Welcome to the CEMEX UK Web site at http://www.cemex.co.uk (the "CEMEX
UK Site") These Terms and Conditions of Use govern your use and access to
the CEMEX UK Site, and constitute a binding contract ("Agreement") by and
between CEMEX, SA de CV, a Mexican corporation with its principal place
of business at Av. Constitución 444 Pte., Colonia Centro, 64000
Monterrey, N.L. and you. Please read this Agreement carefully. By
clicking on the I ACCEPT button below, by using this site and/or by
causing the use of this site through electronic or other means, you
signify that you accept this Agreement and that you:
- Acknowledge that CEMEX specifically disclaims any liability,
loss, damage or risk incurred as a consequence, directly or indirectly,
of the CEMEX UK Site;
- Agree that your use of the CEMEX UK Site is governed by this Agreement, as amended from time to time;
- Will only use the materials contained in the CEMEX UK Site for
personal, noncommercial and informational purposes, and that you will
not modify any materials contained in the CEMEX UK Site.
1. USER CONDUCT
You agree to abide by all applicable local, state, national and
international laws, regulations, ordinances, by-laws and rules and are
solely responsible for all acts or omissions that occur as a result of
your use of or access to the CEMEX UK Site, including, without limitation,
the content of your transmissions through or to the CEMEX UK Site. By way
of example, and not as a limitation, you agree not to:
A. use the CEMEX UK Site in connection with chain letters, junk email,
spamming, or any duplicative or unsolicited messages (commercial or
otherwise);
B. harvest or otherwise collect or disseminate information about others, including email addresses, without their consent;
C. create a false identity or forged email address or header, or
otherwise attempt to mislead others as to the identity of the sender or
the origin of a message;
D. transmit through the CEMEX UK Site unlawful, harassing, defamatory,
abusive, threatening, harmful, vulgar, obscene, offensive or otherwise
objectionable material;
E. transmit any material that may infringe the intellectual property
rights or other rights of third parties, including without limitation,
trademarks, trade secrets or copyrights;
F. transmit any material that contains viruses, trojan horses, worms,
time bombs, cancelbots, or any other harmful or deleterious programs;
G. use the CEMEX UK Site to violate any applicable law restricting the export or import of data, software or any other content;
H. interfere with or disrupt networks connected to the CEMEX UK Site or
violate the regulations, policies or procedures of such networks;
I. gain or attempt to gain unauthorized access to the CEMEX UK Site, or
other accounts, computer systems or networks connected to the CEMEX
UK Site, through password mining or by any other means;
J. interfere with another member's use and enjoyment of the CEMEX UK Site;
K. use the CEMEX UK Site in any unethical manner or contrary to accepted community standards; or
L. use the CEMEX UK Site to solicit business for any competitive company or service.
2. MEMBER PRIVACY
CEMEX's policy is to respect the privacy of users of the CEMEX UK Site.
CEMEX's Privacy Policy is set forth and reviewable at
http://www.CEMEX.co.uk.
3. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited to text,
data, software, music, sound, photographs, video, graphics or other
material accessible to you by virtue of your use of the CEMEX UK Site is
protected by copyrights, trademarks, service marks, patents, trade
secrets, data rights, publicity or privacy rights or other intellectual
property rights and laws. Unless you are expressly authorized to do so,
you shall not sell, lease, modify, copy, republish, upload, download,
post, broadcast, transmit, or distribute in any way content available
through the CEMEX UK Site. You acknowledge that any information provided by
or through CEMEX is for informational purposes only and is not intended
to constitute professional advice.
4. CONTENT PROVIDED BY USER
By posting or submitting content to the CEMEX UK Site you automatically
grant to CEMEX the right to use, reproduce, display, perform, adapt,
modify, distribute or promote the content in any form for any purpose.
You further represent and warrant that you own or otherwise control all
necessary rights to the content and that public posting and use of the
content by CEMEX will not infringe or violate the rights of any third
party. You acknowledge and agree that you are responsible for all
content posted or submitted by you.
5. ENDORSEMENTS
All trademarks, service marks and/or trade names that appear on the
CEMEX UK Site that are not CEMEX marks are the trademarks of their owners.
References to any names, marks, products or services of third parties do
not constitute or imply endorsement, sponsorship or recommendation of
the third party or the products or services.
6. SUSPENSION OR DENIAL OF ACCESS
CEMEX may, without notice, suspend, disconnect, deny or restrict your
access to the CEMEX UK Site: (a) during any technical failure of, or
modification or maintenance to, the CEMEX UK Site; (b) if you use the CEMEX
UK Site in breach of this Agreement; or (c) if you do or fail to do
anything which in CEMEX's opinion may have the effect of jeopardizing
the operation or integrity of the CEMEX UK Site.
7. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
A. The CEMEX UK Site may contain links to third party sites, resources
and sponsors. Links to and from the CEMEX Site to other third party
sites do not constitute an endorsement by CEMEX of any third party
sites, resources, sponsors or content, and CEMEX shall not be
responsible or liable, directly or indirectly, for any such sites,
resources, sponsors or content.
B. CEMEX does not represent or endorse the accuracy or reliability of
any advice, opinion, statement or other information displayed or
distributed through the CEMEX UK Site. You acknowledge that any reliance
upon any such opinion, advice, statement or information is at your sole
risk.
C. CEMEX does not and cannot review all materials posted to the CEMEX
UK Site by users, and CEMEX is not responsible for any such materials.
D. The CEMEX UK site, including all content, software, functions, materials
and information made available thereon or accessed therethrough is
provided "as is." CEMEX and its partners make no representations or
warranties of any kind whatsoever for: (1) the content contained in the
CEMEX UK site; (2) the materials, information or functions made accessible
by the software used on or accessed through the CEMEX UK site; (3) any
products or services of or links to third parties; or (4) any breach of
security associated with the transmission of sensitive information
through the CEMEX UK site or any linked sites. CEMEX and its partners
disclaim any express or implied warranties, including, without
limiation, non-infringement, merchantability or fitness for a particluar
purpose. CEMEX does not warrant that the functions contained in the
CEMEX UK site or any materials or content contained therein will be
uninterrupted or error free, that defects will be corrected, or that the
CEMEX UK site or the server on which it operates is free of viruses or
other harmful components. CEMEX will not be liable for any loss or
damage (including without limitation indirect, special or consequential
loss or damage) arising from the CEMEX UK site whether or not caused by any
negligent act or omission. If any legislation, rule or decision implies
any term or warranty that cannot be excluded, CEMEX's sole liability
will be, in the case of goods or services, to resupply of the goods or
services, or to pay for the cost of having the goods or services
resupplied.
E. CEMEX may offer members tools through which to transact business or
otherwise interact with third parties, including individuals. Members
must take appropriate precautions in providing information to such third
parties or in otherwise interacting with such third parties. All
contacts or interactions between you and such third parties are at your
own risk, and CEMEX shall have no liability for any such contacts or
interactions.
8. INDEMNITY
You hereby agree to indemnify, defend and hold CEMEX and all of its
subsidiaries, affiliates, officers, directors, owners, agents,
employees, information providers, partners, licensors and licensees
(collectively "Indemnified Parties") harmless from and against any and
all liability and costs incurred by the Indemnified Parties in
connection with any claim arising out of any breach by you of this
Agreement or the foregoing representations, warranties or covenants,
including without limitation, attorneys fees and costs. You shall
cooperate fully as reasonably required in the defense of any claim.
CEMEX reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter without written
consent of CEMEX.
9. GOVERNING LAW AND FORUM
This Agreement, and all matters arising out of or relating to this Agreement, shall be governed by the laws of England and Wales, notwithstanding its choice of law rules. The Parties agree that any legal action or proceeding relating to this Agreement shall be filed in and heard by, and venue shall be proper in, the courts of England and Wales, and the Parties voluntarily submit to the jurisdiction of those courts for such purposes.
10. INVALIDITY
If a provision of this Agreement or a right or remedy under it is
invalid or unenforceable in a particular jurisdiction: (a) it is to be
read down or severed in that jurisdiction only to the extent of the
invalidity or unenforceability; and (b) it does not affect the validity
or enforceability of that provision in another jurisdiction or the
remaining provisions in any jurisdiction.
11. WAIVER
A single or partial exercise of a right does not preclude a further
exercise of that right or the exercise of another right. Failure by a
party to exercise a right or delay in exercising that right does not
prevent its exercise or operate as a waiver. A waiver is only effective
in the specific instance and for the specific purpose for which it is
given.
12. CUMULATIVE RIGHTS
The rights and remedies of a party under this Agreement do not exclude any other right or remedy provided by law.
13. ENTIRE AGREEMENT
This Agreement is the entire agreement between you and CEMEX with
respect to the subject matter hereof. Any understanding, arrangement,
representation or provision not expressly set out herein is not binding.
All correspondence, negotiations and other communications in relation
to its subject matter that precede this Agreement are suspended by it
and merged into it.