disparaging information about Elevate; and (5) will not contain any content that may be construed as illegal, immoral, offensive, controversial, or inappropriate.  The posting or creation of any link to the Website signifies that you have read and agree to abide by the Terms of Use.  If you believe that any third-party website that links to the Website contains illegal, offensive, or inappropriate content, please contact Elevate using the Contact Us link on the Website.

Links to other websites or Internet locations controlled, owned, and operated by third parties (the “third-party sites”) from the Website have been provided for your convenience only.  Elevate does not endorse, sponsor, or approve of any content of such third-party sites.  Elevate has no control over any third-party sites that you may access through the Website, and is not responsible for the content or accuracy of the content of any such website or location.  If you access any other website or Internet location through the Website, you do so at your own risk.  If you believe that any link on the Website leads to an illegal, offensive, or inappropriate website, please contact Elevate using the Contact Us link on the Website.

UNSOLICITED SUBMISSIONS   

While we are always pleased to hear from our customers and other visitors and welcome your suggestions and comments, we cannot consider unsolicited submissions.  PLEASE DO NOT SUBMIT UNSOLICITED MATERIALS OF ANY KIND TO Elevate.

If you choose to submit any information of any kind to the Website (including for example, creative ideas, concepts, or materials, such as text, photographs, or drawings) you represent, warrant, and agree that you have the unhindered right to do so, that such information does not infringe the copyright, trademark, patent, trade secret, right of privacy or publicity, or other intellectual property or proprietary rights of any other person or company, that such information is not confidential or proprietary to you or any other person or company, that such information does not injure any other person or company, and that Elevate may copy, distribute, modify, display, disclose, transmit, distribute, obtain intellectual property protection in its own name for, or otherwise use such information and/or materials (and any ideas embodied therein), and may manufacture, create, use, offer, and sell products, services, methods, and processes made therefrom, without restriction, in any way it chooses anywhere in the world, free of charge to Elevate and with or without acknowledgment of authorship or source, at Elevate’s sole discretion.  Elevate shall not be liable for any compensation, claims, or damages resulting from any use of any such information, and you agree to defend and hold Elevate harmless with respect to any such compensation, claims, or damages, including attorneys’ fees.

PROHIBITED USES

This Website and all of its Content is offered solely for your own personal, informational, non-competing use.  The following activities are strictly prohibited: (i) misrepresenting your identity; (ii) tampering with this Website; (iii) interrupting or attempting to interrupt the operation of this Website in any way; and (iv) conducting fraudulent activities.  In addition to the requirements set forth in other sections of the Terms of Use, you agree not to access and/or use the Website for any purpose not expressly authorized by the Terms of Use and/or to transmit, post, or distribute to the Website content that:

(1)    constitutes an advertisement or solicitation of business of any kind, including but not limited to spam, chain letters, and pyramid schemes;

(2)    contains or constitutes software, computer programs, or routines of any kind, including but not limited to viruses, bots, worms, and spiders;

(3)    collects information about others, including but not limited to users’ e-mail addresses;

(4)    imposes an unreasonable load on the Website’s infrastructure; and/or

(5)    reverse engineers or decompiles the software comprising or included in the Website.

DISCLAIMER OF WARRANTIES

ALL CONTENT OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR ADVICE THAT MAY BE GIVEN OVER THIS WEBSITE, ARE PROVIDED “AS IS,” AND ALL USE OF THIS SITE IS AT YOUR OWN RISK.   Elevate DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF Elevate, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Elevate DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

Elevate does not warrant or make any representations regarding the use or the results of the use of the information or materials on this Website in terms of their correctness, accuracy, reliability, or otherwise, and information on this Website may contain technical inaccuracies or typographical errors.  Elevate uses reasonable efforts to include accurate and up-to-date information on this Website; however, errors or omissions may occur, including information concerning price and product specifications.  In addition, information, including, but not limited to, product pricing and availability, may be changed or updated without notice.

LIMITATION OF LIABILITY

USE OF THIS WEBSITE IS AT YOUR OWN RISK.  IN NO EVENT WILL Elevate BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE, THE CONTENT, THE SERVICES, OR ANY OTHER HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF Elevate IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.

PRIVACY POLICY    [SSE1]

Elevate is committed to protecting your privacy.  By your use of the Website, you consent to be governed by this Privacy Policy.

Personal Information may include your name, your address including your country of domicile, your e-mail address, your telephone number, your fax number, your IP address, and/or your business type/profession (“Personal Information”).

This Website is directed to adults.  Elevate does not knowingly collect and/or share Personal Information about children under the age of thirteen on the Website.  If, in the future, Elevate collects Personal Information from children, it will do so in compliance with the Children’s Online Privacy Protection Act of 1998.

You can visit the Website without disclosing any information about yourself.  However, to participate in any services, download any Content, take part in any other interactive feature of the Website, and/or receive information from Elevate, such as newsletters or e-mail regarding upcoming events, you may need to register and provide accurate information about yourself to the Website, as the services and Content may not work properly without such information.

Additionally, the Website contains links to websites that are not operated by Elevate.  These third parties may collect data from you and share some of that data with us or others.  Elevate is careful when choosing its partners, sponsors, and affiliates, but Elevate is not responsible for any misuse of personal information by such third parties.  We recommend that you view the privacy policy posted on each website that you use to confirm that the site’s policies are acceptable to you.

Any Personal Information you provide to the Website is protected from unauthorized disclosure by commercially reasonable technological measures.  If you have any questions about your Personal Information, please contact Elevate using the Contact Us link on the Website.  While Elevate strives to protect and safeguard your Personal Information by commercially reasonable measures and other means, Elevate cannot guarantee or warrant the security of the information you transmit to us, and if you choose to use the Website, services, and/or Content, you do so at your own risk.  There may be additional security risks if you provide your Personal Information and/or password over a public or third-party network.  Please keep in mind that the information disclosed by you on the Website — for example, information you may provide to others on bulletin boards or in chat rooms that may be available on the Website — may be collected and used by visitors to the Website.

Personal Information may be used for marketing and promotional communications by Elevate, its partners, sponsors, affiliates, successors, and assigns.  Elevate respects the right of each user to decide whether to receive such information.  If you do not wish to receive marketing and promotional communications from us or our partners, sponsors, and affiliates, you can choose to opt-out by contacting Elevate using the Contact Us link on the Website.

The Website or Elevate may be sold, or other transactions may occur in which Personal Information is one of the business assets transferred by Elevate.  In such a case, your Personal Information may be one of the assets we transfer.

By visiting the Website and providing Elevate with Personal Information, you acknowledge and agree that due to the international dimension of the company, Elevate may use the Personal Information collected as set forth in this Privacy Policy, and to provide the Personal Information to Elevate’s parent companies, other Elevate businesses, and selected third parties which may be outside your resident jurisdiction.  In addition, such Personal Information may be stored on servers located in other jurisdictions.  By providing Elevate with such Personal Information, you consent to the transfer of such Personal Information.

To evaluate the Website and ensure that we are providing Content and services of interest to you, we may collect and store statistical information regarding how you use the Website, the name of your Internet Service Provider, the website that referred you to the Website, and the time and date you view the Website.  We may also use Personal Information to develop demographic information regarding Website users.  Such aggregated information will not identify you personally.  We may share this aggregated, statistical information with our partners, sponsors, affiliates, and other third-parties.

From time to time Elevate may place a cookie or Local Shared Object (LSO) on your computer.  A “cookie” is a small line of code that is stored in your browser when you visit a cookie-enabled website.  An LSO is a collection of data stored as a file on a user’s computer.

Cookies and LSOs allow Elevate to track and keep records on user activity.  Most browsers are initially set to accept cookies and LSOs.  If you set your browser to reject cookies or LSOs, it is possible that some parts of the Website will not function.  Moreover, in order to use the services, your browser may need to accept cookies and/or LSOs.

The Website automatically collects information pertaining to your access of the Website.  Such information may include your Internet protocol (“IP”) address as well as other connection and usage data or information.

Elevate reserves the right to access and disclose Personal Information to comply with applicable laws and lawful government requests, to operate its systems properly, or to protect itself or others.  Elevate may attempt to obtain the prior consent of the individual before disclosing the Personal Information, but it has no obligation to do so.

Upon your written request, Elevate will (1) remove your Personal Information from Elevate’s database (which may cancel your subscription to any service); and/or (2) correct or update your Personal Information.  To request that Elevate remove, correct, or update your Personal Information please contact Elevate using the Contact Us link on the Website.

Elevate reserves the right to modify this Privacy Policy at any time.  Please review the Terms of Use from time to time to ensure your familiarity with its terms.  If you have any questions about this Privacy Policy, please contact Elevate using the Contact Us link on the Website.

TERMINATION OF SERVICE

Elevate reserves the right to change or discontinue at any time, without notice, the Website, any services, contests, Content, materials, equipment, specifications, models, and/or products, described on the Website, or the availability thereof.  Products, methods, and processes described on the Website may be covered by U.S. or foreign patents and/or other intellectual property rights.  Elevate also reserves the right, in its sole discretion, to terminate the Terms of Use and your access to all or part of the Website, with or without notice to you.

Your obligations under the Terms of Use continue for as long as you access or use this Website or use or maintain any of the content of the Website or copies thereof.  You may terminate your obligations at any time by discontinuing your use of the Website and by destroying all content obtained from it, and all copies thereof.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Elevate and its parents, subsidiaries, affiliates, directors, officers, employees, agents, licensors, partners, co-branders, members, representatives, related companies, counsel, successors, and/or assigns, from and against all liabilities, claims, expenses, or demands, including reasonable attorneys’ fees and amounts paid to settle claims, made by any third-party due to or arising from the content you submit, post, or transmit to or through the Website, your use of the Website, your violation of the Terms of Use, or your violation of any rights of another.

NO WAIVER

The failure of Elevate to enforce any provision of the Terms of Use, or to respond to a breach of the Terms of Use, by you or other parties shall not in any way constitute a waiver of Elevate’s rights to subsequently enforce any provision of the Terms of Use against you or any other party.

NOTICES

Elevate may give notices to users of the Website, at Elevate’s option, by posting a message on the Website, by e-mail, or by regular mail.  Notices to Elevate, including reports of any violations of these Terms of Use, can be sent using the Contact Us link on the Website or by regular mail to:

Holcim Solutions and Products US, LLC

Attention: Web Administrator/Legal Department

200 4^th Avenue South

Suite 100

Nashville, TN 37201

LOCATION AND GOVERNING LAW

The Website is controlled, operated and administered by Elevate from its offices within the United States of America (U.S.).  Elevate makes no representation that materials on this Website are appropriate or available for use at locations outside of the U.S. and access to any such materials from territories where their contents are illegal is prohibited.  You may not use the Website or export the Content in violation of U.S. export laws or regulations. If you access this Website from a location outside of the U.S., you are responsible for compliance with all local laws and regulations.

The Terms of Use will be governed by and construed in accordance with the laws of the State of Tennessee without regard to its choice of law or conflicts of law principles.  You hereby agree that any cause of action you may have with respect to the Website must be filed in a local or federal court located in the State of Tennessee.

CHANGES TO THE TERMS OF USE

These Terms of Use were last updated in September 2018 and became effective immediately.  Elevate reserves the right to modify the Terms of Use at its sole discretion.  If Elevate decides to change the Terms of Use, Elevate will post those changes here.  We encourage you to visit this section of our site regularly in order to remain informed of any changes.  Changes to the Terms of Use become effective as of the time they are posted to the Website.

HEADINGS

The section/paragraph headings appearing in the Terms of Use are inserted only as a matter of convenience and in no way define, limit, construe, or describe the scope of extent of such section or in any way affect such section/paragraph.

© 2018 Holcim Solutions and Products US, LLC

All rights reserved