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Privacy Policy and Terms of Use

Your access to and/or use of the Continental Building Products Inc. (“Continental”) website (the “Site”) indicates your acceptance of the following terms and conditions.
 
This Site is owned and operated by Continental Building Products Inc. and its subsidiaries. Throughout this Site, the terms "Continental," "the company, "we,” "us,” "our,” "it" and similar terms are sometimes used generically for editorial convenience to refer to Continental and its subsidiaries and affiliates. Continental offers this website, including any and all information, tools and services which may be available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. This Site is meant to be accessed by legal residents of the United States and Canada only.
 
This Privacy Policy and Terms of Use describes the terms and conditions on which Continental allows access and use of Continental's website (including any of the services made a part of or available there through) and various other web pages and sites operated by Continental, as well as explains our cookie policy and online data gathering information practices when you visit the Continental website and also sets forth the terms of your use of our website and data contained therein. Some of the Continental web pages on the Site may provide services or features under their own terms and conditions of use and you agree to comply with such terms of use in your use of those services. In the event of a conflict, the additional terms and conditions will govern for those sections or pages. By accessing this website you accept all the terms and conditions of this Privacy Policy and Terms of Use. If you do not agree with the terms and conditions of this Privacy policy and Terms of Use, you may not access or use this website.
 

Cookies and Referrers

Continental may collect non-personal information about you through "cookies" and "referrers," as well as various browser environment variables such as the IP address from which you access the Internet, the time you accessed our website, type of browser and operating system or platform used, the website you left to visit our website and the pages you visit while at our website. A "cookie" is a small text file placed on your hard drive by our server. We are able to read these cookies for information purposes when you revisit our website. We use cookie information to improve our knowledge of the use of our website and to enable us to ascertain whether the website is operating at optimal level. This allows us to enhance our web offerings to you and to provide an enjoyable and an innovative online experience. Cookies do not identify you or disclose any personal data to the Continental website and they do not have the capability to search for other types of data on hard disks, nor to follow your click stream on the Internet generally. You can erase or block cookies by changing the settings on your computer. This website and/or certain features of this website may only be accessible to users who have cookies enabled in their web browser; if you disable cookies from your computer you may not be able to access this website or utilize some features of this website. We also use cookies and their affiliated sessions to monitor activity within our Site, to understand which features are most popular, how often users visit the Site and what type of activities are most common. A "referrer" is information the web browser passes along to Continental's web server that references the URL from which you came. You cannot be identified from this information. We collect and may store all of this information to allow us to detect broad demographic and geographic trends, to provide information tailored to your interests and to enhance your experience on Continental's website. When collecting statistical demographic and geographical information we may use reputable third-party service providers who share our high privacy standards.


Content Subject To Change; Modifications to Privacy Policy and Terms of Use

Content provided on the Site is subject to change at any time without notice. This Privacy Policy and Terms of Use may be modified in our sole discretion at any time by changing, adding or removing the terms you see here or any portion thereof, in whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to check periodically for any changes we make to the Privacy Policy and Terms of Use. Your continued use of the Site after any changes to the Privacy Policy and Terms of Use or other policies means you accept the changes.


Copyright Notice; Intellectual Property

All content is the exclusive property of and owned by Continental and its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Trademarks, logos and service marks displayed on this Site are registered and unregistered trademarks of Continental or its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. Continental reserves all rights not expressly granted in and to the Site and its content. Continental neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Continental.


Disclaimers

Your use of this Site is at your sole risk. Nothing on this website should be construed as constituting a proposition of sale or purchase. We are not responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Site or the content.  The Site, all content and any of the services included in or available through the Site are provided “as is” and “as available,” with no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained therefrom, and without warranty of any kind, express or implied, including but not limited to warranties of title, non-infringement, performance, merchantability and fitness  for a particular purpose or use.  In addition, Continental makes no representations, warranties or guarantees that the Site will be secure, accessible continuously and without interruption, or error free. You agree that under no circumstance will we or our agents, officers or employees be responsible for or liable to you or anyone else for: any content contained on or omitted from the Site; any person's reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist in the Site, the consequences of any decision you or any other person takes or fails to take whether or not based on content provided by or resulting from use of the Site. To the extent this website contains forward-looking statements about future events and the future operational and financial performance of Continental, including but not limited to words such as "anticipates," "expects," "intends," "plans," "targets," "projects," "believes," "seeks," "schedules," "estimates," "budgets," you expressly acknowledge and agree that such statements: 1) are based on Continental's then-current expectations, estimates and projections; 2) are not guarantees of future performance; and 3) are subject to certain risks, uncertainties and other factors, some of which are beyond our control and are difficult to predict. Actual results may differ significantly from results discussed in the forward-looking statements. You should not place undue reliance on these forward-looking statements. Unless legally required, Continental undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise. If you are dissatisfied with any portion of the Site, or with any of these terms of use your sole and exclusive remedy is to discontinue using the Site. your access to the Site does not imply an obligation on the part of Continental to continue in any way a business relationship with you, to continue to grant you credit terms in connection with the sale of any products to you or to continue to sell products at any time in the future. Nothing on this website should be construed as constituting a proposition of sale or purchase. 
 
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.


Accuracy, Completeness and Timeliness of Information

The content on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content is at your own risk. This Site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.


Limit on Damages

You acknowledge and agree that you assume full responsibility for your use of the Site and agree that your use of the Site is at your own risk. You acknowledge and agree that any information you send or receive during your use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that, to the fullest extent permitted by applicable law, neither Continental nor its parent company, subsidiaries, affiliates, suppliers or third-party content providers, or their respective agents, officers or employees shall be liable for any loss of profits, loss of use, loss of data, or interruption of business, nor for direct, indirect, punitive, special, incidental, consequential, exemplary or other damages of any kind arising in any way in connection with the Site, any software used to access the Site, or any other site you access through a link from this Site, any of the services or products available through the Site or the content, regardless of whether such claim arises under any theory of tort, contract, strict liability or otherwise and regardless of whether we are advised of the possibility of any such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. The foregoing disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage and any other tangible or intangible loss. You specifically acknowledge and agree that neither Continental nor its suppliers shall be liable for any lost profits, theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, or any defamatory, offensive or illegal conduct of any user of the Site. Your sole and exclusive remedy for any of the above claims or any dispute with Continental is to discontinue your use of the Site. You and Continental agree that, unless otherwise prohibited by law, any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.


Links to Third-Party Sites

As a convenience to you, Continental may provide links to websites operated by entities other than Continental ("Linked Site(s)") the inclusion of which should not be viewed as an endorsement thereof under any circumstance. Any links on our Site are provided as a convenience to you and on the understanding that Continental has not necessarily reviewed all the information on such other websites. Linked Sites are not under the control of Continental. If you use a Linked Site, you will leave the Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements and understand the privacy policies of the Linked Site. Continental makes no warranty or representation regarding, and does not endorse and is not responsible for, any Linked Site or the information appearing thereon or any of the products or services described thereon. Continental is not responsible for the content of such other websites or any losses, damages or other liabilities incurred as a result of your use of any linked sites. Links to the Linked Site do not imply that Continental sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Continental.


Submission of Information

Except as otherwise stated herein, all information transmitted or otherwise submitted to us via the Site shall become our property and we shall be free to use such information for any lawful purpose. Please note Continental does not accept or consider unsolicited ideas, including ideas for new promotions, products, technologies, or processes. You must not transmit any material to or through this Site that you consider to be confidential or proprietary. We cannot guarantee complete confidentiality of information shared over the Internet. By transmitting information to the Site you agree to assume that risk with respect to all data transmitted by you and transmitted by us to you. We may require your use of certain encryption systems to lessen these risks in certain transactions. Any material that you transmit to Continental or through this website will be considered non-confidential and non-proprietary to avoid potential misunderstandings or disputes regarding ownership of ideas. Except as expressly provided in a separate written agreement duly executed by you and Continental, you give Continental an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that Continental has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (and those who act on your behalf) transmit to or through the Site.


Indemnity

You agree to indemnify, defend and hold harmless Continental and its parent company, subsidiaries, affiliates and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising in connection with or resulting from your use of the Site and/or any violation of this Privacy Policy and Terms of Use. If you cause a technical disruption of any Continental website or the systems transmitting such website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Continental reserves the right to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to fully cooperate with Continental in the defense of such matter.


Suspension and Termination

Continental may modify, terminate and/or suspend your access to the Site, any related services or any portion thereof at any time, without notice. Continental may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Continental reserves the right to prohibit any person from using this Site for any reason whatsoever at any time without notice. Continental may also at any time discontinue providing the Site, or any part thereof, with or without notice. Termination of your access or use will not waive or affect any other right or relief to which Continental may be entitled at law or in equity.


Use for Illegal Activities Prohibited

It is prohibited to use the Site in violation of the terms herein, in any manner that could damage, disable, interrupt, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site or for any illegal activities. Illegal activities include, but are not limited to, tampering with information databases and software, unauthorized entry to other networks or computers, trafficking in illegal products or substances, disobeying trade restrictions, violating civil rights laws or knowledgeable vandalism or destruction of online files. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site including U.S. export laws and regulations, which regulate the distribution of materials and services originating in the United States.


Children’s Online Privacy Protection Act Compliance

The Children's Online Privacy Protection Act (C.O.P.P.A.) of 1998 provides safeguards to protect children who use the Internet by regulating the online collection of personal information from children under the age of 13. According to this Act, "(...) if you operate a general audience website and have actual knowledge that you are collecting personal information from children, you must comply with the Children's Online Privacy Protection Act (C.O.P.P.A.)." Continental does not intend to collect any Personal Identification Information from children under the age of 13. However, if children under the age of 13 provide Personal Identification Information to us, their parents or legal guardian should request that we delete this information from our files by sending us an email at info@continental-bp.com. We will use all reasonable efforts to delete children's information from our files. Further information about the Children's Online Privacy Protection Act of 1998 may be found on the Federal Trade Commission's website (www.ftc.gov).


Jurisdiction and Applicable Law

This Site has been designed to comply with the laws of the Commonwealth of Virginia and of the United States and the applicable privacy laws of Canada. The laws of Virginia govern the Continental Privacy Policy and Terms of Use and your use of the Site, without regard to Virginia's conflict of laws rules, and you expressly agree that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You irrevocably consent to the jurisdiction of the courts located in the County of Fairfax, Virginia for any action arising out of or relating this Site or your use thereof. We recognize that it is possible for you to obtain access to this Site from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.


Agreement to Arbitrate

All disputes relating to this Privacy Policy and Terms of Use, use of the Site or the content shall be subject to final and binding arbitration, with the losing party paying all costs of arbitration. Any arbitration relating to this Privacy Policy and Terms of Use shall be held in Fairfax County, Virginia, under the rules of the American Arbitration Association.


Waiver; Rights Cumulative; Severability; Survival

Continental's failure to insist at any time upon strict compliance with any term of this Privacy Policy and Terms of Use, or any delay or failure on Continental's part to exercise any power or right given to Continental in this Privacy Policy and Terms of Use, or a continued course of such conduct on Continental's part shall at no time operate as a waiver of such power or right, nor shall any single or partial exercise preclude any other future exercise. All rights and remedies given to Continental in this Privacy Policy and Terms of Use are cumulative and not exclusive of any other rights or remedies that Continental otherwise has at law or equity. Any rights not otherwise expressly granted by this Privacy Policy and Terms of Use are reserved by us. Captions are for convenience only. If any part of this Privacy Policy and Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 Privacy Policy and Terms of Use shall continue in effect. The provisions of this Privacy Policy and Terms of Use which expressly or by implication are intended to survive any suspension or termination of your access to the Site will so survive.


Entire Agreement and Admissibility

This Privacy Policy and Terms of Use constitute the entire agreement and understanding between you and Continental with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of the Privacy Policy and Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


How to Contact Us

You may use the "Contact Us" feature on our Site, which may require you to supply your name, contact information such as your mailing address and/or email address, employer and your comment(s) and/or question(s). In addition, if you have any questions, comments or concerns regarding our Privacy Policy and Terms of Use, this Site or the content, please contact us by writing us at:
 
Continental Building Products Inc.
12950 Worldgate Drive
Suite 700
Herndon, Virginia 20170
Attn: General Counsel
 
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