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Terms and Conditions

Last Updated: March 12, 2025

SJC Holdings Inc., dba American Highway (“American Highway,” “we,” “us,” or “our”) provides the Dowel Optimizer maintained at design.americanhighway.com and its subpages and mobile versions (collectively, the “Platform”), subject to these Terms of Service (these “Terms of Service”). These Terms of Service establish the terms, conditions, rights, and responsibilities applicable to your access to and use of the Platform.

You acknowledge and agree that the Platform is merely a third-party resource to assist engineers in their process of designing concrete floor slabs. American Highway hereby disclaims any responsibility or liability for the performance, durability, or safety of any product or design resulting from the use of the Platform and/or the Platform’s output (“Output”), including without limitation, liability for damages resulting from inaccuracies in outputs, design errors, performance failures, or regulatory non-compliance. In addition, you acknowledge and agree use of the Platform does not ensure compliance with any applicable laws, codes, regulations, or standards in the United States, Canada, or any other jurisdiction. You are responsible for ensuring that all designs comply with local, state, provincial, and federal regulations, and that the Output is reviewed by an engineer of record, or other appropriate personnel. THE PLATFORM AND ITS OUTPUT ARE NOT A SUBSTITUTE FOR PROFESSIONAL ENGINEERING JUDGMENT.

PLEASE CAREFULLY REVIEW THE ARBITRATION PROVISION SET FORTH IN SECTION 12 BELOW (“ARBITRATION AND DISPUTE RESOLUTION AGREEMENT”), AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES BETWEEN YOU AND US THAT RELATE TO THESE TERMS OF SERVICE ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY VIRTUE OF YOUR USE OF THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE ARBITRATION AND DISPUTE RESOLUTION AGREEMENT, AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.

Please read these Terms of Service carefully before using the Platform. By clicking on the “accept” and creating an Account or otherwise accessing or using the Platform, you and any company or entity that you represent (“you,” “your,” or “yours”) become legally bound by these Terms of Service. You also represent that the individual clicking on the button is authorized to enter into these Terms of Service and bind such company or entity. For clarity, if you are using the Platform on behalf of a company or other entity, then all references to “you,” “your,” and “yours” herein shall refer to both the individual and the company or entity. If you do not agree to be bound by these Terms of Service, do not access or use the Platform.

  1. ACCOUNTS
    1. 1.1 In order to access and use the Platform, you are required to set up and maintain an active user account (“Account”). To set up an Account, you will be asked to provide certain information about yourself, such as your first and last name, email address, phone number, and company information, including company name and role within the company. You will also need to create a password for your Account and acknowledge and agree to these Terms of Service. You must provide complete and accurate information when setting up an Account, and you agree at all times to keep current and promptly update your Account information as necessary.
    2. 1.2 You are responsible for maintaining the confidentiality of your password and Account. You agree to: (a) use a strong password and keep your password confidential and not share it with anyone else; (b) not transfer any part of your Account to anyone else; and (c) immediately notify us of any unauthorized use of your username, password, or Account. You acknowledge and agree that we are authorized to act on instructions received through use of your username, password, and/or Account, and that we may, but are not obligated to, deny access or block any use of your username, password, and/or Account, without prior notice, if we believe your username, password, and/or Account are being used by someone other than you, or for any other reason. You are solely responsible for all activity that occurs under your Account unless you report misuse.
  2. AGE REQUIREMENTS

    3. The Platform is offered to and available to users who are 18 years of age or older. By using the Platform, you represent that you are at least 18 years of age and are able to enter into legally binding contracts, including these Terms of Service. If you are not at least 18 years of age, you may not use the Platform.

  3. LIMITED LICENSE
    1. 3.1 Subject to these Terms of Service, we grant you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Platform and its Output for its intended purposes and solely in accordance with these Terms of Service. For clarity, the foregoing license does not include any right to access or use the source code of the Platform or any part thereof. In addition, we reserve the right to make any changes that we deem appropriate from time to time to the Platform.
  4. USE RESTRICTIONS
    1. 4.1 You may access and use the Platform for its intended purposes, only for your personal or internal business use (as applicable), and only as expressly permitted in these Terms of Service. Any other access to or use of the Platform constitutes a violation of these Terms of Service and will result in an automatic termination of the rights and licenses granted to you herein.
    2. 4.2 You agree not to remove, alter, cover, or distort any copyright notice or trademark legend, author attribution, or other proprietary rights notice placed on or contained within the Platform . Except as expressly authorized by us in writing, in no event will you reproduce, redistribute, duplicate, copy, sell, resell, lease, lend, sublicense, or exploit for any commercial purpose the Platform or any portion thereof. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Platform, any updates, or any portion thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of American Highway and its licensors.
    3. 4.3 In connection with your access to and use of the Platform, you are responsible for complying with all applicable laws, rules, regulations, and ordinances of all relevant jurisdictions. Without limiting the foregoing, in accessing and using the Platform, you may not do, or cause or permit any other person or entity to do, any of the following:
      1. (a) use the Platform for any unlawful purpose;
      2. (b) circumvent, disable, or otherwise interfere with any security-related features of the Platform, including, without limitation, any features that enforce limitations on the use of the Platform or otherwise prevent or restrict use or copying of any content of the Platform;
      3. (c) use the Platform to transmit any: (i) material that contains any viruses, Trojan horses, worms, time bombs, malware, ransomware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; or (ii) infringing, libelous, or otherwise unlawful or tortious material, or any other material that infringes or violates the rights, including, but not limited to, any intellectual property or privacy rights, of anyone else;
      4. (d) use the Platform in any manner that is competitive with the business of American Highway;
      5. (e) except to the extent required by lawful subpoena or other legal process, make any oral or written statement or other communication that disparages or places in a false or negative light American Highway or the Platform;
      6. (f) use any automated system, including, without limitation, “robots,” “spiders,” “offline readers,” etc., to access or use the Platform;
      7. (g) use the Platform to collect or harvest any personal information, including account names, from the Platform;
      8. (h) impersonate any person or entity, or misrepresent your affiliation with a person or entity;
      9. (i) attempt to interfere with the proper working of the Platform or impose an unreasonably or disproportionately large load on the Platform, or otherwise interfere with or inhibit any other user of the Platform from using or enjoying the Platform; or
      10. (j) otherwise engage in any conduct or activity, or encourage or assist any third party in engaging in any conduct or activity, that violates any applicable laws or regulations or these Terms of Service.
  5. YOUR INPUT DATA
    1. 5.1 All documents, information, data, and any other materials that you submit, upload, provide, or otherwise make available to us through the Platform (collectively, “Your Input Data”) are subject to these Terms of Service. By submitting, uploading, providing, or otherwise making available Your Input Data to us, you hereby grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, create derivative works of, display, perform, and distribute Your Input Data, in each case: (a) to enable us to provide the Platform and our business services to you; (b) to improve the Platform and/or our other products or service; and (c) to market our business and services to you. You are solely responsible for Your Input Data, including its accuracy and completeness, and for compliance with all laws and regulations and contractual requirements applicable to the provision of the same. You represent and warrant that: (a) you either own Your Input Data or have obtained and shall at all times maintain all necessary and/or legally required licenses, rights, consents, permissions, and authorizations to provide Your Input Data to us as contemplated under these Terms of Service and to otherwise grant the license rights granted herein; and (b) you at all times have complied, and shall continue to comply, with all federal, state, local, and international laws and regulations, including data protection and privacy laws and regulations applicable to the collection, handling, processing, sharing, and/or storage of Your Input Data. In the event of any breach of the foregoing warranties, we reserve the right, in our sole discretion and without any notice or liability to you, to delete, modify, refuse to store, or disable access to Your Input Data and/or to cancel, suspend, withhold, or terminate your Account and/or your access to the Platform. As between you and American Highway, you will retain ownership of all right, title, and interest in and to Your Input Data.
  6. INTELLECTUAL PROPERTY
    1. 6.1 You acknowledge and agree that the Platform constitute the valuable proprietary information of American Highway or its licensors and is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries. We or our licensors own all intellectual property and proprietary rights, title, and interest in and to the Platform, including, without limitation, any and all patents, copyrights, trademarks, and all other intellectual property rights. Except for the limited use rights granted to you in these Terms of Service, you agree that you do not have and will not acquire any right, title, or interest in or to the Platform or any portion thereof. Any rights not expressly granted in these Terms of Service are expressly reserved.
    2. 6.2 By submitting suggestions, comments, petitions, requests or other feedback regarding the Platform, you agree that we and our licensors and third-party service providers may use and share (with no obligation to do so) such feedback for any purpose without compensation to you. You agree to only provide content or information that does not violate the law nor anyone’s rights (including, without limitation, intellectual property or privacy rights).
  7. SECURITY AND NETWORK ACCESS
    1. 7.1 American Highway takes such commercially reasonable measures, including physical, technical, administrative, and organizational safeguards, as we deem appropriate to secure and protect Your Input Data from unauthorized access, use, or disclosure. Nevertheless, no transmission over the Internet is ever absolutely secure, and we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including, without limitation, any username and password used in connection with your use of the Platform. You agree to notify us immediately if you discover loss of or access to such information by another party not under your control or supervision, or if you otherwise become aware of any unauthorized access, use, or disclosure of any of Your Input Data through the Platform.
    2. 7.2 You are responsible for acquiring and updating compatible hardware, software, devices, and network access necessary to access and use the Platform and any updates thereto. We do not guarantee that the Platform, or any portion thereof, will function on or with any particular hardware, software, or device. The Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
  8. RELEASE AND INDEMNIFICATION

    9. You agree to indemnify, defend, and hold harmless American Highway, its affiliates, and its and their respective officers, directors, members, owners, shareholders, employees, contractors, licensors, agents, representatives, successors, and assigns (collectively, the “American Highway Parties”), from and against any and all claims, demands, suits, and other proceedings, and all resulting losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees), arising out of or relating to: (a) your use of the Platform and/or its Output; (b) your violation of these Terms of Service; (c) Your Input Data, or our use or processing of Your Input Data in accordance with these Terms of Service; (d) your violation of the rights of any third party (including any contractual, intellectual property, privacy, or other rights) or of any applicable law or regulation; or (e) your acts and omissions relating to any of the foregoing. We have the sole right to control the defense, settlement, and/or other resolution of any such claims.

  9. DISCLAIMERS

    10. AMERICAN HIGHWAY DOES NOT GUARANTEE THE PERFORMANCE, DURABILITY, OR SAFETY OF ANY PRODUCT OR DESIGN RESULTING FROM THE PLATFORM AND/OR ITS OUTPUT. YOU EXPRESSLY ASSUME ALL LIABILITIES AND RISKS OF YOUR ACCESS TO AND USE OF THE PLATFORM AND/OR ITS OUTPUT. YOU ASSUME FULL RESPONSIBILITY FOR VERIFYING THE ACCURACY AND COMPLETENESS OF ALL INPUT DATA AND FOR DETERMINING WHETHER THE OUTPUT IS SUITABLE FOR THE SPECIFIC DESIGN APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM, INCLUDING ITS OUTPUT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK. WITHOUT LIMITING ANY OF THE FOREGOING, THE AMERICAN HIGHWAY PARTIES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT: (a) THE USE OF THE PLATFORM WILL BE SECURE OR UNINTERRUPTED; (b) THE PLATFORM WILL OPERATE ERROR-FREE, OR THAT ERRORS IN THE PLATFORM WILL BE CORRECTED; (c) THE USE OF THE PLATFORM WILL MEET YOUR REQUIREMENTS OR SATISFACTION OR ALLOW YOU TO OBTAIN ANY PARTICULAR RESULTS WHATSOEVER; (d) ANY CONTENT, INFORMATION, ADVICE, COMMUNICATION, OR STATEMENT PROVIDED THROUGH THE PLATFORM IS OR WILL BE ACCURATE, CURRENT, COMPLETE, RELIABLE, OR OF ANY PARTICULAR VALUE OR QUALITY; OR (e) THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

  10. LIMITATION OF LIABILITY

    11. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF ANY PARTY, WILL THE AMERICAN HIGHWAY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF THE AMERICAN HIGHWAY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR YOUR INABILITY TO USE, THE PLATFORM AND/OR ITS OUTPUT, UNDER ANY THEORY OF LIABILITY. YOUR SOLE REMEDY, AND OUR AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM, SHALL IN ALL EVENTS BE LIMITED TO FIFTY DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE PROVISIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE AMERICAN HIGHWAY PARTIES’ LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW.

  11. TERMINATION OF ACCESS

    12. We may, in our sole and absolute discretion and without notice or liability to you or any third party, immediately suspend, discontinue, and/or terminate or otherwise limit your access to the Platform (or any part thereof) for any reason, including, without limitation: (a) if we discontinue or materially modify the Platform (or any part thereof); (b) if we believe in our sole discretion that you have violated these Terms of Service or any applicable laws or regulations; (c) at the request of law enforcement, governmental agencies, regulatory authorities, or courts; (d) if unexpected technical, security, or safety issues or problems arise; or (e) if we believe in our sole discretion that your access to or use of the Platform may create risk (including, but not limited to, legal risk) for us, our contractual partners, or other users. Upon any termination, you will lose the right to access and use the Platform and your Account (if any) will be rendered inactive or closed. Any suspension or termination shall not affect your obligations to us under these Terms of Service. The provisions of these Terms of Service which by their nature should survive the suspension or termination of your access to or use of the Platform shall survive, including, but not limited to, the “Intellectual Property”, “Indemnification”, “Disclaimers”, “Limitation of Liability”, “Arbitration and Dispute Resolution Agreement”, and “Miscellaneous” sections of these Terms of Service.

  12. ARBITRATION AND DISPUTE RESOLUTION AGREEMENT

    13. PLEASE READ THIS SECTION 12 CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, YOUR RIGHT TO FILE A LAWSUIT IN COURT.

    1. 12.1 You agree that any dispute, claim, or controversy between you and American Highway and arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Platform (collectively, “Service Disputes”) will be resolved exclusively by final, binding arbitration between you and American Highway, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or where a party’s conduct may cause the other irreparable injury. The provisions of this Section 12 constitute the parties’ written agreement to arbitrate Service Disputes under the Federal Arbitration Act.
    2. 12.2 The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be heard by a single arbitrator, pursuant to the AAA’s Commercial Arbitration Rules then in effect (the “AAA Rules”), except as modified by this Section 12.
    3. 12.3 To begin an arbitration proceeding, a party must submit the Service Dispute by making a demand for arbitration, as detailed at https://www.adr.org, and simultaneously send a copy of the completed demand to the other party. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. The arbitration will be conducted based upon written submissions, unless you request and/or the arbitrator determines that a telephone or in-person hearing is necessary. If the arbitrator grants the request or determines that an in-person hearing is necessary, the hearing will proceed in Lyon County, Nevada unless the arbitrator determines or American Highway agrees that the matter should proceed in the county where you reside.
    4. 12.4 The arbitrator will apply and be bound by these Terms of Service, apply applicable law and the facts, and issue a reasoned award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. You and American Highway also agree that the arbitrator may not award multiple or punitive damages. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
    5. 12.5 EACH PARTY AGREES THAT IT SHALL BRING ANY SERVICE DISPUTE AGAINST THE OTHER PARTY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR AS AN ASSOCIATION. IN ADDITION, EACH PARTY AGREES THAT SERVICE DISPUTES SHALL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS, AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR DOES NOT HAVE THE POWER TO VARY THESE PROVISIONS.
  13. CHANGES TO THESE TERMS OF SERVICE

    14. We may change these Terms of Service at any time, and all such changes will be effective immediately upon notice, which we may give by any means, including, but not limited to, by sending a message to the email address that we have on file for you (if any) or posting a revised version of these Terms of Service or other notice on or within the Platform. You should view these Terms of Service often to stay informed of changes that may affect you. Your use of the Platform constitutes your continuing agreement to be bound by these Terms of Service, as they may be amended from time to time.

  14. MISCELLANEOUS
    1. 14.1 These Terms of Service (as each may be revised and amended from time to time), constitute the entire agreement with respect to your access to and use of the Platform.
    2. 14.2 Our electronically or otherwise properly stored copy of these Terms of Service will be deemed to be the true, complete, valid, authentic, and enforceable copy, and you agree that you will not contest the admissibility or enforceability of our copy of these Terms of Service in connection with any action or proceeding arising out of or relating to these Terms of Service.
    3. 14.3 These Terms of Service shall be construed in accordance with the laws of the State of Nevada without regard to its conflict of laws rules that would result in the application of the laws of a jurisdiction other than the State of Nevada. If for any reason a Service Dispute proceeds in court, you and American Highway: (i) agree that any such Service Dispute may only be instituted in a state or federal court located in Fernley, Nevada and waive any defenses or objections based on the jurisdiction, venue, or convenience of this exclusive venue; (ii) irrevocably consent and submit to the exclusive personal jurisdiction and venue of such courts for resolution of such Service Disputes; and (iii) AGREE TO WAIVE ANY RIGHT TO A TRIAL BY JURY.
    4. 14.4 We may assign our rights and duties under these Terms of Service at any time to any third party without notice. You may not assign these Terms of Service or any of your rights or obligations hereunder, whether directly or indirectly, by merger, operation of law, transfer of entity ownership or otherwise, without our prior written consent.
    5. 14.5 The failure of American Highway to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
    6. 14.6 If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable, the remaining provisions of these Terms of Service will not be affected, and the invalid, illegal, or unenforceable provision will be replaced by such valid, legal, and enforceable provision as comes closest to the intention underlying the invalid, illegal, or unenforceable provision.
    7. 14.7 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Platform must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    8. 14.8 Possible evidence of use of the Platform for illegal purposes will be provided to law enforcement authorities.
    9. 14.9 Except as otherwise expressly set forth herein, discontinuation of use of the Platform is your sole right and remedy for any dissatisfaction with the Platform and/or these Terms of Service.
  15. QUESTIONS

    16. Please contact us with any questions regarding these Terms of Service at:

    dan.marks@americanhighway.com