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Terms Of Service

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TERMS OF SERVICE
Effective Date: April 7, 2026

Welcome to Clayton Companies. These Terms of Service (“Terms”) govern your use of this website and any related services provided by Clayton Concrete & Sand, together with its affiliated companies, subsidiaries, related entities, and entities under common ownership or control (collectively, the “Company,” “we,” “us,” or “our”).

By accessing or using this website (the “Site”), you agree to these Terms. If you do not agree, do not use the Site.

 

  1. NO ONLINE ORDERING OR DISPATCH AUTHORITY (IMPORTANT)

Customers may not place orders, request order changes, schedule services, or cancel orders through this Site.

All such requests must be made directly with the appropriate Company dispatch or office by telephone.

Any information submitted through the Site (including contact forms, emails, uploads, or other communications):

  • Does not constitute an order or request
  • Does not create a binding agreement
  • Will not be relied upon for fulfillment, scheduling, or dispatch

 

The Company shall have no liability for any reliance on information submitted through the Site, including for operational, scheduling, or time-sensitive purposes.

 

  1. WEBSITE USE AND PROHIBITED ACTIVITIES

You agree to use this Site only for lawful purposes.

You agree not to:

  • Interfere with or disrupt the Site or its operation
  • Attempt unauthorized access to systems or data
  • Use automated systems (including bots, scrapers, or crawlers) without permission
  • Submit false, misleading, or inaccurate information
  • Use the Site for competitive, benchmarking, or commercial intelligence purposes
  • Attempt to reverse engineer or exploit any portion of the Site

 

We reserve the right to monitor use of the Site and to restrict or terminate access at any time, without notice, for any reason.

 

  1. INFORMATIONAL PURPOSE ONLY / NO PROFESSIONAL ADVICE

This Site is provided for informational and general communication purposes only.

The Site and all content are provided “AS IS” and “AS AVAILABLE” without warranties of any kind, to the fullest extent permitted by law.

While we strive for accuracy, we do not guarantee that any content is complete, current, or error-free.

Information on this Site:

  • Should not be relied upon for operational, scheduling, or time-sensitive decisions
  • Does not constitute professional, engineering, legal, or technical advice

 

You should consult qualified professionals for project-specific decisions.

 

  1. ORDERS, PRICING, AND PAYMENT

All orders are subject to acceptance by the Company.

Pricing, availability, and terms may change without notice.

Final terms, including pricing, delivery, and payment obligations, are governed by:

  • Written agreements
  • Quotes
  • Invoices
  • Credit terms

 

In the event of any conflict, those documents control over website content.

 

  1. DELIVERY AND PERFORMANCE

Delivery dates and times are estimates only and are not guaranteed.

The Company shall not be responsible for any delays, including but not limited to delays caused by:

  • Traffic conditions
  • Weather or environmental conditions
  • Site conditions or site readiness
  • Equipment availability or mechanical issues
  • Labor availability
  • Material availability
  • Customer actions or inactions
  • Access limitations or restrictions
  • Government actions, regulations, or restrictions
  • Utility interruptions
  • Any other circumstances beyond the Company’s control

 

The Company is not responsible for any damages resulting from concrete placement, setting, curing, or performance issues affected by site conditions, weather, or customer actions or inactions.

Risk of loss passes upon delivery or pickup.

 

  1. WARRANTIES AND DISCLAIMERS

Products are provided in accordance with applicable industry standards.

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement

 

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to lost profits, project delays, business interruption, or loss of use.

To the extent any liability arises from use of the Site or any interaction with the Company, our total liability shall be limited to the amount paid, if any, for the specific product or service giving rise to the claim.

Nothing in these Terms is intended to limit or exclude any liability that cannot lawfully be limited or excluded under applicable New Jersey law, including liability for gross negligence, willful misconduct, or where otherwise prohibited by law. To the extent any provision of these Terms is deemed to violate a clearly established legal right under the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA) or other New Jersey law, such provision shall not apply in New Jersey.

 

  1. INTELLECTUAL PROPERTY AND LIMITED LICENSE

All content on this Site—including text, graphics, logos, images, and materials—is owned by the Company or its licensors and is protected by applicable laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only.

You may not:

  • Reproduce, distribute, or modify content
  • Use content for commercial purposes
  • Frame, mirror, or deep-link to the Site without permission
  1. THIRD-PARTY LINKS AND SERVICES

 

This Site may contain links to third-party websites or services.

We are not responsible for the content, accuracy, or practices of third-party sites.

 

  1. PRIVACY

Your use of this Site is also governed by our Privacy Policy.

 

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising from:

  • Your use or misuse of the Site
  • Your violation of these Terms
  • Any information or content you submit
  • Any third-party claims related to your actions on or through the Site

 

  1. MULTI-ENTITY OPERATIONS

The Company operates through multiple affiliated entities. Depending on the nature of your interaction, products or services may be provided by one or more affiliated entities.

References to “Company,” “we,” “us,” or “our” include all such affiliated entities.

 

  1. TERMINATION

We may suspend or terminate your access to the Site at any time, without notice, for any reason, including violation of these Terms.

 

  1. CHANGES TO TERMS

We may update these Terms at any time. Updates are effective upon posting with a revised date.

Your continued use of the Site after changes are posted constitutes acceptance of those changes.

 

  1. GOVERNING LAW AND VENUE

These Terms are governed by the laws of the State of New Jersey, without regard to conflict of law principles.

Venue for any dispute shall be exclusively in the state or federal courts located in Monmouth County, New Jersey.

 

  1. MISCELLANEOUS
  • Severability: If any provision is found unenforceable, the remaining provisions remain in effect
  • No Waiver: Failure to enforce any provision does not waive our right to enforce it later
  • Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement regarding use of the Site

 

  1. CONTACT INFORMATION

If you have questions about these Terms, please contact:

(732) 751-7600

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