Terms of Service:

The following terms and conditions govern all use of the Concrete Quality website and all content, services, products available at or through the website, and associated websites, including, but not limited to:

• “Quality Control” software application (“Quality Control”) and its server-based services (for example data synchronization)
• “Quality Mix” software application (“Quality Mix”) and its server-based services (for example Concrete Mix Design calculation)
• “Field Test” web application
• Localized subscriptions for the Concrete Quality software, such as “The American Way”, “UK & IE”, and others
• Other subscriptions for the Concrete Quality software, such as “Data Transfer”, “Live Support”, and others
• Associated websites such as www.concrete-questions.com and others

(taken together, the Software, the Application and/or the Website). The Website and the Software is owned and operated by Concrete Quality, SLU (VAT ID: ESB87365334), represented by Juan Manuel Pereira (NIE X4793948N), from now on referred to as “Concrete Quality”. The Website and the Software is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Concrete Quality’s Privacy Policy) and procedures that may be published from time to time on this Site by Concrete Quality (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website or the Software. By accessing or using any part of the website or software, 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, the software or use any services. If these terms and conditions are considered an offer by Concrete Quality, acceptance is expressly limited to these terms. The Website and the Software are available only to individuals who are at least 13 years old.

1. Your Concrete Quality Account and Site. If you post information on the Website or use the Software to store personal or company information, you are responsible for maintaining the security of your account and posts, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the post or the information stored in the Application. You must not describe or assign keywords to your post in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Concrete Quality may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Concrete Quality liability. You must immediately notify Concrete Quality of any unauthorized uses of your post or information stored in the Application, your account or any other breaches of security. Concrete Quality will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If post a question, an answer or comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website or the Application (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

• the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
• if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
• the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
• the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
• the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
• your post is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
• your post is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
• you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by Concrete Quality or otherwise.

Without limiting any of those representations or warranties, Concrete Quality has the right (though not the obligation) to, in Concrete Quality’s sole discretion (i) refuse or remove any content that, in Concrete Quality’s reasonable opinion, violates any Concrete Quality policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website and/or Application to any individual or entity for any reason, in Concrete Quality’s sole discretion. Concrete Quality will have no obligation to provide a refund of any amounts previously paid.

Payment and Renewal

• General Terms. Optional paid services such as, but not limited to, data synchronization or mix design calculation, are available on the Application (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Concrete Quality the periodical subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a subscription period as indicated. Upgrade fees are not refundable.
• Automatic Renewal. Unless you notify Concrete Quality before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable periodical subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanisms we have on record for you. Upgrades can be canceled at any time in the Subscriptions section of the Application (internet connection required).
• Pricing Updates: all prices are subject to change with a written 30-days notice prior to invoicing date to reflect exchange rate variations greater than 10% (for invoicing in currencies other than Euros €), yearly increases due to inflation (reference index: Spanish Consumer’s Price Index “IPC”), and by general improvements and upgrades in our systems and services, such as increased speed, increased storage capacity, new features, etc. The client will preserve the right to desist without penalties upon written confirmation within 30 days of invoicing date.

1. Responsibility of Website Visitors. Concrete Quality has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot, therefore, be responsible for that material’s content, use or effects. By operating the Website, Concrete Quality does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. 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 content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Concrete Quality 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.
2. 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 web pages to which Concrete-Quality.com links, and that link to ConcreteQuality.com. Concrete Quality does not have any control over those non-Concrete Quality websites and web pages and is not responsible for their contents or their use. By linking to a non-Concrete Quality website or webpage, Concrete Quality 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. Concrete Quality disclaims any responsibility for any harm resulting from your use of non-Concrete Quality websites and web pages.
3. Copyright Infringement and DMCA Policy. As Concrete Quality asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Concrete-Quality.com violates your copyright, you are encouraged to notify Concrete Quality. Concrete Quality will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Concrete Quality will terminate a visitor’s access to and use of the Website or Application if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Concrete Quality or others. In the case of such termination, Concrete Quality will have no obligation to provide a refund of any amounts previously paid to Concrete Quality.
4. Intellectual Property. This Agreement does not transfer from Concrete Quality to you any Concrete Quality or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Concrete Quality. Concrete Quality, Concrete-Quality.com, the Concrete Quality logo, and all other trademarks, service marks, graphics and logos used in connection with Concrete-Quality.com, or the Website and Application are trademarks or registered trademarks of Concrete Quality or Concrete Quality’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Application may be the trademarks of other third parties. Your use of the Website or Application grants you no right or license to reproduce or otherwise use any Concrete Quality or third-party trademarks.
5. Advertisements. Concrete Quality reserves the right to display advertisements on your blog and in the Application.
6. Attribution. Concrete Quality reserves the right to display attribution links such as ‘Blog at Concrete-Quality.com,’ theme author, and font attribution in your blog footer or toolbar.
7. Changes. Concrete Quality reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is the user’s responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website and/or Application following the posting of any changes to this Agreement constitutes acceptance of those changes. Concrete Quality may also, in the future, offer new services and/or features through the Website or Application (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.
8. Termination. Concrete Quality may terminate your access to all or any part of the Website or Application at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Concrete Quality account (if you have one), you may simply discontinue using the Website or Application. 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.
9. Disclaimer of Warranties. The Website and Application are provided “as is”. Concrete Quality 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 Concrete Quality nor its suppliers and licensors makes any warranty that the Website or Application 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 and Application at your own discretion and risk. All calculations, advises, warnings, recommendations or results provided by the Application (and any of its services) are also subject to this Disclaimer of Warranties. Calculations, advises, warnings, recommendations and results are to be considered as a help and recommendation, never as a commitment by Concrete Quality to achieve said results. All calculations, advises, warnings, recommendations and results must be sufficiently tested before committing to produce concrete or any other products based on them. The responsibility for the testing and the final products delivered corresponds to the user of the Website or the Application.
10. Limitation of Liability. In no event will Concrete Quality, 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 for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Concrete Quality under this agreement during the six (6) month period prior to the cause of action. Concrete Quality 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. Concrete Quality will not be responsible for data loss of any kind when any updates, upgrades or plugins are installed for the Application. The user must make sure to make a backup copy of the Application’s databases, in case database corruption arises from updating the Application or installing a new plugin or upgrade.
11. General Representation and Warranty. You represent and warrant that (i) your use of the Website and/or Application will be in strict accordance with the Concrete Quality Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website and/or Application will not infringe or misappropriate the intellectual property rights of any third party.
12. Indemnification. You agree to indemnify and hold harmless Concrete Quality, 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, arising out of your use of the Website and/or Application, including but not limited to your violation of this Agreement.
13. Billing. By subscribing to the Concrete Quality services (upgrades) you accept Electronic Billing. Your invoices can be accessed and printed within the Concrete Quality application. No physical invoices will be sent by regular mail or any other means.
14. Miscellaneous. This Agreement constitutes the entire agreement between Concrete Quality and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Concrete Quality, or by the posting by Concrete Quality of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website and/or Application will be governed by the laws of Madrid, Spain, 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 Madrid. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Madrid, Spain, in the Spanish language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Concrete Quality may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.