Welcome to www.Dycem.com (hereinafter referred to as the „Site“). Dycem, also referred to as „we,“ „us,“ or „our,“ provides access to the Site subject to the terms and conditions outlined in this Terms of Use Agreement (the „Agreement“). Please carefully read this Agreement. By accessing or using this Site, you unconditionally agree to be bound by this Agreement. If you do not agree to comply with and be bound by this Agreement, you may not access, use, or download any materials from this Site.

Please be aware that if you are an existing customer or supplier of Dycem, these terms are not intended to replace or modify the terms contained in your customer or vendor agreement. In the event of any inconsistency, the terms and conditions of your written agreement will take precedence over those stated herein. Additionally, all Dycem products and services may be subject to separate terms and conditions governing their use.

Dycem reserves the right to update or amend this Agreement at any time without prior notice. Your use of this Site following any such changes constitutes your agreement to adhere to and be bound by the revised Agreement. Therefore, we encourage you to review this Agreement each time you use this Site. This Agreement was last revised on September 1, 2023.

Availability of the Site and International Users

The Site is administered by Dycem from Smithfield, RI, United States. This Site and its contents (referred to as the „Content“) are designed to comply with United States laws and regulations and are intended for use by United States residents exclusively. Access to the Site and the Content may not be legal for certain individuals or in certain countries outside of the United States. If you access this Site from outside the United States, you do so at your own risk and are responsible for ensuring compliance with the laws of your jurisdiction.

Materials published on this Site may refer to products or services that may not be available in your country. For more information, please consult your local Dycem office. Furthermore, Dycem makes no representation that the materials on the Site are suitable or available for use in locations other than the United States, and accessing them from countries where their contents are illegal is strictly prohibited.

You should not interpret anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country in which you are located.

Medical Advice Disclaimer

The Content of this Site is presented in a summarized, general nature and is provided for informational purposes only.

Copyright Notice and Limitation on Use

Except as expressly authorized by this Agreement, no use should be made of materials on this Site. All Site Content, including the selection, arrangement, and design of the Content, is owned either by Dycem or its licensors and is protected by copyright and other intellectual property laws, including the sui generis rights related to the protection of databases.

You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any Content, in whole or in part, including any code and software. You may download Content from the Site for your personal, non-commercial use only, provided that the Content is not modified in any way, you retain all copyright and other proprietary notices, and you include the phrase „Used with permission of Dycem“ when displaying or otherwise using the Content.

Procedures for Claimed Copyright Infringement

We respect the intellectual property rights of others and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at Email: info@dycem.com with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the Site.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Trademark Notice

All trademarks, service marks, and logos displayed on this Site (hereinafter referred to as the „Trademarks“) are registered and unregistered trademarks of Dycem, its affiliates, or third parties. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to the Trademarks without the express written permission of Dycem or the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited.

Please note that the names of the companies and products mentioned on this site may be trademarks of their respective owners. A complete list of Dycem’s trademarks for each operating segment is provided below.

Public and Unsolicited Information

This Site may provide opportunities to provide feedback to Dycem regarding the Site, our products, and other unsolicited submissions (collectively referred to as „Unsolicited Information“). You may only provide Unsolicited Information that meets the requirements of these Terms and Conditions.

Subject to the conditions provided herein, we accept innovative ideas for new products and technologies from individuals and organizations not employed by or affiliated with Dycem, as long as such inventions are covered by existing patents or are those for which patents have been applied for by the submitter.

If you wish to submit any such ideas, please click here for a copy of our submission information and procedure.

Dycem and its employees do not accept or consider other unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans, or new product names. Please do not send any original creative artwork, samples, demos, or other works.

The sole purpose of this policy is to avoid potential misunderstandings or disputes when Dycem’s products or marketing strategies might seem similar to ideas submitted to Dycem. Therefore, except under the circumstances described above relating to patented ideas or those for which you have filed a patent application, please do not send your unsolicited ideas to Dycem or anyone at Dycem.

If, despite our request that you not send us your ideas and materials, you still send them, and in the event you post Public Information on our Site, all such Public Information and all such Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY, and Dycem and its affiliates are free to use such information for any purpose and in any manner whatsoever.

This Site may provide opportunities to post information to public areas of the Site, such as bulletin boards (collectively referred to as „Public Areas“), or to send comments and feedback (any such information provided referred to as „Public Information“).

Although Dycem may, from time to time, monitor or review the information posted to the Public Areas of the Site, Dycem is under no obligation to do so and assumes no responsibility or liability arising from the Content of such Public Areas or the Site in general, or for any errors, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in

the Site.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. Dycem will fully cooperate with any law enforcement authorities or court order requesting or directing Dycem to disclose the identity of anyone posting any such material.

Children under the age of eighteen should not submit any Public Information or Unsolicited Information containing personally identifiable data.

Links to Other Websites

This Agreement applies solely to this Site. This Site may frame or contain references or links to other Dycem websites (hereinafter referred to as the „Other Dycem Sites“), as well as other websites that are not operated by Dycem (hereinafter referred to as the „Third Party Sites“). These references and/or links to the Third Party Sites are provided for your reference and convenience only and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. Dycem does not control these Third Party Sites and is not responsible for their content.

The Third Party Sites (and any websites to which they link) may contain information about uses of products that have not been approved or cleared by the Food and Drug Administration. Dycem does not endorse any „off-label“ uses.

The Third Party Sites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any websites to which they link) is solely at your own risk.

Please note that other Dycem Sites are governed by their specific Terms and Conditions and Privacy Policies. We recommend that you carefully read those documents upon your entry to those other Dycem Sites.

No Framing Allowed

Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to the use of framing, deep linking, or mirrors. None of the Content from our Site may be retransmitted without the express written consent of Dycem. If you are interested in linking to our Site, please Contact Us for more information.

Dealings with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such advertiser on the Site.

Account Registration

Some of the functions of this Site may require the creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person’s authorization.

Failure to comply with the above shall constitute a breach of this Agreement, which may result in the immediate termination of your account. You agree to take reasonable measures to protect the security of your password. You are responsible for all usage or activity on your account, including the use of the account by any third party authorized by you to use your User Name and Password. You shall notify Dycem of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or any other relevant registration details provided.

Site Privacy Policy

Our Privacy Policy is available on this Site, and by accessing the Site, you are agreeing to be legally bound by the Privacy Policy. The Privacy Policy in its entirety is hereby incorporated into this Agreement by reference.

Read our Privacy Policy

Disclaimer of Warranties

THE SITE AND THE CONTENT ARE PROVIDED ON AN „AS IS,“ „AS AVAILABLE“ BASIS, WITHOUT WARRANTIES OF ANY KIND. THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT AND THE SITE. Dycem AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SITE ITSELF, AND WE HEREBY DISCLAIM ANY SUCH EXPRESS OR IMPLIED WARRANTIES. Dycem DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OF THIS SITE IS FREE OF VIRUSES, WORMS, OR OTHER CODE THAT MAY MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES SHALL Dycem, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE OR YOUR RELIANCE ON ANY CONTENT. THIS LIMITATION OF LIABILITY APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, REVENUE, OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF Dycem OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF DAMAGES OR LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Dycem AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS IN THE AGGREGATE. IF ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY, DISCLAIMERS, AND EXCLUSIONS OF WARRANTIES AND DAMAGES SET FORTH IN THIS AGREEMENT SHALL REMAIN IN EFFECT.

Forward-Looking Statements

This site may from time to time contain certain forward-looking statements (as defined under Federal securities laws) regarding Dycem’s performance, including future revenues, products, and income, or events or developments that Dycem expects to occur or anticipates occurring in the future. All such statements are based upon current expectations of Dycem and involve a number of business