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 to abide by and comply with these Terms. You represent that you meet the eligibility requirements in this Section. If you are using or opening an account on the 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 agree to be bound by these Terms on behalf of such Subscribing Organization.
LIMITATIONS ON USE: This Website is the property of Buzzi Unicem USA Inc. ("Buzzi Unicem USA") and its subsidiaries or affiliates or may include content which have been properly licensed for use to Buzzi Unicem USA 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 Buzzi Unicem USA 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 Buzzi Unicem USA. 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 Buzzi Unicem USA that you will not use this Website or any materials contained herein for any purpose that is detrimental to Buzzi Unicem USA or unlawful or prohibited by these Terms and Conditions. Any rights not expressly granted by these Terms and Conditions are reserved by Buzzi Unicem USA. Additionally, you agree not to: (a) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website; (b) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website for an unauthorized purpose; (c) introduce 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 the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; or (e) otherwise attempt to interfere with the proper working of the Website.
ACCESS TO AND RELIANCE ON INFORMATION: You are responsible for any steps necessary for you to have access to this Website. Buzzi Unicem USA reserves the right to shut down or change the Website and any service or material provided thereon, in our sole discretion and without notice to you. Buzzi Unicem USA will not be labile if, for any reason, any part of the Website is unavailable at any time. By using this Website you understand that information pertaining to your purchases, invoices, statements, bill of ladings, and pricing may be accessed by those 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 Buzzi Unicem USA be liable for any loss suffered as a result of such reliance.
TRADEMARK NOTICE: Ulti-Grout®, Utility-Fill One Step®, Bar Hole Grout®, Ulti-Fill® and Ulti-Pave3® and/or other 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 Buzzi Unicem USA or its subsidiaries or affiliates. 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 Buzzi Unicem USA, its subsidiaries or affiliates, or any third party.
WARRANTY DISCLAIMER: Although Buzzi Unicem USA 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. BUZZI UNICEM USA, 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. BUZZI UNICEM USA, 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: BUZZI UNICEM USA, ITS AFFILIATES OR 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 THE WEBSITE, THE CONTENT OR INFORMATION CONTAINED WITHIN THIS WEBSITE, THE USE OF OR INABILITY TO USE THE WEBSITE, ANY SITE-RELATED SERVICES, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR ITS CONTENTS IS TO CEASE USING THE WEBSITE.
NONCONFIDENTIAL INFORMATION: Unless otherwise expressly stated in this Website, any information or material sent to Buzzi Unicem USA, its subsidiaries or affiliates through this Website will be deemed to be non- confidential and non-proprietary. By sending Buzzi Unicem USA, its subsidiaries or affiliates any information or material, you grant Buzzi Unicem USA, its subsidiaries or 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 Buzzi Unicem USA, its subsidiaries or affiliates are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
LINKS TO OTHER SITES: Buzzi Unicem USA 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 Buzzi Unicem USA, and Buzzi Unicem USA 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 Buzzi Unicem USA endorses or recommends such organization or their products or services and Buzzi Unicem USA shall not be responsible for the content or the use of such website.
GOVERNING LAW: These Terms and Conditions are entered into in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, 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 Northampton County in the Commonwealth of Pennsylvania, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the 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.