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ASOCIACIÓN DE PRODUCTORES DE HORMIGÓN PREMEZCLADO DE PUERTO RICO (APHPPR). APHPPR WEBSITE TERMS AND CONDITIONS OF USE AND DISCLAIMER PLEASE READ THESE TERMS AND CONDITIONS OF USE AND LEGAL NOTICE CAREFULLY BEFORE USING THIS SITE. By using the APHPPR website, you acknowledge and confirm your consent to these terms and conditions of use. If you do not agree to be bound by these terms and conditions of use, you must not use this website. The APHPPR website is owned and operated by the “Asociación de Productores de Hormigón Premezclado” de Puerto Rico (“APHPPR”) for your information, reference and education. APHPPR welcomes you to browse the website, with the understanding that your access to, and use of the website is subject to the specific terms and conditions set forth herein and all applicable Federal, State or Local laws and regulations. By accessing and browsing the website, you accept, without limitation or qualification, all of the terms and conditions set forth herein. IF YOU ARE USING THE WEBSITE WITHIN A COMPANY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE COMPANY AND YOU ACKNOWLEDGE THAT THE RIGHTS TO USE THE WEBSITE WHICH ARE GRANTED TO YOU AND THE COMPANY UNDER THIS AGREEMENT ARE EXPRESSLY CONDITIONED UPON ACCEPTANCE BY SUCH AUTHORIZED PERSONNEL OF THE COMPANY. APHPPR retains the unconditional right to at any time and for any reason modify, delete or add to these terms and conditions of use, effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting on the website a revised version of these terms and conditions of use. If any such change is unacceptable to you, you must immediately discontinue your use of the website. You further agree to periodically review the terms and conditions set forth herein to be aware of any such additions or revisions. Your use of the website may also be subject to additional or different terms or conditions imposed by third party content provides in connection with third party content, products or services accessible through the website. RESTRICTIONS ON USE OF MATERIALS This website contains material that is protected, nationally and internationally, by applicable copyright and trademark laws. No material may be copied, reproduced, republished, uploaded, downloaded, posted, transmitted, or distributed in any way or de-compiled, except that you may download one copy only of such material on any single computer for your personal or commercial use, provided you keep intact any and all copyright and other proprietary notices. With the limited exception of guide specifications and detail drawings, modification of the materials in any way is strictly prohibited. Guide specifications and detail drawings are provided on the website for user reference. Modification or amendment of the guide specifications and detail drawings is permitted for the limited and specific purpose of project design. However, any individual and/or entity electing to modify or amend the guide specifications and detail drawings provided on the APHPPR website does so entirely at its own risk and voluntarily assumes full responsibility and sole legal liability for any and all claims or damages arising out of the modifications or amendments and further agrees to indemnify and hold APHPPR harmless from any claim(s) arising out of the user’s modifications or amendments of the guide specifications or detail drawings. The use of any such materials on any other website or networked computer environment is strictly prohibited without the express written consent of an authorized officer or representative of APHPPR. If you download any copyrighted or trademarked information, content, data or images, these materials are licensed to you by APHPPR or by the applicable third party developed on a limited, non-exclusive basis. Neither they nor APHPPR transfer any title, right or ownership interest in the materials, documents, data or information to you. You own the medium on which the software is recorded, but the third party or APHPPR retain full and complete title and ownership to the intellectual property rights therein. YOU MAY NOT RE-SELL OR DISTRIBUTE THE MATERIAL, DATA, PUBLICATIONS OR INFORMATION IN ANY FORM OR MANNER. JURISDICTIONAL ISSUES Unless otherwise specified herein, the materials on the website are presented solely for promotion and use in the United States, its territories, possessions and protectorates. APHPPR controls and operates this website from San Juan, Puerto Rico. and makes no representations or warranties that the materials, products, services, information, data, details, guidelines, drawings, technical specifications or publications are appropriate or available for use in other locations or jurisdictions. Individuals or entities choosing to access this website from other locations do so on their own initiative and are solely responsible for compliance with all Federal, State, and Local laws, if and to the extent these laws are applicable. TERMINATION This agreement regarding the terms and conditions of website use shall remain in effect until terminated by APHPPR. This agreement will terminate immediately without notice from APHPPR if, in APHPPR’s sole discretion, you fail to comply with any term, condition or provision of this agreement. Upon termination of this agreement, you shall immediately destroy all materials obtained from this website and all copies thereof, whether made under the terms of this agreement or otherwise. Furthermore, you represent and warrant that you shall not make any further or additional use of the materials, documents, data, or information you obtained from this website. DISCLAIMER Your use and browsing of the website is ENTIRELY AT YOUR OWN RISK. If you are dissatisfied with any of the products, services, materials, information, data, publications, technical specifications, guidelines, drawings, details, or images, contained, identified or listed on the website, your sole and exclusive remedy with respect to APHPPR, its officers, directors, employees, authorized representatives, subsidiaries, affiliates, chapters and assigns is to immediately discontinue accessing or use the website. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE FEDERAL, STATE OR LOCAL LAW, APHPPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MODIFYING OF THIS WEBSITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THE WEBSITE OR FOR YOUR ACCESS TO OR USE OF ANY TECHNICAL SPECIFICATIONS, GUIDELINES, DRAWINGS, DETAILS, IMAGES, OR TECHNICAL PUBLICATIONS OR PROGRAMS LISTED ON THE WEBSITE OR FOR YOUR PURCHASE OR USE OF ANY THIRD PARTY SERVICES OR PRODUCTS LISTED OR IDENTIFIED HEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS OFFERED AND PROVIDED TO YOU “AS IS” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. APHPPR DOES NOT WARRANT THAT SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. APHPPR may also make improvements and/or changes in the publications, products or programs described in this information at any time without notice. APHPPR, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns assume no responsibility, and shall not be liable for any damages to, or viruses or other harmful components that may infect your computer equipment or other property on account of your access to, use of, or browsing on the website or the server that makes it available, or your downloading of any materials, information, data, or publications from the website. APHPPR is making available for your review and examination on the website materials, information, products and content supplied by third parties. Any opinions, advice, statements, representations, services, offers or other information or content expressed or made available by third parties are those of the respective authors or distributors and not of APHPPR, its officers, directors, employees, authorized representatives, subsidiaries, chapters, affiliates and assigns. Without restricting any of the foregoing limitations, conditions or disclaimers, neither APHPPR nor any third party provider of information, products or services guarantees the accuracy, completeness, or usefulness of any materials, information, products, services or content provided on or through the website. APHPPR reserves the right to at any time, without condition or restriction, change or discontinue any aspect or feature of the website, including without limitation content, hours of availability, and equipment required for access or use. THIRD PARTY SITES APHPPR makes no representations whatsoever about any other website which you may access through this one. When you access a non-APHPPR website, please understand that it is independent from APHPPR, and that APHPPR has no control over the availability of or content on that website. In addition, a link to a non-APHPPR website does not mean that APHPPR endorses or accepts any responsibility for the content, or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature. IN NO EVENT WILL APHPPR BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE (WHEN APPLICABLE) OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF APHPPR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This website may or might contain information about programs, products, and services offered by third parties. The presence of such a listing or such information does not constitute an endorsement by APHPPR of a particular company or organization, or its programs, products or services. LIMITATION OF LIABILITY IN NO EVENT SHALL APHPPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, CHAPTERS, AFFILIATES AND ASSIGNS OR ITS LICENSORS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, RELIANCE, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE WEBSITE OR ANY OF THE MATERIALS, INFORMATION, DATA, PUBLICATIONS, IMAGES, TECHNICAL SPECIFICATIONS, DRAWINGS, DETAILS OR GUIDELINES LISTED OR IDENTIFIED ON THE WEBSITE, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, PERSON OR PROPERTY, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, HOWEVER SUCH DAMAGES ARE OR MAY BE CAUSED, AND WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY WHETHER OR NOT APHPPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, CHAPTERS, ASSIGNS, LICENSORS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, MAINTENANCE OR DELIVERY OF THE WEBSITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APHPPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS AND ALL OTHER PARTIES INVOLVED WITH THE CREATION, PRODUCTION OR DELIVERY OF THE WEBSITE FURTHER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE RESULTING FROM UNAUTHORIZED ACCESS BY THIRD PARTIES TO OTHER PARTIES TRANSMISSION FACILITIES OR PREMISES, EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OR NETWORK SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD UNLESS SUCH DAMAGE IS CAUSED BY AN INTENTIONAL ACT OF APHPPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, ASSIGNS, LICENSORS, SUPPLIERS OR THIRD PARTIES INVOLVED WITH THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN SHALL APPLY EVEN IF APHPPR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AUTHORIZED REPRESENTATIVES, AFFILIATES, CHAPTERS, SUBSIDIARIES, AND ASSIGNS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable Federal, State or Local law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, in no event shall APHPPR, its officers, directors, employees, authorized representatives, affiliates, subsidiaries, chapters or assigns total liability to you, if any, for all claims, damages, injuries, losses, and causes of action, whether in contract, tort, including without limitation, negligence, or otherwise, exceed the amount paid by you, if any, for accessing this website. IN THE EVENT THAT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THIS APHPPR WEBSITE OR THE SERVICES TRANSMITTING THE APHPPR WEBSITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTION OR DISRUPTIONS. FOR PURPOSE OF THIS AGREEMENT, “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OR COMPUTER WORMS, VIRUSES, OR OTHER HARMFUL CODE, AND/OR USING THE WEBSITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE WEBSITE. FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE WEBSITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE WEBSITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS WRITTEN PERMISSION OF THE OWNER OR SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY AND COMPLETELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF ANY CLAIM OR INFRINGEMENT OR VIOLATION OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU. MISCELLANEOUS This document entitled “APHPPR Website Terms and Conditions of Use and Disclaimer” shall be governed by and construed in accordance with the laws of Puerto Rico, and thus all laws applicable onto its jurisdiction, without giving effect to any principles of conflicts of law. If any provision of this agreement regarding terms and conditions of use shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein. IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE OR ARE NOT AUTHORIZED TO ENTER INTO THESE TERMS AND CONDITIONS, PLEASE EXIT THE WEBSITE IMMEDIATELY. ASOCIACIÓN DE PRODUCTORES DE HORMIGÓN PREMEZCLADO DE PUERTO RICO(APHPPR) WEBSITE PRIVACY STATEMENT The “Asociación de Productores de Hormigón Premzclado de Puerto Rico (“APHPPR”) respects your privacy as a user of it website. We will make every reasonable effort to ensure that any personal information you provide to us is used only for the purposes stated below. While the policy presented here concentrates on information collected by the APHPPR website, it also applies to personal information submitted by other means (mail, fax, e-mail, telephone, sign-up sheets, and so on). PERSONAL INFORMATION COLLECTED Several areas of the APHPPR website require that you send us personal information: - Membership application - Subscriber information APHPPR uses the demographic and professional information collected on membership and other forms for aggregate analysis, to personalize our member records for better service, and to create targeted mailing lists for promotion of technical resources, educational seminars, and publications. In addition to the primary purpose stated or implied at the time the information is collected, we may also use your postal mailing address to send you information about APHPPR programs, publications, surveys, etc. If you supply an e-mail address, we use to confirm your order, follow up on a request, etc. as the context determines. We may also use it to keep you informed about APHPPR programs, publications and initiatives. Except as stated above, APHPPR does not make its e-mail lists available to any third party. APHPPR MEMBERS Because of the relationship we seek with our members, APHPPR may send them periodic updates and announcements via e-mail. We may also make an occasional telephone call (e.g. to clear up a problem or inquire about a lapsed membership). APHPPR members can also specify their preferred telephone number and mailing address. RESTRICTED ACCESS WEB PAGES Some areas of this website are restricted to APHPPR members. These areas require users to log in using company name and member ID or password. This login information is not collected or tracked; it is used solely to verify that a person is authorized to use a particular website resource. ANONYMOUS INFORMATION COLLECTED ONLINE Generally speaking, you can visit the APHPPR website without revealing any personal information about yourself or your company. We do keep a record of all server activity, which means that every page, image, or other type of filed requested by your browser is written into a log file. Each entry in the log contains, among other things, information about the computer you’re using to connect to the Internet (“IP address”) and about your browser (e.g. which version of Internet Explorer you’re using). It does not, however tell us anything about you personally. We use aggregate data from the web logs to determine how the site’s resources are being used and to refine its navigating structure. If the need arises, we may use the logs to trace the source of abusive or illicit activity. We do not share our web logs with any outside party. COOKIES A “cookie” is a text file, stored on your computer, that includes information that identifies that computer and can be retrieved by our server to create a seamless browsing session. Most cookies used on the APHPPR site are deleted when your browser is shut down or in a fixed amount of time, whichever occurs sooner. Members-only pages and other restricted areas use this type of cookie. Most browsers accept cookies by default. If you set your browser to reject all cookies, these areas and others may not function properly. Most browsers have a setting whereby the browser alerts you when a server attempts to place a cookie in your hard drive; you are given the option of accepting or rejecting it. MATERIAL SUBMITTED ONLINE Some areas of the APHPPR website allow you to submit information online. As stated in our legal notice, all submissions become the property of APHPPR. LINKS TO OTHER WEBSITES The APHPPR website contains links to other websites. APHPPR is not responsible for the privacy practices or content of those sites. Check the privacy policy of a website before revealing any personal information. EXCEPTIONS In certain circumstances, and as an exception to this privacy policy, we may, without notice to you, release information to comply with any valid legal process such as a search warrant, subpoena, statute or court order, or in other special cases, such as, for example, suspected fraudulent or criminal activity, or an attempt to breach the security of APHPPR or its website. PRIVACY POLICY UPDATES We have tried to create a privacy policy that is comprehensive, readable, and durable. Despite our best efforts, we may find it necessary to revise it. Any changes will be made without prior notice. The current APHPPR privacy policy will continue to be posted at this address www.APHPPR.org. If you have questions or comments about the privacy policy, please send them to the APHPPR Executive Director.