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Privacy Policy and Terms of Use

Website Terms of Use

PLEASE READ THESE TERMS CAREFULLY

Welcome to Unique Paving Materials Corporation’s Web site (the “Site”). Use of this Site is conditioned upon your acceptance of the terms and conditions 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 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 Unique Paving Materials Corporation, which we will refer to as “Unique Paving”. All software and content included on this site, such as text, images, and logos, are owned or licensed by Unique Paving, its licensors or content suppliers and protected by United States and foreign copyright laws. Unique Paving 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 web site owned, operated, licensed, or controlled by Unique Paving 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 Unique Paving’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 Unique Paving 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 and you agree not to “frame” or “mirror” the Site.

You may not use any email or other communication functions provided by the Site to send unsolicited commercial communications; to send bulk emails; to send viruses, worms, defects, Trojan horses, corrupted files, or any other such items of a destructive or deceptive nature; or to send phishing emails (i.e., any attempt to acquire other person’s data such as passwords, financial details, and government identification numbers under false pretenses) or other communications that conceal or falsify your identity when sending an email through the Site.

2. Privacy Policy

Any information you give us will be stored and used in accordance with Unique Paving’s 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, UNIQUE PAVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNIQUE PAVING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN 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.

UNIQUE PAVING 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 UNIQUE PAVING DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

4. Limitation of Liability

UNIQUE PAVING 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 CONNECT WITH THE SITE, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF UNIQUE PAVING, AN AFFILIATE OF UNIQUE PAVING, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL UNIQUE PAVING ‘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 UNIQUE PAVING, 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 our officers, directors, employees and agents and to keep us indemnified from all or any liability or damages incurred harmless against any claim, demand, action or suit in contract, tort or otherwise towards a third party as a result of your use of this Site. Without limiting the generality of the foregoing indemnity, you also agree to indemnify and hold us and our officers, directors, employees and agents harmless against any claim, demand, action or suit alleging that your or Company’s use, submission, display, transmission, reproduction or sharing of any user content infringes or violates the rights or property of any person or entity or otherwise as a result of your use of this Site.

6. User Submissions

By registering, 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. Your log-in information and password may not be shared with any other person. You are responsible for any use of your password and other authenticating information, whether by you or any other person.

7. Changes and Modifications

Unique Paving, 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. Unique Paving may modify its services at any time.

Unique Paving may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Unique Paving may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Unique Paving 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 Unique Paving 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 Unique Paving’s Site. Unique Paving 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. Unique Paving 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 Unique Paving logo;

•  you do not create a frame or any other browser or border environment around this Site;

•  you do not in any way imply that Unique Paving is endorsing any products or services other than its own;

•  you do not misrepresent your relationship with Unique Paving nor present any other false information about Unique Paving;

•  you do not otherwise use any Unique Paving trademarks displayed on this Site without express written permission from Unique Paving;

•  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.

Unique Paving 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 Unique Paving for any loss or damage suffered by Unique Paving for breach of this section.

9. Trademark and Copyright Information

HPM®, APM®, Cool Mix®, CPM®, BVM®, Terraphalt®, Unique®, UPM Throw and Roll®, UMP the Good Stuff®, SPX, Kold-Flo®, HPM®, Unique Paving Materials®, UPM® are registered trademarks of Unique Paving in the United States and may not be used in connection with any product or service that is not Unique Paving’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Unique Paving. All trademarks and copyrights, unless otherwise noted, are owned or licensed by the Unique Paving 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 Cuyahoga County, Ohio for resolution of all disputes arising from, concerning, or related to these Terms of Use or your use of the Site, and you consent to the exercise of personal jurisdiction by and exclusive venue in such courts.

11. Local Laws

This Site is operated from Unique Paving’s offices in the United States of America. Unique Paving 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. Unique Paving 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 Unique Paving with respect to this Site. No modification to this agreement shall be effective unless it is executed by Unique Paving. 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 Unique Paving 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 Unique Paving in printed form.

13. Employment

Unique Paving may make employment information available on the Site.  Unique Paving is an equal opportunity employer and provides equal employment opportunities to qualified persons without regard to race, religion, gender, national origin, age, veteran status or disability.

These Terms of Use are effective as of June 2016.

 

Privacy Policy

Effective June 2016

Unique Paving Materials Corporation (“Unique Paving,”, “We” or “Us) respects the privacy of visitors to our website (the “Site”). We provide this explanation about our online information practices, our “Privacy Policy,” to demonstrate our commitment to protect your privacy.

This Privacy Policy discloses the current privacy practices of Unique Paving and by using our Site, you signify your assent to this Privacy Policy and consent to the collection and use of this information in the manner described. We do reserve the right to update the Privacy Policy at any time, without notice. By continuing to use the Site after any change to this Policy, you consent to the new and revised terms. We encourage you to visit this page periodically and review the then current terms.

If you have any questions or concerns regarding this Privacy Policy, you should contact us by phone at (844) 234-7692.

The Information We Collect
We may collect and store personally identifiable information, such as your name, e-mail address and phone number to respond to questions, and to process or fill orders or requests. We may use this information to provide goods and services that you request and to let you know of additional goods and services about which you might be interested. We also use this information to customize your experience using our Site.

We may also retain transaction and experience information, such as information about your transactions with us, as well as information about our communications with you. Examples include your account history, requests for information and our responses. We may match user information we collect with offline data available from other sources in order to carry out our business and to provide our gods and services and to conduct advertising and promotions more effectively.

For product or service orders, Unique Paving may need additional information in order to process or to fulfill your order or request. Unique Paving will not share your personal information with third parties without your permission, except as otherwise necessary to (i) process or fulfill your order, (ii) respond to your request or answer your inquiries, (iii) comply with any applicable law, court order or other judicial process

We may ask you for personally-identifying information at other times, such as if communicate with us.

In addition, we may automatically gather general statistical information about our Site and visitors, such as IP addresses, browsers, pages viewed, number of visitors, goods and services purchased, etc., but in doing so we do not reference you by individual name, e-mail address, home address, or telephone number. We use this data in the aggregate to determine how much our customers use parts of our Site so we can improve our site. We may provide this statistical information to third parties, but when we do so we do not provide personally-identifying information without your permission.

As part of our service, we may use “cookies” to store and, at times, track information about you. A “cookie” is a small amount of data that is sent to your browser from a Web server and stored on your computer’s hard drive. Generally, we use cookies to remind us who you are and enable us to access your account information so you do not have to reenter it; gather statistical information about usage by registered or unregistered users, research visiting patterns, and help target advertisements based on user interests; assist our retail partners track visits and process orders; and track progress and participation in promotions. In some instances, retail partners and advertisers that may from time to time appear at our site may use their own cookies. Preference and options configurations in your internet browser determine if and how a cookie will be accepted. You can change those configurations on your computer if you desire. Please consult your specific browser instructions to learn more about these features. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to reenter your information more often and certain features of our Site may be unavailable.

The Way We Use and Disclose Information
We do not sell or rent personally-identifying information collected during your use of our Site without your permission. We may, however, transfer your information in the event that we transfer ownership of Unique Paving’s stock, assets or business.

If you place a request for products or services, we use information to ship your order; if the products or services are from a retail partner, we may provide your relevant information to that retailer for purposes of the transaction. If you establish a credit account with us or our providers, we may collect additional information, including billing information, credit card number and expiration date, and tracking information from checks or money orders.

We rely upon third parties for important elements of our operations so we will provide your nonpublic personal information, such as your name, address, and account information to these third parties so that they can do their job, such as servicers, financial service providers, marketing companies that help us market our products. We will take appropriate steps to protect your information in these circumstances. These third parties also may have their own privacy policies.

We may also share the information we collect about you with third parties including retailers, credit card issuers and processors, banks and other financial institutions and government agencies.

We may use your personally-identifying information to improve our marketing and promotional efforts, to statistically analyze Site usage, to improve our content and product offerings and to customize our Site’s content, layout, and services.

We may use your information to deliver information to you that, in some cases, is targeted to your interests. We may ask you to provide us voluntarily with additional information regarding your personal or business interests, experience or requests, which we may use to customize our services for you.

We use your e-mail address, your mailing address, and phone number to contact you regarding administrative notices, new product offerings and communications relevant to your use of the Site. If you do not wish to receive these communications, please contact us as indicated above in this Policy. We may also use or disclose information to resolve disputes, investigate problems, or enforce our Terms of Use or purchase agreements. At times, we may review status or activity of multiple users to do so. We may disclose or access information whenever we believe in good faith that the law so requires or if we otherwise consider it necessary to do so to maintain service and improve our products and services.

We may use your IP address to help diagnose problems with our server, to manage our Web site and to enhance our site based on the usage pattern data we receive. Unique Paving reserves the right to transfer any information we have about you in the event we sell or transfer all or a portion of business or assets to a third party acquirer.

Security
We employ reasonable and current security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of information.

Your account information and profile are password-protected. We recommend that you do not divulge your password to anyone. Our personnel will never ask you for your password in an unsolicited phone call or in an unsolicited e-mail. Remember to sign out of your account and close your browser window when you have finished your session. This is to help ensure that others cannot access your personal information and correspondence if you share a computer with someone else or are using a computer in a public place where others may have access to it.

Whenever you voluntarily disclose personal information online–for example on message boards, through e-mail or in chat areas–that information can be collected and used by others. No data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your personal information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.

How You Can Update, Correct or Delete Your Information
You can access the information that we collect online and maintain through normal updating methods. To update, correct or delete this information, you can contact us by phone at (844) 234-7692 or via email at info@uniquepavingmaterials.com.

Your account can be deleted or deactivated, but doing so will may result in your not being able to access or receive certain services.

During the normal course of doing business, we may to share your information among our business units, our affiliates and unaffiliated third parties as necessary in order to service your accounts or orders you place with us.

info@uniquepavingmaterials.com

Your account can be deleted or deactivated, but doing so will may result in your not being able to access or receive certain services.

During the normal course of doing business, we may to share your information among our business units, our affiliates and unaffiliated third parties as necessary in order to service your accounts or orders you place with us.

Children Under 13
This Site is not intended for, nor do we knowingly collect any personally identifiable information from children under the age of 13. However, if the parent or guardian of a child under 13 believes that their child has provided us with personally identifiable information, that parent or guardian should contact us if they want this information deleted from our systems. If we obtain knowledge that we have personally identifiable information about a child under 13 in retrievable form in our files, we will delete that information from our existing files. In addition, anyone under 18 years of age should seek his or her parent’s or guardian’s permission prior to or disclosing any personal information through this Site.

Your California Privacy Rights
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits California residents to request and obtain once a year, free of charge, information about the personal information (if any) that we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please email your request to info@uniquepavingmaterials.com.

Third Party Practices
The Privacy Policy of an advertiser or promotional service appearing at our site may differ from ours. We encourage you to read that policy before responding to the offer.