PLEASE READ THESE TERMS CAREFULLY

Welcome to Dayton Superior’s website (the "Site"). The Site is owned and operated by Dayton Superior Corporation. Use of this Site is conditioned upon your acceptance of the terms and conditions set out below (the "Terms of Use"). By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to change from time to time, so you should review them for changes periodically. Use of the Web site after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use.

1. Scope of Use

This Site is provided by Dayton Superior. All software and content included on this site, such as text, images, and logos, are either owned or licensed by Dayton Superior and are protected by United States and other national copyright and other laws. Dayton Superior grants you permission to view and use the content made available to you on the Site in connection with your use of the Site. Otherwise, no material from this Site or any other web site owned, operated, licensed, or controlled by Dayton Superior or any of its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of Dayton Superior’s copyright and other proprietary rights. Any product, process or technology described in this Web site may be the subject of other intellectual property rights reserved by Dayton Superior or its affiliates and are not licensed hereunder. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials. You may not "frame" or "mirror" the Site.

2. Privacy Policy

Any information you give us will be stored and used in accordance with Dayton Superior's Website Privacy Policy. By indicating you accept these terms and conditions, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Disclaimer

THE SITE AND MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAYTON SUPERIOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DAYTON SUPERIOR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS OR INFORMATION ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

DAYTON SUPERIOR MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND DAYTON SUPERIOR DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

ANY TRANSACTIONS CONDUCTED OR FACILITATED THROUGH OR BY USE OF THE SITE ARE AND REMAIN SUBJECT TO THE TERMS AND CONDITIONS COMMUNICATED IN CONNECTION WITH SUCH TRANSACTIONS, INCLUDING ANY TERMS COMMUNICATED IN ANY ORDER CONFIRMATION OR ACCEPTANCE, INVOICE, SHIPPING DOCUMENT OR THE LIKE, AND NOTHING CONTAINED IN OR COMMUNICATED THROUGH THE SITE SHALL IN ANY WAY MODIFY, WAIVE OR IMPAIR ANY SUCH TERMS AND CONDITIONS.

4. Limitation of Liability

DAYTON SUPERIOR WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR CONNECTION WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF DAYTON SUPERIOR, AN AFFILIATE OF DAYTON SUPERIOR, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAYTON SUPERIOR 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID TO DAYTON SUPERIOR, IF ANY, FOR ACCESSING THIS SITE. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5. Indemnity

If you are accessing the Site in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.

6. User Submissions and Access Security

When you submit information to us, including information provided through the Site, you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality and security of your log-in information and password, if any. Your log-in information and password may not be shared with or used by any other person, and may only be used as we may expressly authorize. You are solely liable for any unauthorized or otherwise unlawful use of any log-in information and password we may make available for you to access any part of this site, and you will indemnify and hold Dayton Superior harmless from any suit, claim, loss or damage (including attorneys' fees) arising from or relating to the unauthorized or otherwise unlawful use of any log-in information or password used to access any part of this site

7. Changes and Modifications

Dayton Superior, at its sole discretion, may change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when notice of such change is posted. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications, or revisions. Dayton Superior may modify its services at any time.

Dayton Superior may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Dayton Superior may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Dayton Superior may terminate the authorization, rights and license given to you, as provided herein, at any time.

8. Third-Party Sites and External Linking to the Site

On the Site Dayton Superior may provide links to web sites operated by other entities as a convenience to Site users. If you use these site links, you will leave Dayton Superior's Site. Dayton Superior makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Dayton Superior disclaims all liability with regard to your access to such linked web sites.

If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:

  • you do not remove, distort or otherwise alter the size or appearance of the Dayton Superior logo or any other Dayton Superior trademark or service mark;
  • you do not create a frame or any other browser or border environment around this Site;
  • you do not in any way imply that Dayton Superior is endorsing any products or services other than its own;
  • you do not misrepresent your relationship with Dayton Superior nor present any other false information about Dayton Superior;
  • you do not otherwise use any Dayton Superior trademarks displayed on this Site without express written permission from Dayton Superior;
  • you do not link from a website that is not owned by you; and
  • your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

Dayton Superior expressly reserves the right to revoke the right granted in this section for breach of these terms and to take any action it deems appropriate. You shall fully indemnify Dayton Superior for any loss or damage suffered by Dayton Superior for breach of this section.

9. Trademark and Copyright Information

All trademarks, service marks and copyrights included in this web site are registered trademarks of Dayton Superior or one or more of its affiliates and may not be used in connection with any product or service that is not Dayton Superior's or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dayton Superior. All trademarks and copyrights, unless otherwise noted, are owned or licensed by the Dayton Superior and its subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.

10. Governing Law

These terms shall be governed by and construed and enforced in accordance with the laws of the State of Ohio, without reference to conflict of laws provisions. You agree to submit to the jurisdiction of the courts located in the State of Ohio, one of the United States of America, for resolution of all disputes arising from, concerning, or related to these Terms of Use and/or your use of the Site. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use.

11. Local Laws

This Site is operated from or through one or more Dayton Superior or third party facility. Dayton Superior makes no representation that the information and materials on the Site are appropriate or available for use in other locations. Access of the Site from locations where the content of the Site may be illegal is prohibited. If you access the Site from other locations, you are responsible for compliance with all applicable local laws. In addition, use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Dayton Superior has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk, and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

12. General Terms

These Terms of Use, the Privacy Policy, and any terms of sale constitute the entire agreement between you and Dayton Superior with respect to this Site. No modification to this agreement shall be effective unless it is executed by Dayton Superior. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement or any notice given by Dayton Superior in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Dayton Superior in printed form.

These Terms of Use are effective as of September 2012.

- See more at: http://www.daytonsuperior.com/termsandconditions.aspx#sthash.FGaolQGv.dpuf