ALAMO CONCRETE PRODUCTS COMPANY WEBSITE TERMS AND CONDITIONS OF USE
THIS WEBSITE, ALL MATERIALS CONTAINED HEREIN AND ALL SITE-RELATED SERVICES (COLLECTIVELY THE "WEBSITE") ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW (COLLECTIVELY, THE “TERMS AND CONDITIONS”). YOUR CONTINUED USE OF THIS WEBSITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THIS WEBSITE.
ELIGIBILITY: In order to use this Website, you must be the age of majority in your jurisdiction and fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions and to abide by and comply with these Terms and Conditions. You represent that you meet the eligibility requirements in this Section. If you are using or opening an account on this Website on behalf of a company, entity, or organization (collectively “Subscribing Organization”), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms and Conditions; and agree to be bound by these Terms and Conditions on behalf of such Subscribing Organization.
LIMITATIONS ON USE: This Website is the property of Alamo Concrete Products Company (“ACPC”) and its subsidiaries or affiliates or may include content which has been properly licensed for use to ACPC from third parties. This Website is protected by federal and international copyright and trademark laws. No portion of this Website may be reprinted, republished, modified, or distributed in any form without the express written permission of ACPC except that you may copy content published on this Website solely for your own personal use or use within your organization relating to or arising from transacting business with ACPC. This limited permission to copy content is made in consideration of your agreement to keep intact any proprietary notices, including copyright notices, contained on any copied or downloaded materials. As a condition of your use of this Website, you warrant to ACPC that you will not use this Website or any materials contained herein for any purpose that is detrimental to ACPC or unlawful or prohibited by these Terms and Conditions. Any rights not expressly granted by these Terms and Conditions are reserved by ACPC. Additionally, you agree not to: (a) use this Website in any manner that could disable, overburden, damage, or impair this Website or interfere with any other party’s use of this Website; (b) use any robot, spider, or other automatic device, process, or means to access this Website for any purpose, including monitoring or copying any of the material on this Website for an unauthorized purpose; (c) introduce to this Website any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (d) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of this Website, the server on which this Website is stored, or any server,
computer, or database connected to this Website; or (e) otherwise attempt to interfere with the proper working of this Website.
ACCESS TO AND RELIANCE ON INFORMATION: You are responsible for any steps necessary for you to have access to this Website. ACPC reserves the right to shut down or change this Website and any service or material provided thereon, in ACPC’s sole discretion and without notice to you. ACPC will not be labile if, for any reason, any part of this Website is unavailable at any time. If applicable, by using this Website you understand that information pertaining to your purchases, invoices, statements, bill of ladings, and pricing may be accessed by those whom you give access to your account login information. The information presented on this Website is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk and under no circumstances shall ACPC be liable for any loss suffered as a result of such reliance.
TRADEMARK NOTICE: All ACPC and Buzzi Unicem USA marks, logos, product names, service names and icons, and combinations thereof, are logos, trademarks, service marks, or registered trademarks or service marks of ACPC, Buzzi Unicem USA, or their respective subsidiaries or affiliates, as applicable. All other trademarks, service marks and logos used in this Website are the trademarks, service marks or logos of their respective owners. There is nothing contained in this Website which shall be construed as expressly granting or conferring by implication, estoppel or in any other manner, any license, right to license or other right hereunder to any logo, trademark, service mark, or copyright of ACPC, Buzzi Unicem USA, their respective subsidiaries or affiliates, or any third party.
WARRANTY DISCLAIMER: Although ACPC endeavors to ensure the integrity and accurateness of this Website, it is possible that this Website could contain inaccuracies, omissions or errors. THIS WEBSITE, INCLUDING ANY MATERIAL OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” OR “AS AVAILABLE” WITH ALL FAULTS WITHOUT WARRANTIES OF ANY KIND. ACPC, ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE COMPLETENESS, CORRECTNESS, ACCURACY, RELAIBILITY OR AVAILABILITY OF THE INFORMATION OR OTHER MATERIALS CONTAINED ON THIS WEBSITE. ACPC, ITS SUBSIDIARIES AND AFFILIATES DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN ANYWAY RELATING TO THIS WEBSITE INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY: ACPC, ITS AFFILIATES AND SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS WEBSITE, THE CONTENT OR INFORMATION CONTAINED WITHIN THIS WEBSITE, THE USE OF OR INABILITY TO
USE THIS WEBSITE, ANY SITE-RELATED SERVICES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE OR ITS CONTENTS IS TO CEASE USING THIS WEBSITE.
NONCONFIDENTIAL INFORMATION: Unless otherwise expressly stated in this Website, any information or material sent to ACPC, its subsidiaries or affiliates through this Website will be deemed to be non-confidential and non-proprietary. By sending ACPC, its subsidiaries or affiliates any information or material, you grant ACPC, its subsidiaries and affiliates an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that ACPC, its subsidiaries and affiliates are free to use any ideas, concepts, know-how, or techniques that you send ACPC for any purpose.
LINKS TO OTHER SITES: ACPC makes no representations whatsoever about any other website that you may access though this Website. When you access any other website, such website is independent from ACPC, and ACPC has no control over the content on such other website. In addition, any reference or hyperlink to any organization or its website contained in this Website does not mean that ACPC endorses or recommends such organization or their products or services and ACPC shall not be responsible for the content or the use of such website.
GOVERNING LAW: These Terms and Conditions are entered into in the State of Texas and shall be governed by and construed in accordance with the laws of the State of Texas, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Bexar in the State of Texas, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
MODIFICATION: These Terms and Conditions constitute the entire agreement between ACPC and you pertaining to your use of this Website. In its sole discretion, ACPC may modify these Terms and Conditions by posting the revised version on this Website and you agree that each visit by you to this Website is a new transaction governed by the terms of use linked on this Website at that time. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.