Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by National Cement, acceptance is expressly limited to these terms.
- Responsibility of Website Visitors. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain technical inaccuracies, typographical mistakes, and other errors. National Cement disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which National Cement links, and that link to National Cement. National Cement does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a non-National Cement website or webpage, National Cement does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. National Cement disclaims any responsibility for any harm resulting from your use of non-National Cement websites and webpages.
- Intellectual Property. All content on this Website, including, without limitation the name "National Cement", the National Cement logos and/or emblems, and any slogans used to denote National Cement products and/or services, are protected by trademark and copyright laws and may not be duplicated in whole or in past without the express written consent of National Cement. This Agreement does not transfer from National Cement to you any National Cement or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with National Cement. National Cement, the National Cement logos and emblems, and all other trademarks, service marks, graphics and logos used in connection with National Cement, or the Website are trademarks or registered trademarks of National Cement or National Cement's licensors and may be further protected by copyright laws. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any National Cement or third-party trademarks. Alternately, if you believe that any material located on or linked to by National Cement violates your copyright, you are encouraged to notify National Cement so that it may make an appropriate response. National Cement may, in its discretion, terminate or deny access to and use of the Website of any person found to be infringing on its intellectual property rights. In the case of such termination, National Cement will have no obligation to provide a refund of any amounts previously paid to National Cement.
- Changes. National Cement reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. National Cement may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. National Cement may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your National Cement account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is" and is to be used by you at your own risk. National Cement and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither National Cement nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will National Cement, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees, if any, paid by you to National Cement under this agreement during the twelve (12) month period prior to the cause of action. National Cement shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless National Cement, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees and costs of court, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between National Cement and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of National Cement, or by the posting by National Cement of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Los Angeles County, California.