TERMS OF SERVICE AND ACCEPTANCE

Specification Products, LLC Terms of Service and Acceptance
Specification Products, LLC (SPL) provides its service to you subject to the following terms of service and acceptance (TOS), which may be updated by us from time to time without notice to you. If you visit our web site at http://www.specificationproducts.com (the "Site"), you accept the terms of the TOS. You may review the most current version of the TOS at any time at www.specificationproducts.com/policies/terms_of_service In addition, when using particular SPL services; you may also be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.


Description of Service

SPL manufactures, sales, distributes and trains contractors on the use of their proprietary system called ElementFive (E5) The Complete Concrete Slab System for the construction industry. The E5 System is specified by architectural and engineering firms throughout the world, and only E5 certified craftsman are able to purchase and apply the system on projects when specified. The E5 System is made up of both chemical and tooling products which improve the place ability and refinement of both new and retrofit concrete slabs. Unless explicitly stated otherwise, any new features or products that augments or enhances the current E5 System shall be subject to the TOS. You also agree that from time to time the website which provides access to information and payment regarding the E5 system and products may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs which SPL may undertake from time to time, or (iii) causes beyond the control of SPL or which are not reasonably foreseeable by SPL.

Eligibility - The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older. 

User Content - On certain areas of the Site, Users may post, upload, publish, submit or transmit text, information or other materials to be made available through the Site and Services ("User Content"). By making available any User Content through the Site and Services, you hereby grant to SPL a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. SPL does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or Services or you have all rights, licenses, consents and releases that are necessary to grant to SPL the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or SPL's use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright - All content included on the Site, such as text, graphics, logos, images, and data compilations, is the property of SPL or its content suppliers and is protected by United States and international copyright laws. SPL respects the intellectual property of others and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the procedures outlined in our Copyright Notice.

No Resale of Service - You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.



Disclaimer of Warranties and Limitation of Liability
THE SITE IS PROVIDED BY SPL ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPL MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPL DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM SPL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Termination
You agree that SPL, in its sole discretion, may terminate your use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if SPL believes that you have violated or acted inconsistently with the letter or spirit of the TOS. SPL may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that SPL may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that SPL shall not be liable to you or any third-party for any termination of your access to the Service.


Indemnification
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this agreement, or your violation of any law or the rights of any third party.

General Information
The TOS constitutes the entire agreement between you and Specification Products, LLC (SPL) and governs your use of the Service, superseding any prior agreements between you and SPL with respect to this matter. The TOS and the relationship between you and SPL shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The failure of SPL to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
Copyright © (1/02/2015) Specification Products, LLC (SPL) All rights reserved.

Specification Products, LLC (SPL) hereby authorizes you to copy documents published by SPL on the World Wide Web for non-commercial use within your organization only, provided any copy of these documents which you make shall retain all copyright and other proprietary notices contained herein.

Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent or trademark of SPL or any third party; except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any SPL copyright.

This publication is provided "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES 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.

Should any viewer of a SPL published document respond with information including feedback data, such as questions, comments, suggestions, or the like regarding the content of any such SPL document, such information shall be deemed to be non-confidential and SPL shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. SPL shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.

Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, U.S.C. 512(c), notifications of claimed infringement should be sent to SPL's Designated Agent.
The written notice of claimed infringement provided to the Designated Agent must include the following:

1.      A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; Identification of the copyrighted worked claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

2.      Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

3.      Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

4.      A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

5.      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Written notification must be submitted to the following SPL Designated Agent:

General Legal Counsel
Ice Miller LLP, Legal Counsel & Litigation
One American Square, Suite 2900
Indianapolis, IN 46282-0200
Phone: 317-236-2100
Fax: 317-236-2219 

Transactions
You accept this Payments and Billing Agreement when you make a payment through Specification Products. We may amend this agreement and provide you with 30 days prior notice by posting notice of the change on the "Terms of Service and Acceptance" page of our website. After this 30 day notice period, you will be considered as having expressly consented to all amendments to this agreement.

Payments and Billing Agreement: By agreeing to this Payments and Billing Agreement you authorize Specification Products or its designee to initiate debit or charge entries to your account or card designated in the amount(s) and at the time(s) agreed to during your payment experience for the full amount contracted and totaled. If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Specification Products, LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Specification Products, LLC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

 

Specification Products, LLC or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.

 

Refund Policy
The Refund Policy applies to credit card payments made via the SPL site for E5 System products or training. SPL will only issue refunds on credit card payments in cases of fraud or overpayment of an account. In cases of fraud, the customer must submit a signed affidavit from the bank or agency issuing the credit card. When you pay by credit card, it is our policy to issue the refund back to that credit card account used to make the payment. Payment amounts received in excess of your charges will be refunded to you automatically directly by SPL.