Terms of Use


General

The following are terms of a legal agreement between you and Vulcan Materials Company (“Vulcan”). By accessing, browsing, or using this Vulcan Web Site (“Site”), you acknowledge that you have read, understood, and agree to be bound by these terms of use. If you do not agree to these terms, please do not use this Site.

Copyright and Other Intellectual Property Rights

This Site and all content in this Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without Vulcan's prior written consent (which may be granted, withheld or conditioned in Vulcan’s sole discretion), except that Vulcan hereby grants you non-exclusive, non-transferable, limited permission to access and display the web pages within this Site, solely on your computer and for your personal, non-commercial use of this Site. This permission is conditioned on your not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Any product, process or technology described in this Site may be the subject of other intellectual property rights reserved by Vulcan. Nothing contained under this Site terms of use shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or other intellectual property right of Vulcan or any third party. Any rights not expressly granted herein are reserved.

Vulcan, the Vulcan logo, and other names of Vulcan and Vulcan products referenced in this Site are registered trademarks or other trademarks, service marks or trade names of Vulcan Materials Company or its subsidiaries. No license to use any of these trademarks is given or implied. Vulcan's trademarks may be used only with prior written permission from Vulcan, which may be granted, withheld or conditioned in Vulcan’s sole discretion. All other trademarks or trade names referenced on this Site are the property of their respective owners.

You may not use contact information provided on this Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of this Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of this Site in any way.

Your failure to comply with the terms, conditions, and notices on this Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission granted above with respect to use of this Site, Vulcan does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this Site on another Site or in any other media.

Information disclaimers/No obligation to update

Information on this Site is not promised or guaranteed to be correct, current, or complete, and this Site may be out of date and may contain technical inaccuracies or typographical errors. Any reliance on the material on this Site is at your own risk. Vulcan assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site.

Forward-looking and cautionary statements

Except for historical information and discussions, statements set forth throughout this Site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially. These risks and uncertainties are, discussed in Vulcan’s filings with the U.S. Securities and Exchange Commission, including, without limitation, Vulcan’s most recent Annual Report on Form 10-K. See the “SEC filings” tab under “Investor Relations” on this Site to access copies of such filings.

Material You Submit

Vulcan does not want to receive confidential or proprietary information from you through our Site. Please note that any information or material sent to Vulcan will be deemed NOT to be confidential.

By sending Vulcan any information or material, you grant Vulcan an unrestricted, irrevocable, royalty-free, perpetual license to sublicense, copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information anywhere in the world in any media. You also agree that Vulcan is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

You acknowledge that you are responsible for any material you may submit via this Site, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this Site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto this Site.

Global availability

Information Vulcan publishes on the Site may contain references or cross references to Vulcan products, programs and services that are not announced or available in your country. Such references do not imply that Vulcan intends to announce or make available such products, programs, or services in your country. Please consult your local Vulcan business contact for information regarding the products, programs, and services that may be available to you.

Non-Vulcan Links/Sites

This Site may provide links or references to non-Vulcan web sites and resources. Vulcan makes no representations, warranties, or other commitments whatsoever about any non-Vulcan web sites or third-party resources that may be referenced, accessible from, or linked to any Vulcan web site. A link to a non-Vulcan web site does not mean that Vulcan endorses the content or use of such web site or its owner. In addition, Vulcan is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from a Vulcan web site. Accordingly, you acknowledge and agree that Vulcan is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a non-Vulcan web site, even one that may contain the Vulcan logo, please understand that it is independent from Vulcan, and that Vulcan does not control the content on that Web site. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Linking to this site

All links to this Site must be approved in writing by Vulcan, which approval may be granted, withheld or conditioned in Vulcan’s sole discretion. As a further condition to being permitted to link to this Site, you agree that Vulcan may at any time, in its sole discretion, terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Site and to cease using any Vulcan trademark.

Translations

Certain text in this Site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and Vulcan makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

DISCLAIMERS

USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE PROVIDED "AS IS," “AS AVAILABLE” BASIS WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. VULCAN EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, VULCAN MAKES NO WARRANTY OR GUARANTEE THAT THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THIS SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER VULCAN NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS SITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THIS SITE, VULCAN’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF VULCAN, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS 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, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER VULCAN NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH VULCAN IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND VULCAN AGREE THAT 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. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Vulcan and its affiliates and their 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 or resulting from your use of the Site and any violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site 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. Vulcan reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Vulcan in the defense of such matter.

Jurisdiction

This Site is controlled and operated by Vulcan from its offices within the State of Alabama, United States of America. These terms of use shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Jefferson County, Alabama and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

Applicable laws

This Site is controlled by Vulcan from its offices within the United States of America. Vulcan makes no representation that materials and information in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials or information posted on this Site in violation of U.S. export laws and regulations.

Modification of terms of use

Vulcan may, without notice to you, revise these terms of use and any other information contained in this Site at any time by changing, adding to, deleting from or otherwise updating this posting. You should visit this Site from time to time to review the then-current terms or use because they are binding on you. Certain provisions of these terms of use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. You agree that your accessing and using this Site is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If any provision of these terms of use shall be unlawful or any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

Copyright (c) 2013 Vulcan Materials Company All rights reserved.