ONDURA
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Ondura

Asfalto Corrugado Para Techos de Onduline América del Norte


Terms of Use


Effective February 1, 2015

The terms of use set forth below (“Terms”) govern your access to the ondura.com website and use of all products and services that are provided by or through the website.

PLEASE READ THE TERMS CAREFULLY. YOUR ACCESS TO OR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THESE TERMS. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS, DO NOT ACCESS OR USE THE WEBSITE.

1. Your relationship with ondura.com

Your use of the products, software, services and websites (referred to collectively as the “Services” in this document) is subject to the terms of a legally binding agreement between you and Onduline North America, Inc. (“Company”), a Delaware corporation with its headquarters at 4900 Ondura Drive, Fredericksburg, Virginia 22407. This document explains how that agreement is made up, and sets out the terms of such agreement. It is important that you take the time to read the Terms carefully.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. 
2.2 Your use of the Services constitutes acceptance of the Terms. 
2.3 You may not use the Services if (a) you are not of legal age to form a binding contract with Company, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

3. Provision of the Services by Company

3.1 Company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Company provides may change from time to time without prior notice to you. 
3.2 As part of this continuing innovation, you acknowledge and agree that Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at any time and for any reason, or no reason, at Company’s sole discretion, without prior notice to you. 
3.3 The Services are controlled and operated by Company from its offices within the United States. Company makes no representations that the Service is appropriate or available for use in other locations. Those who access or use this website from other jurisdictions are responsible for compliance with local law, if and to the extent local laws are applicable. 
3.4 You acknowledge and agree that while Company may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Company at any time, at Company’s discretion.

4. Use of the Services by you

4.1 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). 
4.2 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Company, unless you have been specifically allowed to do so in a separate agreement with Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. 
4.3 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). 
4.4 You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. 
4.5 You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Company may suffer) of any such breach.

5. Privacy and your personal information

5.1 For information about Company’s privacy policy, please read the privacy policy at http://ondura.com/legal/privacypolicy.shtml. This policy explains how Company treats your personal information when you use the Services. 
5.2 You agree to the use of your data in accordance with Company’s privacy policy.

6. Content in the Services

6.1 You understand that all information (such as data files, written text, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. 
6.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Company (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Company or by the owners of that Content, in a separate written agreement. 
6.3 Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. 
6.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
6.5 You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Company may suffer) by doing so.

7. Proprietary rights

7.1 You acknowledge and agree that Company (or Company’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 
7.2 Nothing in the Terms gives you a right to use any of Company’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. 
7.3 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. 
7.4 You agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

8. License from Company

8.1 Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Company as part of the Services as provided to you by Company (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Company, in the manner permitted by the Terms. 
8.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Company, in writing. 
8.3 Unless Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE EXPRESS TERMS OF THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS EXPRESSLY WARRANTED IN THE APPLICABLE LICENSE AGREEMENT, COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

9. Ending your relationship with Company

9.1 The Terms will continue to apply until terminated by either you or Company as set out below. 
9.2 You may terminate your legal agreement with Company by ending your use of the Services. 
9.3 Company may at any time, terminate its legal agreement with you if: 
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or 
(B) Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or 
(C) the partner with whom Company offered the Services to you has terminated its relationship with Company or ceased to offer the Services to you; or 
(D) Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or 
(E) the provision of the Services to you by Company is, in Company’s opinion, no longer commercially viable. 
9.4 Nothing in this Section shall affect Company’s rights regarding provision of Services under Section 3 of the Terms. 
9.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 16.10 shall continue to apply to such rights, obligations and liabilities indefinitely.


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