Terms and Conditions of Use
NOTICE – READ CAREFULLY BEFORE USING THIS WEBSITE
This website is owned and operated by The Chemico Group and/or its subsidiary corporations and affiliates wherever located (collectively, “Chemico” or “we”).
By using this website or downloading materials, you agree to abide by these Terms and Conditions of Use (the “Terms”):
Website Content
Information provided on this website is made available exclusively for informational purposes. This includes information related to or referenced in the pages for certain Chemico products. Such information is provided for your general information and does not constitute an offer to sell or a solicitation of an offer to buy products. The information does not constitute a sufficient basis for making a decision with respect to the purchase or use of any products. Use conditions, such as equipment, formulations, end-use applications, and environmental factors, vary among users. Laws and other regulatory requirements vary depending on location and can change. Before purchasing any products, please consult your products advisor for information about and analysis of the products and its risks. Nothing contained herein is to be construed as a recommendation to use any product, combination of products, process, equipment or formulation in a way that infringes any patent and Chemico makes no representation or warranty, express or implied, that the use, sale, or transfer thereof will not infringe any patent.
Intellectual Property; Copyright; and License
This website contains intellectual property owned, licensed, or used with permission by Chemico. You agree, as between you and Chemico, that Chemico is the sole owner of and maintains all rights and title to this website’s content, including, without limitation, all trademarks, copyrights, information, business methods, graphic representations, designs and documentation as well as the “look and feel” of this website. Chemico’s use of these materials on this website does not constitute a waiver, transfer, or license of proprietary rights to you or any other third party.
This website and all of its contents are copyrighted and protected by Unites States copyright law and international treaty. Chemico grants you a non-exclusive, non-transferrable, limited license to display, download, and/or print a copy of the content for your own personal non-commercial use, provided the content is not modified. You agree not to remove any copyright notices and/or company logos from material obtained in connection with this website.
Unless expressly permitted in these Terms, any other use of the content is prohibited and you may not modify, copy, publish, or disseminate such content in any matter or form without the prior written consent of Chemico.
Except as expressly provided herein, nothing contained on this website shall be construed as conferring, by implication, estoppel, or otherwise, any license or right to any patent, trademark, copyright, or other proprietary rights of Chemico or any other third party.
Unauthorized reproduction or distribution is subject to civil and criminal penalties.
Requests for permission to use copyrighted materials may be submitted to [email protected].
Links To Other Websites
Chemico may provide links to websites operated by third parties. Chemico has no control over such websites and is not responsible for the content, availability, or policies of any third-party website. You acknowledge that Chemico provides these links to you only as a convenience and understand that third-party websites are governed by their own terms and conditions and other policies. Links provided by Chemico do not constitute Chemico’s endorsement of any underlying website or company.
Electronic Communications
If you contact Chemico using electronic means, including, without limitation, email, you consent to receive communications from us electronically. We may communicate with you using any available electronic medium including by email and text messages. You agree that all content we provide to you electronically including, without limitation, agreements, notices, messages, and disclosures satisfy any legal requirement that such content be provided in writing.
Indemnification
By using this website, you agree that, to the extent permitted by law, you will defend, indemnify, and hold Chemico, its affiliates, directors, officers, and employees harmless from all claims, liabilities, damages, and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to your use of the website and/or any violation of these Terms
Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR COLLATERAL. USE OF THIS WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. CHEMICO DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE ACCURACY, RELIABILITY, AVAILABILITY, OR USEFULNESS OF THIS WEBSITE OR ITS CONTENT INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. CHEMICO DOES NOT ASSUME RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THIS WEBSITE OR ITS CONTENT. WHILE CHEMICO TAKES COMMERCIALLY REASONABLE EFFORTS TO KEEP THIS WEBSITE SAFE, IT DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS CONTENT ARE FREE FROM VIRUSES OR OTHER HARMFUL ELEMENTS.
IN NO EVENT SHALL CHEMICO’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUCCESORS, OR ASSIGNS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY – WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY – FOR ANY LOSS, COST, OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES, EVEN IF CHEMICO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IT IS YOUR SOLE RESPONSIBILITY TO VERIFY THE ACCURACY OF ANY INFORMATION YOU INTEND TO RELY UPON. THE CONTENT OF THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME, CHANGES ARE MADE TO THE CONTENT HEREIN. CHEMICO MAY MAKE CHANGES TO THE CONTENT, INCLUDING, WITHOUT LIMITATION, PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME AND RESERVES THE RIGHT TO MAKE SUCH CHANGES WITHOUT NOTICE.
Copyright Infringement
If you believe that your copyrighted work is being used on this website in a manner that constitutes copyright infringement, please contact us at [email protected] and provide the following information:
· identification of the copyrighted work allegedly infringed upon;
· the location of the allegedly infringing material on this website;
· your contact information (including a physical address and telephone number);
· a statement verifying that you are the copyright owner (or authorized to act on the owner’s behalf) and that you believe in good faith that Chemico’s use of the allegedly infringing material is not authorized by law.
Severability and Waiver
The provisions of these Terms of Use are severable. If any provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms of Use. No wavier by Chemico of any right under any provision of these Terms will be deemed to be a waiver of any other such right or provision of a waiver of that same right or provision at any other time.
Legal Compliance; Governing Law
This website is operated from the United States of America. Users accessing this website from another jurisdiction are responsible for compliance with all laws in that jurisdiction. These Terms shall be governed
by the laws of the state of Michigan, excluding its conflict of laws provision which shall not apply. By using this website, you agree to submit to the jurisdiction of the state and federal courts located in the state of Michigan to resolve all disputes arising from or related to such use of this website and/or these Terms.
Time Limit on Claims
You agree that any claim you may have arising from or related to your use of this website must be filed within one (1) year after the claim arises or the claim is permanently barred.
Anti-Trust
The basic objective of the anti-trust laws is to preserve and promote competition. These laws are premised on the assumption that private enterprise and free competition are the most efficient ways to allocate resources, produce goods at the lowest possible price, and assure the production of high-quality products.
Chemico’s aim is that its members conduct themselves in such a way as to avoid any potential for anti-trust exposure. Full compliance with the anti-trust laws is a requirement for Chemico employees. This responsibility for compliance rests with each member. To comply with the anti-trust laws, employees should not discuss certain subjects when they are together — either at formal meetings or in informal contacts with other industry members. Topics to avoid discussing with competitors include, but are not limited to: price trends, timing of price changes, terms of sale, discounts and rebates (or any kind of information that is not publicly available). Further, Chemico and its employees are prohibited from collectively discussing any company’s confidential strategy or any other confidential information.
Participants in Chemico’s meetings have an obligation to terminate any discussion, seek legal counsel advice, or, if necessary, terminate any meeting if the discussion might be construed to raise anti-trust risks. All Chemico meetings and activities are held for the purpose of transacting the appropriate business of Chemico and to further its goals and must be conducted in a manner consistent with this policy.
Anti-Dumping
An anti-dumping duty is a protectionist tariff that a domestic government imposes on foreign imports that it believes are priced below fair market value. Dumping is a process wherein a company exports a product at a price that is significantly lower than the price it normally charges in its home (or its domestic) market.
Chemico warrants that all sales made are or will be made at no less than fair value under the applicable Anti-Dumping law, and Supplier will indemnify, defend and hold Buyer harmless from and against any cost or expenses (including but not limited to and anti-dumping duties which may be imposed) arising out of in connection with any breach of this warranty.