© 2020 DFW COMMERCIAL CONSTRUCTION, INC. ALL RIGHTS RESERVED

DFW Commercial Construction, Inc. (“DFW”) retains all copyrights in any text, graphic images, and software owned by DFW and hereby authorizes you to electronically copy documents published herein solely for the purpose of transmitting or viewing the information. You may not mirror, modify or otherwise alter any files in this website for rebroadcast, or print the information contained therein, without written permission from DFW. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any DFW copyright, patent or trademark.

DFW, their respective logos, trade dress as well as corporate and product identity used herein, are trademarks of DFW and may not be used without permission. DFW are registered trademarks of DFW Concrete, Inc., P. O. Box 311, Fate, Texas 75132.

Legal Notices

The information in this publication, including text, images, and links, are PROVIDED "AS IS" BY DFW SOLELY AS A CONVENIENCE TO ITS CUSTOMERS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DFW assumes no responsibility for errors or omissions in this publication or other documents which are referenced by or linked to this publication. This publication could include technical or other inaccuracies, and not all products or services referenced herein are available in all areas. Changes are periodically added to the information, and DFW may change the products or services described in this publication at any time. Contact DFW for further information before relying on any information contained herein.

Should you choose to respond directly to DFW with comments, questions, suggestions, ideas or the like relating to this Web Site or DFW products and services, you agree that such information shall be deemed as non-confidential and DFW shall have no obligation to respond and be free to reproduce, use, disclose and distribute the information to others without limitation, including but not limited to developing, manufacturing, and marketing products incorporating such information.

Linked Sites The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under DFW's control, and DFW is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

DATA GOVERNANCE STATEMENT (Last update May 01, 2019)

This Data Governance Statement describes the practices of DFW Commercial Construction, Inc. (together with our Affiliates, “DFW,” “we,” “us” or “our”) for collecting information from distribution networks (including dealers and their related entities, “Distribution Networks”), Affiliates (as defined below) and each of our and their customers relating to machines, products or other assets and their associated worksites (collectively “Assets”). We collect this information through online and offline means including: (1) applications and platforms for use on or through computers, APIs, and mobile devices; (2) telematics or other devices on Assets, whether manufactured by DFW or by other companies (“Devices” and, together with the Applications, “Digital Offerings”); and (3) our Distribution Networks, component manufacturers, service providers, and customers. As used in this Data Governance Statement, “you” means you individually and, as applicable, the company or entity you represent and each of its employees, agents and representatives.

You should regularly review this Statement carefully to understand what information our digital offerings receive, generate and transmit—and what we do with that information. By providing System Data, Operations Data, or Personal Information (each as defined below) to us, you agree to the terms and conditions of this Data Governance Statement, including our collection, use and sharing of that information.

 

WHAT INFORMATION WE MAY COLLECT

“Personal Information” is any information about a specific individual or that identifies or may identify a specific individual, as further described in the DFW Privacy Statement. While this Data Governance Statement includes references to Personal Information for purposes of clarity and transparency, the DFW Privacy Statement and the privacy notice applicable to your Digital Offerings, are controlling with respect to the matters described in those documents, including the collection, use, transfer, disclosure and management of Personal Information. Nothing in this Data Governance Statement is intended to modify the DFW Privacy Statement or any applicable privacy notices.

“System Data” is information that is ingested or used by or generated through Digital Offerings, which may include:

· Device, Asset and Component Information, including model number, serial number, order number, software and hardware version numbers, performance, and configuration, including work tools or other peripheral devices attached to Assets.

· Electronic Data, including sensor logs, trends, histograms, event data, other alerts, digital state data, fault codes, idle time, daily and cumulative fuel consumption, emissions data, service

meter hours, electronic data files downloaded manually or automatically from an Asset, troubleshooting data, and other data, depending on the customer and Asset and communication channel used by a Device.

· Inspection Data, including results of inspections using a DFW or third-party inspection system.

· Device Location Information, including the physical location of an Asset (e.g., determined using satellite, GPS, cell phone tower, Bluetooth or Wi-Fi signals).

· Fluid Data, including analysis results of fluid samples (such as oil, hydraulic and coolant fluids) obtained using DFW or third-party tools.

· Event Recorder Data, including location, speed, direction and associated video recordings, use of controls and positive train control information.

· Service and Maintenance History, including work orders (records of all maintenance, repair, parts purchases, replacement and modification to an Asset), component life (history of usage and wear life of a component), maintenance schedule, planned maintenance, warranty coverage data, maintenance and repair contracts, service intervals (scheduled interval for planned maintenance of component replacement activities for an Asset), component lists (lists of parts that make up an Asset) and service letters (describing special service actions recommended by DFW to correct a known problem with an Asset).

· Site and Environmental Conditions, including the type of work being done, condition of roads or tracks, altitude, climate and material tracking.

· Patterns of Use, including any user-defined information relating to a product you provide to us through a Digital Offering.

“Operations Data” is additional information we may collect from or that is otherwise provided by Distribution Networks, which may include:

· Information contained in invoices and service contracts.

· Information about customers of Distribution Networks, including certain Personal Information relating to such customers or their dealer sales representatives.

· Work order data, including information about the customer, Asset involved, problem identified, and repairs performed

· Store hierarchy data, including information about dealer inventory reporting and replenishment processes.

· Information used by Distribution Networks to manage a fleet of Assets (either owned or rental) including customers of Distribution Networks and worksites.

· Dealer component data, including information relating to management and replenishment of parts inventory, and customer purchases, returns and replacements.

Information collected by DFW may simultaneously constitute System Data, Personal Information, and Operations Data, or any combination thereof. If you submit any System Data, Operations Data, or Personal Information, including System Data that may relate to Devices on Assets that are not manufactured by DFW, you represent that you have the authority to do so and to permit us to use the information in accordance with this Data Governance Statement.

 

HOW WE MAY COLLECT INFORMATION

We and our service providers may collect information in a variety of ways, including:

· Through Devices: We may receive information via cellular or satellite link, or radio or Ethernet connection from Assets equipped with a Device, which may include System Data (such as information relating to the Device or Asset) or Personal Information (such as from information generated by fatigue monitoring devices, on-board camera and proximity detection systems, and in-cab monitoring technology). Some information may be collected automatically, such as fault codes, hours of operation and fuel levels.

· Through Applications and Online: We may collect information through Applications (e.g., when you enter maintenance information) or when you use our websites, online services or platforms. We may also receive information through other online means, such as when you initiate a data transmission through on-site servers or email inspection information to us. We may also collect information typically collected through websites and mobile applications, such as browser and device information, application usage data, information collected through cookies, pixel tags and other technologies, IP addresses and location information.

· Offline: We may collect information when you interact with us or our Distribution Networks, attend one of our trade shows, place an order or contact customer service.

· From Component Manufacturers and OEMs: We may obtain System Data from manufacturers of the components in your Assets or of Assets manufactured by others you use. This information may be provided to us automatically.

· Through Wearable Technology: We may collect information through wearable technology, such as fatigue monitoring devices or RFID tags embedded in hardhats or safety vests.

· From Asset Owners, Distribution Networks and Others: We may receive additional information from Asset owners, Distribution Networks, operators and other persons who have management responsibility for an Asset.

· From Other Sources: We may receive your information from other sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or are otherwise connected) and from other third parties. We may collect or generate information from troubleshooting data, from your service providers (such as fluid analysts and site inspectors) or from maintenance, inspection or warranty records.

 

HOW WE MAY USE INFORMATION

We may, and may permit our Distribution Networks to, use collected information for the following purposes:

· To Provide Services to You and Others:

· To allow you or the dealer to monitor the status of Assets, to provide you use of Applications, to complete and fulfill purchases, and to communicate with you regarding your purchase or rental and provide you with related customer service.

· To fulfill customer support agreements, perform maintenance and repairs and deliver rental Assets or parts.

· To make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training for operators.

· To enhance the safety of machine operations, including by tracking proximity to Assets, other objects or humans.

· To enable remote technician services, such as remote troubleshooting, and remote tuning.

· To provide you with location-based services and content.

· To Enable Communications:

· To manage the connection to the Asset or Device.

· To allow you and other users of Applications to communicate with each other through Applications.

· To send administrative or contractual information, for example, information regarding the terms and conditions of using Digital Offerings, warranty policies or service contracts.

· To provide you with information about new products and services and to send you marketing communications that we believe may be of interest to you.

· For General Business Purposes:

· To conduct market research or to evaluate DFW or Distribution Networks.

· To perform data analytics, audits, improving products, developing new products, enhancing, improving or modifying our Digital Offerings, identifying usage trends and operating and expanding our business activities and for statistical analysis based on aggregated and de-identified data, such as benchmarking reports.

· To provide services to customers, manage work flow, monitor repairs, project future maintenance and service, and troubleshoot issues.

· To validate effectiveness of recommendations, resolve complaints, and fulfill orders.

· To manage inventory so we can provide you parts and services.

· To manage a fleet of owned or rented Assets.

· To maximize the efficiency of operations and increase sales.

· To develop digital applications.

· Other Uses:

· To allow you to participate in sweepstakes, contests or similar promotions and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information. We suggest that you read any such rules carefully, including the DFW Privacy Statement and any applicable privacy notices.

· For additional uses as agreed by you and us.

With respect to audiovisual data that identifies an individual or physiological data for an identifiable individual, we will use that data only to provide products and services to our customers, including to make recommendations regarding safety, Asset health, maintenance, worksite efficiency and productivity training for operators, and to improve our products and services.

 

HOW WE MAY DISCLOSE INFORMATION

We may disclose information:

· To the entities directly or indirectly controlling, controlled by or under common control with DFW Concrete, Inc. (“Affiliates”) for the purposes described in this Data Governance Statement. DFW Concrete, Inc. is the entity responsible for information jointly used with its Affiliates.

· To Distribution Networks to permit them to use System Data and Personal Information to maintain relationships with you, provide services to you and send marketing communications to you.

· To Asset owners, to permit them to manage their use of their Asset.

· To our service providers who provide services such as data analytics, information technology and related infrastructure provision, application development, platform hosting, customer service, product development, auditing, advisory and other services.

· To component manufacturers, to permit them to study the use of their products, to improve their products and to develop new products.

· To agents, service providers or other third parties contracted by or engaged in business with Asset owners, who have management responsibility for the Asset.

· To a third party in the event of reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our or any of our Affiliate’s business, Assets or stock (including in connection with any bankruptcy or similar proceedings). · To make data available consistent with this Data Governance Statement through the Developer Portal or other similar APIs.

· To additional recipients as agreed by you and us.

Location Data: We may share location information with our Affiliates and Distribution Networks to enable them to provide you with localized content and services. In some instances, you may be permitted to allow or deny such uses and/or sharing of your Device’s location, but if you do, we and/or our Affiliates and Distribution Networks may not be able to provide you with the applicable services and content.

We may use or disclose information, as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to lawful requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our Affiliates and Distribution Networks; (f) to protect our rights, privacy, safety or property, and/or that of our Affiliates, Distribution Network, you or others, including for purposes of information security; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

De-identified or Aggregated Information: We may use and disclose de-identified or aggregated information (i.e., information that does not identify you or any other user of the Digital Offerings) for any purpose, except where we are required to do otherwise under applicable law.

 

SECURITY

We use reasonable organizational, technical and administrative measures designed to protect information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us in accordance with the “Contacting Us” section below.

 

PERSONAL INFORMATION CHOICES AND ACCESS Please refer to the DFW Privacy Statement and any applicable privacy notices to understand your rights and choices regarding our use and disclosure of your Personal Information.

 

OTHER IMPORTANT INFORMATION

Third Party Content: This Data Governance Statement does not address, and we are not responsible for (i) the privacy, information or other practices of any third party operating any website or online service to which a Digital Offerings links (e.g., our Applications may include, for your convenience, a hyperlink to local weather information provided by a third party with whom we have no business relationship) and (ii) Personal Information controlled by a third party, such as a supplier, service provider, or customer, even if such Personal Information is collected or otherwise processed by DFW. Further, the inclusion of a link in a Digital Offering does not imply endorsement of the linked site or service by us or by our Affiliates.

Cross Border Transfers: Your information may be stored and processed in any country where we operate or where our service providers operate, and by using a Digital Offering or otherwise providing data to us consistent with this Data Governance Statement you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

Sensitive Information: Our Digital Offerings are not designed for you to send us sensitive Personal Information such as social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, or genetic characteristics, criminal background or trade union membership. We request that you refrain from sending such information on or through Digital Offerings or otherwise to us.

Distribution Networks: Distribution Networks may have their own privacy statements and data governance policies. We encourage you to regularly review such statements. Such statements and policies are specific to the applicable dealer and do not apply to our collection, use, disclosure or management of information as described in this Data Governance Statement, the DFW Privacy Statement and any applicable privacy notices.

 

UPDATES TO THIS DATA GOVERNANCE STATEMENT

We may change this Data Governance Statement. The “LAST UPDATED” legend at the top of this page indicates when this Data Governance Statement was last revised. Any changes will become effective when we post the revised Data Governance Statement. Your use of Digital Offerings following these changes means that you accept the revised Data Governance Statement.

 

CONTACTING US

If you have any questions about this Data Governance Statement, please contact us at blanca@DFWcommercialconstruction.net

LEGAL NOTICES

PRIVACY NOTICE FOR THE DFWCOMMERCIALCONSTRUCTION.NET WEBSITE

· DFW Commercial Construction, Inc. Privacy Statement

· © 2020 DFW Commercial Construction, Inc. All Rights Reserved

· Data Governance Statement

· Terms of Use

 

Last Revised: May 1, 2019

This privacy notice describes how we collect and process the personal information through the DFWcommercialConstruction.net website. This notice is consistent with DFW’s Privacy Statement, which describes how DFW collects, processes and shares personal data, rights that you may have under privacy laws, and other information relevant to DFW’s processing of personal information.

User-Provided Information

This is an informative website that provides information about DFW. It collects technical information described below and requests your contact information if you decide to leave feedback or request additional information.

Automatically Collected Information & Tracking

When you visit this Website, it automatically collects your Internet Protocol (“IP”) address and other technical information provided by your browser (e.g., your browser software, what site referred you to this Website, etc.).

Additionally, this website uses cookies and other tracking technologies as described in the Cookie Statement found in the Privacy Statement.

Do Not Track Signals

At this time, the DFWcommercialConstruction.net website does not respond to “Do Not Track” signals that may be sent by your browser. We may revisit this as standards develop on how such signals should be interpreted and applied.

Where can I obtain further information about the DFWcommercialConstruction.net website and its privacy practices? Contact DFW

For additional corporate contact information, please see the Privacy Statement on this website.

What happens if this privacy notice changes?

We reserve the right to amend this privacy notice. If we update or change this privacy notice, the changes will be made on this page. Your use of the DFWcommercialConstruction.net website following the posting of changes to this privacy notice will demonstrate your acceptance of those changes.

PRIVACY STATEMENT

This Privacy Statement describes how DFW Commercial Construction, Inc. and its subsidiaries and affiliates (collectively, “DFW,” “we,” “our” or “us”) collect, use and disclose information about visitors and users (collectively, “users”) of our websites, online features, products and services that link to this Privacy Statement (each a “Site” or collectively, “our Sites”). You can identify the DFW that hosts a particular Site through the Site’s footer or “About Us” link. By visiting or using our Sites, you are consenting to us gathering and processing information about you in accordance with this Privacy Statement.

Information We Collect About You

DFW recognizes and respects the privacy of our customers and web visitors. We may collect certain personally identifiable information ("Personal Information") that visitors to this Site voluntarily provide, including but not limited to:

· Contact details such as your name, email address, telephone and fax number, and physical address

· Your company name and address, job title/responsibility

· Comments and inquiries about our products and services as well as information that assists us in identifying the best products and services for you

· Data submitted in connection with an application for employment such as your resume, education and skills, and other data about yourself. This information will be collected and processed by a third party website that all applicants are directed to in order to complete the application process.

We may also automatically use cookies, web beacons, or other tracking technologies to collect certain categories of information from devices (e.g., mobile, computer, laptop, tablet) used to visit or use our Site ("Usage Information"). For more information on this collection, please review the "Cookies and Similar Technologies" section below. Please note that under some laws, including those of the European Union, certain types of Usage Information may be considered personally identifiable information, and in such cases we will treat it as Personal Information.

 

How We Use Your Personal Information

We may use Personal Information received from you for the following purposes:

· Provide you with the services and products offered on our Sites;

· Respond to your inquiries;

· Process orders and execute the transactions you request; and

· For visitors who apply for employment through the third party websites (which are linked to DFWcommercialConcrete.net), to consider the individual for employment. The Personal Information collected by these third party sites will be subject to the privacy practices and policies of those sites.

 

How We Share Your Personal Information

We may share your Personal Information in the following circumstances:

· With service providers who assist us in providing the products and services

· If required to do so by a court order or applicable law

· We may share such information with subsidiaries, affiliates or joint ventures to process transactions and provide services on your behalf

We do not share your Personal Information with third parties for their own marketing purposes.

Cookies and Similar Technologies

In accordance with applicable law, we may use cookies, web beacons, or other tracking technologies (collectively, "Cookies") on our site. A cookie is a small amount of data that is transferred to visitors' web browsers and/or stored on your device. We may use Cookies to collect certain information about users of our Services and interactions with our emails, and to allow us to keep track of analytics and certain statistical information which enables us to improve our Services and provide you with more relevant content on our Services and other sites and apps. For example, we may automatically collect certain non-personal information from you relating to your use of our Services, including, but not limited to, mobile device identifier, browser type, operating system, Internet Protocol ("IP") address, software version, the domain name from which you accessed the Site, phone model, phone operating system, and carrier information. In addition, we may collect information about your browsing behavior, such as the date and time you visit the Site, the areas or pages of the Site that you visit, the amount of time you spend viewing or using the Site, the number of times you return to the Site, other click-stream or Service usage data, emails that you open, forward or click-through to our Services.

Most browsers are initially set to accept cookies. You may, however, disallow reception of cookies at any time by resetting your web browser. DFW does not use cookies to retrieve information from a computer that is unrelated to the Site or your interaction with the Site.

We may also allow certain third parties to place Cookies on our Site in order to collect information about your online activities on our Site and across different websites that you may visit. This information is used to provide advertising tailored to your interests on websites you may visit (internet based advertising), and to analyze the effectiveness of such interest based advertising. Please visit Digital Advertising Alliance or Network Advertising Initiative for more details about interest based advertising Cookies, and certain choices you may have regarding such Cookies.

Do Not Track: At this time, our Site is not configured to honor browsers' "Do Not Track" signals.

 

Access to and Correction of Your Personal Information

To the extent required by law, we provide you with the opportunity to be informed of whether we are processing your Personal Information and to request access, correct, update, oppose, delete, block, limit or object, upon request and free of charge, to our use of your Personal Information. For such inquiries, please contact us as detailed under the “Contact Us” heading below. We will try to comply with your request as soon as reasonably practicable as required by applicable law. Please note that we may need to retain certain information for recordkeeping

purposes, to complete any transactions that you began prior to your request, or for other purposes as required or permitted by applicable law.

 

Security of Your Personal Information

We use commercially reasonable technical, administrative and physical security measures to protect your Personal Information, including generally accepted industry standards to protect the Personal Information submitted to us during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage is 100% secure, so we unfortunately cannot guarantee absolute security. If you have reason to believe that your interaction with us is no longer secure (e.g., if you feel that the security of any account you might have with us has been compromised), please contact us immediately as detailed under the “Contact Us” heading below.

Links to External Websites

This Site provides links to other websites that are not owned or controlled by DFW. Please note that these websites' privacy policies may differ from those of DFW and that this Privacy Statement only applies to Personal Information collected on this Site. We have no control over third party websites and are not responsible or liable for the privacy or business practices of any third party websites linked on our Site. We encourage you to read the privacy statement of any website you may visit, as we are not responsible for such websites' content and policies.

 

Children's Privacy

DFW does not knowingly collect Personal Information from children under the age of 13, and users under the age of 13 should not submit any Personal Information to DFW. If you learn that your child has provided us with Personal Information without your consent and he/she is under the age of 13, please alert us at blanca@DFWcommercialconstruction.net or write to us, as detailed in the Contact Us section below. We will take prompt steps to remove the Personal Information from our systems.

 

Changes to this Privacy Statement

Except to the extent limited by applicable law, we reserve the right to update this Privacy Statement to reflect changes to our practices by prominently posting notice of the update on our Site. Any updates will become effective 30 days after posting the updates to this statement and apply to all information collected about you. If we make any changes to this statement that materially impact previously collected Personal Information about you, we will, to the extent that we have your email address, notify you by email.

 

 

Contact Us

If you have any questions about this Privacy Statement, please contact us by email at blanca@DFWcommercialconstruction.net or by postal mail at:

P. O. Box 311

Fate, Texas 75132

Updated: April 2020

TERMS OF USE

Welcome to DFW Commercial Construction, Inc.'s (“DFW”) website. Unless specified otherwise by DFW for any website, these Terms of Use (these "Terms of Use") contain the terms and conditions that govern your access to and use of DFW websites (the "Site" or "Sites," including www.DFWcommercialConstruction.net, all networked websites operated by DFW and its affiliates, and all data, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code made available by or through the Sites ("Content")). This is an agreement between you or the entity you represent ("you") and DFW Concrete, Inc., a Texas corporation with offices located in Fate, Texas (together with our affiliates that may make any Sites available to you, "DFW," "we," "us," or "our"). DFW is willing to grant access to and use of the Sites to you solely upon your acceptance of all of the terms and conditions of these Terms of Use without modification.

 

BY ACCESSING OR USING ANY SITE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE AND ARE REPRESENTING THAT YOU ARE AUTHORIZED TO ACCESS AND USE THE SITES AND ARE LAWFULLY ABLE TO ENTER INTO THESE TERMS OF USE AND HAVE THE LEGAL AUTHORITY TO BIND ANY ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

 

We reserve the right, in our sole discretion, to update or modify these Terms of Use at any time. Your continued access to and use of the Sites following the posting of any changes to these Terms of Use constitutes acceptance of those changes. Please review the most current version of these Terms of Use at any time at www. DFWcommercialConstruction.net.

Networked Websites

DFW uses DFWcommercialConstruction.net.net as an entry into many networked websites operated by DFW and its subsidiaries or affiliates ("Networked Sites"). Notwithstanding anything to the contrary in these Terms of Use, additional or different terms and conditions may apply to certain Networked Sites. If applicable, such additional or different terms and conditions will be posted on the relevant Networked Sites. If a Networked Site has imposed additional or different terms and conditions, the provisions of that Networked Site shall control in the event of a conflict with these Terms of Use. Except as expressly supplemented or superseded as described herein, these Terms of Use apply to all Networked Sites and control your use thereof.

 

Use of Site

You may access and use the Sites solely in accordance with these Terms of Use. You will strictly adhere to all laws, rules, regulations and DFW policies applicable to the access and use of the Sites, including those laws, rules and regulations that apply to online conduct, online content, and the export of data to and from the United States and your country of residence. In addition, you will not:

 

· Access, acquire, copy or monitor any portion of any Site, or in any way reproduce or circumvent the navigational structure or presentation of any Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available

through any Site, including through the use of any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process.

· Attempt to gain unauthorized access to any portion or feature of any Site, or any other systems or networks connected to any Site or to any server, including by hacking, password "mining" or any other illegitimate means.

· Probe, scan or test the vulnerability of any Site or any network connected to any Site, nor breach the security or authentication measures on any Site or any network connected to any Site.

· Reverse look-up, trace or seek to trace any information on any other user of or visitor to any Site, or any other customer of DFW, including but not limited to personal identification or information.

· Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Site or DFW's systems or networks, or any systems or networks connected to any Site or to DFW.

· Use any device, software or routine to interfere or attempt to interfere with the proper working of any Site, any transaction being conducted on any Site, or with any other person's use of any Site.

· Distribute viruses or any other technologies that may harm DFW or the interests of property any other person or entity, including any other user of any Site.

· Circumvent or manipulate our fee structure, the billing process or fees owed to DFW, its dealers or its business associates.

· Forge or manipulate identifiers in order to disguise the origin of any message or transmittal you send to DFW on or through any Site.

· Pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

· Use any Site for any purpose that is unlawful, prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity, which infringes the rights of DFW or others.

 

Intellectual Property Rights

Except to the extent expressly provided in these Terms of Use under the heading "Grant of License", you agree and acknowledge:

· That DFW owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide ("Intellectual Property Rights") in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content or contained on the Sites ("DFW IP").

· That you have no right, license, or interest in any Intellectual Property Rights in connection with or relating to any Site or Content.

DFW owns all right, title and interest in and to any replacements, improvements, updates, enhancements, derivative works and other modifications (including, without limitation, the incorporation of any ideas, methods or processes provided by or through you) to DFW IP made by any person, even if paid for by you and regardless of whether or not they are similar to any of your Intellectual Property Rights. You will undertake any and all action necessary to vest such ownership in DFW, including without limitation assigning (and you hereby assign) to DFW all rights in and to such Intellectual Property Rights, including, without limitation, patent applications, patents, moral rights and copyrights arising from or relating to any Site or Content.

· No part of any Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without DFW's express prior written consent.

· That all marks that appear throughout the Sites and Content belong to DFW, or the respective owners of such marks, and are protected by U.S. and international trademark and copyright laws. Any use of any of such marks without the express written consent of DFW or the owner of the mark, as appropriate, is strictly prohibited.

· DFW may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of DFW or others.

 

Grant of License

DFW grants you a limited, non-exclusive, non-transferable, non-assignable license (without the right to sublicense) to access and use the Sites solely in a commercially reasonable manner for your legitimate internal business purposes and purposes otherwise consistent with these Terms of Use. You may not:

 

· Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.

· Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.

· Reverse engineer, de-compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.

· Otherwise use or copy any Site or Content except as expressly allowed under this Grant of License and the terms of these Terms of Use.

· Use any Site or Content in a "service bureau" or similar structure whereby third parties obtain use of any Site or Content through you.

· Remove, obscure, or alter any copyright, trademark, or other proprietary notices embedded in, affixed to or accessed in conjunction with any Site or Content.

 

Copyright

DFW respects the rights of all copyright holders and in this regard, DFW has adopted and implemented a policy that provides for the removal from its Sites of materials that infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DFW's office all of the following information

required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

 

· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

· Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site.

· 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 us to locate the material.

· Information reasonably sufficient to permit us to contact the complaining party.

· 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.

· 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.

 

Submissions

Do not use this Site as a means of submitting information you consider to be proprietary. Except as otherwise expressly provided in the terms of use for your transactions with a Networked Site or in a written agreement with DFW applicable to your particular use of a Networked Site, any submission of materials by you will be considered a contribution to DFW for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to DFW, or postings on this Site, are non-confidential (subject to DFW's Privacy Policy) and shall become the sole property of DFW. DFW shall own exclusive rights, including all Intellectual Property Rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to DFW, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

 

Privacy

By accessing or using any Site, you confirm that you have received a copy of the specific Privacy Notice applicable to such Site (available from the Site) and that you understand and agree that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Notice and Privacy Statement.

 

Interactive Forums and User Materials

The Sites may from time to time, include discussion forums and interactive areas. Without limiting any other provisions of these Terms of Use, by using the forums or interactive areas, you agree not to do any of the following:

 

· Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material ("User Materials") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

 

· Upload or transmit any User Materials that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.

· Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.

· Without DFW's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

· DFW takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, if any, DFW is only a forum and is not liable for any statements, representations, or User Materials provided by its users.

 

DFW has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. DFW may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted User Materials. DFW reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.

You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.

Forward Looking Statements

The Sites, and any documents issued by DFW available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. DFW’s actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and

economic risks and instability, including national or international conflicts and civil unrest; (vi) our ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of our customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions and divestitures, including the divestiture to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the DFW production system; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; and (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters.

 

Press Releases

The Content contained within press releases issued by DFW should not be deemed accurate or current except as of the date the release was posted. DFW has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

 

No Warranties

DFW, ITS DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, SUPPLIERS, DEALERS, AFFILIATES, AGENTS AND LICENSORS (THE "DFW PARTIES") DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF ANY SITE OR CONTENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; (b) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DFW PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, (1) WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES ARISING THROUGH COURSE OF DEALINGS OR USAGE OF TRADE, (3) WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITES AND CONTENT, AND (4) WARRANTIES THAT ACCESS TO OR USE OF THE SITES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE; AND (c) THAT YOU WILL ACCESS OR USE THE SITES AND CONTENT OFFERINGS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACCESS OR

USE. NOTWITHSTANDING YOUR USE OF THE SITES AND CONTENT AND REGARDLESS OF ANY INFORMATION PROVIDED THROUGH THEM (WHETHER ACCURATE OR INACCURATE) REGARDING THE OPERATION, MAINTENANCE OR PERFORMANCE STATUS OF THE MACHINES, YOU ARE SOLELY RESPONSIBLE FOR, ASSUME ALL RISK RELATED TO, THE PROPER OPERATION, SUPPORT AND MAINTENANCE OF THE MACHINES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE EXPRESSLY GRANTED IN THESE TERMS OF USE.

 

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE DFW PARTIES BE LIABLE TO YOU OR A THIRD PARTY (INCLUDING ANY CUSTOMER) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, VIRUS INFECTIONS, SYSTEM OUTAGES AND THE LIKE) ARISING OUT OF, BASED ON OR RESULTING FROM THESE TERMS OF USE OR YOUR ACCESS TO, USE OF, MISUSE OF OR INABILITY TO USE ANY SITE OR CONTENT, EVEN IF DFW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING DAMAGES INCURRED BY THIRD PARTIES). THE EXCLUSION OF DAMAGES UNDER THIS SECTION IS INDEPENDENT OF ANY REMEDY PROVIDED UNDER THESE TERMS OF USE AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER DAMAGES ARISE FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, TO THE EXTENT THAT APPLICABLE LAW DOES NOT PROHIBIT SUCH EXCLUSIONS AND LIMITATIONS. IN NO EVENT SHALL DFW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT THAT YOU HAVE PAID TO DFW WITHIN THE MOST RECENTLY TERMINATED MONTH FOR YOUR ACCESS OR USE OF THE RELEVANT SITE AND CONTENT.

 

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Indemnification

You agree to indemnify, defend and hold harmless each of the DFW Parties from and against any and all claims, lawsuits, demands, actions or other proceedings brought against it by any third party due to, arising out of or related to your (a) use of any Site (including any messages or other User Materials you may post or upload to any interactive forum), (b) violation of these Terms of Use, or (c) violation of any law, regulation or third party rights. You shall pay any and all costs, damages and expenses, including, without limitation, reasonable attorneys' fees and costs awarded against or otherwise incurred by the DFW Parties in connection with or arising from any such claim, lawsuit, action, demand or other proceeding.

 

Termination

DFW, in its sole discretion, may terminate your username and password and your right to access or use the Sites and Content at any time for any reason. The license granted herein will automatically terminate without further action of DFW if you breach these Terms of Use or you fail to comply with any of the restrictions as recited herein. Upon the termination of these Terms of Use for any reason, you will cease all use of the Sites and Content The provisions under the headings No Warranties, Limitation of Liability; Remedy, Indemnification, Import and Export Compliance, Contractual Statute of Limitations, Dispute Resolution and Mandatory Arbitration, and Choice of Law; Severability shall survive the termination of these Terms of Use.

 

Updating Sites

We reserve the right, in our sole discretion, to change any and all Sites and Content at any time without notice, including the removal of any Sites and Content. As new or enhanced versions of the Sites are made available, we may require that you update your current version of the related software. Unless otherwise explicitly stated by DFW, any new or enhanced versions of the Sites, Content and Services are subject to the terms of these Terms of Use.

 

Linked Sites

The Sites may contain links to other independent third-party Web sites or resources ("Linked Sites"). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under DFW's control, and DFW is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

 

Import and Export Compliance

You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

 

U.S. Government Rights

The Sites and Content are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.

 

Contractual Statute of Limitations

You agree that you will not assert against DFW any claim or make a demand for dispute resolution arising directly or indirectly under or in connection with these Terms of Use that relates to, or assert as a cause for action, any event which occurred more than 12 months after the earliest date on which the facts are based were or could, with the exercise of reasonable diligence, have been known to you.

 

Dispute Resolution and Mandatory Arbitration

All disputes, claims and controversies relating in any way to your use of the Sites or Content, or to any products or services sold or distributed by such Sites, or otherwise arising out of or relating to these Terms of Use will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: DFW at the addresses contained herein. The arbitration will take place in Dallas, Texas in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under "Contractual Statute of Limitations." In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

The arbitration panel shall consist of one individual appointed by DFW and you. Such individual shall (i) have been selected from the AAA's list of potential arbitrators, (ii) have at least 10 years of experience in the discipline which is the subject of the Dispute, and (iii) be an attorney whose 10 years of experience has been in the realm of litigating and arbitrating issues which are of the subject of the Dispute. If DFW and you fail to mutually agree upon an arbitrator within 15 business days after receipt of the request to arbitrate, then the arbitration panel shall be selected by the administrative office of the AAA. Such office shall, within five days after notice by any party to these Terms of Use, select a single arbitrator who complies with the requirements otherwise set forth in this paragraph. The arbitrator shall render its decision as soon as reasonably possible after its appointment and must follow the terms of these Conditions of Use.

This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.

The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys' fees, incurred by the prevailing party.

Choice of Law; Severability

These Terms of Use shall be governed by the laws of the State of Texas, U.S.A. (regardless of the laws that might be applicable under its principles of conflict of laws). Each party submits to the exclusive jurisdiction of the courts of that place. If any provision of these Terms of Use, or the application thereof, is determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of these Terms of Use, all of which shall remain in full force and effect, and such other provisions will be interpreted so as best to reasonably effect the intent of the parties. The parties further agree to replace any such invalid or unenforceable provision with a valid and enforceable provision designed to achieve, to the extent possible under applicable law, the business purpose and intent of such invalid or unenforceable provision. The laws of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

 

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. This site has been designed to comply with the laws of the State of Texas and of the United States. If any Content or User Materials on any Site, or your use of any 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.

Entire Agreement

These Terms of Use (including, to the extent applicable, any additional terms and conditions for any particular Networked Site and any end user license agreement for any associated software, including mobile applications) constitutes the entire agreement between you and us with respect to the Sites and Content and supersedes and replaces all prior agreements. The section titles in the Agreement are for convenience only and have no legal or contractual effect. The terms and conditions of any quotation, offer, acknowledgement, invoice, or similar document, however designated, directly or indirectly made or issued by you shall not apply.

 

Inquiries Should you have any questions concerning these Terms of Use, write to:

DFW Commercial Construction, Inc., P. O. Box 311, Fate, Texas 75132