Terms + Conditions - CEMEX USA

TERMS OF USE

Updated April 7, 2017

These Terms of Use (these “Terms”) represent a legal agreement between you and Cemex, Inc. and its subsidiaries (“we”, “us”, or “our”) and govern your use of all of the following (collectively, the “Services”):

this website and any related website operated by us (the “Site”);
any services or mobile applications offered by us in connection with the Site or any other mobile application (the “Applications”); and
any information, data or other materials contained in or accessible by means of the Site or the Applications (the “Information”).

By accessing or using any of the Services, you acknowledge that you have read, understood, and agree to be bound by and comply with these Terms. If you do not agree to these Terms, you may not access or use the Services.

ADDITONAL TERMS AND CONDITIONS

Use of certain Applications may be subject to additional terms and conditions, including payment of fees. When you register for, use or purchase such Applications, such additional terms and conditions will apply and be deemed incorporated into these Terms.

LICENSE

We grant you a limited, non-exclusive, non-assignable, revocable license (the “License”) to access and use the Services during the term hereof, subject to all of the terms and conditions hereof, including your satisfaction of all registration, payment and/or other requirements to the extent applicable to particular Services.

ACCURACY OF INFORMATION

All information, data, documents, pages, images and other materials are provided for informational purposes only. They are provided "as is" without warranties, promises or representations of any kind, expressed or implied, as to their nature, standard, accuracy or otherwise or to the suitability of the information to your particular circumstances.

Cemex shall not be liable for any loss or damage of whatever nature (direct, indirect, consequential, or other) whether arising in contract, tort or otherwise, which may arise as a result of your use of (or inability to use) this application, or from your use of (or failure to use) the information provided on this site. Information provided in this application may include information derived from various third parties. Cemex does not accept any responsibility or liability for the accuracy, completeness, legality, currency, reliability or correctness of any information contained in this application, including the information provided by third parties.

AUTHORIZED USERS

The Services are not available for use by persons under the age of 18. A user may authorize additional users to use the account; provided, however, the multi-user account must have a documented owner responsible for communication and management of the account. The documented owner is responsible for monitoring users’ activities on the account and will ensure that all persons approved to use the account exercise the responsibilities listed below:

all use of the Services must be protected by a password that complies with our password requirements. The password requirements may not be bypassed or neutralized;
users should not share their passwords with anyone; and
if a user suspects its account or password has been compromised, user agrees to promptly notify us of the unauthorized access.

The documented owner is responsible for setting the level of access of the users on the account and for disabling users as necessary when such user is no longer employed by the entity represented by the documented owner or when such third party is no longer doing business with us.

USER CONDUCT

You shall provide true, accurate, current and complete information about yourself and any user you set up through the Services. You shall maintain and update this information to keep it true, accurate, correct and complete.

In using the Services, you shall not:

violate any applicable federal, state or local laws, regulations or rules (collectively, the “Laws”);
make any information available to us if doing so would violate any applicable Laws, industry or professional codes or standards, contractual or fiduciary obligations, confidentiality obligations, or employer policies or other requirements to which you are bound;
transmit any information, data, images or other materials that are unlawful, harmful, threatening, harassing, libelous, defamatory, vulgar, obscene or otherwise objectionable or that may invade another’s right of privacy or infringe any intellectual property right, including patent, trademark, service mark, trade secret, copyright or other proprietary rights of any third party;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
violate or attempt to violate the security of any of the Services, including logging in to a server or account that you are not authorized to access; attempting to test, scan, probe or hack the vulnerability of the Site or Applications or any network used by the Site or Applications or to breach security, encryption or other authentication measures; or attempting to interfere with the Site or the Applications by overloading, flooding, pinging, mail bombing or crashing it, or violating the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site;
reverse engineer, decompile, or disassemble any portion of the Services; or
Scrape information from the Services or use or attempt to use any engine, software, tool, agent or other device or mechanism to navigate or search any portion of the Site or Applications, other than the search engine and search agents available from us on the Site or Applications and generally available to third party web browsers.

SUBMISSIONS

You are solely responsible for the accuracy of the content of any submission you make to the Services. We reserve the right, but do not assume the obligation, to delete messages or other content that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of application Laws or otherwise unacceptable.

By sending us information or other materials, you grant us a non-exclusive, unrestricted, irrevocable, perpetual, royalty-free, worldwide, assignable, transferrable, and sublicensable right and license, in all formats or media, whether now known or hereafter devised or discovered, to use, reproduce, display, transmit, translate, rent, sell, modify, disclose, publish, create derivative works from and distribute that material or information and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose subject to the Cemex Privacy Statement.

TEXT MESSAGING AND TELEPHONE CALLS

You agree that we may contact you by telephone or text messages at any of the phone numbers provided by you or on your behalf in connection with your account. You are not required to provide this consent as a condition of purchasing any goods or services. You also understand that you may opt out of receiving text messages from us at any time by notifying us in accordance with the notice provision hereunder.

NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from your mobile device. We do not guarantee that the Services, or any portion thereof, with function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the internet and electronic communications.

PROPRIETARY RIGHTS

We and/or our licensors own the Services, including all software and other technology provided or employed by us in connection with the Services, and the contents, design, layout, functions, appearance and other intellectual property comprising the Services, including all copyrights, trademarks, service marks, trade secrets, patents and other intellectual property rights inherent therein or appurtenant thereto. Without limitation of the foregoing, as between us and you, we shall retain all right, title and interest in and to our company data and other materials accessible by means of the Services, and you shall not acquire ownership in any of the information by reason of the License. You shall abide by all additional copyright notices or restrictions contained in any content accessed through the Site or Applications.

PROVISIONS OF SERVICES

We may make any improvements or changes in the Services at any time without notice. We shall not be responsible for any failure to remove, or delay in removing, harmful, inaccurate, unlawful or otherwise objectionable content originating with or otherwise provide by third parties except to the extent provided by law. We will use reasonable commercial efforts to protect the integrity of data collected and stored with the Site or Applications; provided, however, we shall not be liable for any loss or damage resulting from total or partial loss of your data or from any corruption of your data. Data can get lost or become corrupt as a result of a number of causes, including hardware failures, software failures or bugs, or communications failures. We will use reasonable commercial efforts to provide the Services during regular business hours, but we are not responsible for any disruption, regardless of length.

TERM; TERMINATION

The term hereof will commence with you first access this Services and continue in effect until terminated by either party. We, in our sole discretion, may terminate or suspend your access to all or part of the Services for any or no reason and with no prior notice to you. You may terminate these Terms at any time by discontinuing use of the Services. Upon termination of these Terms for any reason, the License will likewise terminate and you shall immediately cease using the Services, including the Information. Any provision that must survive in order to give proper effect to its intent shall survive the expiration or termination of these Terms.

THIRD PARTY SERVICES AND CONTENT

The Services may be made available or accessed in connection with third party services and content that we do not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services or content. The Site and Applications may contain links to websites that we do not operate. We are not responsible for the content of these websites, and you should direct any concerns regarding these websites to their respective site administrators or webmasters. Additionally, Apple, Inc., Google, Inc. and Microsoft Corporation will be a third party beneficiary of this Agreement if you access the Services using Applications developed for iOS, Android or Microsoft Windows mobile devises, respectively. These third party beneficiaries are not parties to this Agreement and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.

REPRESENTATIONS AND WARRANTIES; INDEMNITY

You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least eighteen (18) years old. You and the entity you represent hereby indemnify, defend and hold harmless Cemex, Inc. and its successors and assigns, subsidiaries, affiliates and all officers, directors, owners, agents, information providers, licensors and licensees of the foregoing (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

DISCLAIMERS; LIMITATIONS

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ANY WARRANTY THT THE SERVICES SHALL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICES.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF DELAY IN USING, OR INABILITY TO USE THE SERVICES. IF THIS LIMITAION OF LIABLILTY OR EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLCABLE OR UNENFORCEABLE FOR ANY REASON, OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGE SHALL BE LIMITED TO $100.

PRIVACY

Your use of the Services is subject to our Privacy Statement, the provisions of which are incorporated herein by reference. By using the Services, you acknowledge and consent to our Privacy Statement, including our collection, use and disclosure of information in accordance with its terms.

CHANGES TO THE TERMS

We may modify these Terms at any time by posting changes on the Site. Your continued access or use of the Services after such posting confirms your consent to be bound by the Terms, as amended. The changes will only apply with respect to your use of the Services after such changes become effective. If at any time you find these Terms to be unacceptable and do not agree with them, you thereafter will have no right to use or access the Services.

MISCELLANEOUS

Relationship. No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms and/or your use of the Services.
Authority. The person accepting these Terms on behalf of each party represents and warrants that he or she has been duly authorized by that party to accept the Agreement and thereby bind it to these Terms. The parties agree that these Terms shall be effective as of the date accepted by you.
Entire Agreement. These Terms represent the entire binding agreement between you and us with respect to the subject matter hereof and superseded any and all prior understandings, statements or representations, whether electronic, oral or written, regarding the Services. Certain products and services provided by us may have additional terms, guidelines or rules that apply.
Assignment and Waiver. We may assign these Terms at our discretion. You may not assign, sublicense or transfer these Terms or the License in whole or in part to anyone else. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced.
Jurisdiction. These Terms shall be governed by the laws of the United States of America and the State of Texas, without regard to conflict of laws rules, and you hereby give your consent to have any action or dispute between you and us resolved exclusively within the jurisdiction of the state or federal courts located in Harris County, Texas.
Equitable Relief. In addition to money damages, we shall be entitled to seek equitable relief where appropriate if you breach any of these Terms without the necessity of posting bond or proving damages.
Severability. These Terms are severable and may be construed to the extent of their enforceability in light of the parties’ mutual intent.
Legal Expenses. The prevailing party in any legal action brought by one party against the other that arises out of these Terms shall be entitled, in addition to any other rights and remedies it may have, to reimbursement for its legal expenses, including court costs and reasonable attorneys’ fees.
Construction. The titles and subtitled used in these Terms are used for convenience only and are not to be considered in construing it. In these Terms the words “including” and “include” mean “including, but not limited to”.
Notices. Notices required or permitted hereunder that are intended for you and not all users of the Services will be sent to you at the most recent email address on file with us. Notices to us shall be sent by email to uscustomercareservices@cemex.com.