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Terms of Use
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1.
General
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1.1
This Website Service (the "Service") is provided by
Kemlite Company Inc. and its affiliated business units ("Kemlite")
and is to be used for information purposes only. The following
agreement governs your use of the Service, including any interactive
areas (the "Interactive Areas"). Additional terms and
conditions of use applicable to specific areas of the Service
may also be posted in such areas and, together with this agreement
(the "Agreement"), govern your use of those areas.
1.2 Kemlite reserves the right,
in its discretion, to change or modify all or any part of this
Agreement at any time, effective immediately upon notice published
on the Service. Your continued use of the Service constitutes
your binding acceptance of these terms and conditions, including
any changes or modifications made by Kemlite as permitted above.
If at any time the terms and conditions of this Agreement are
no longer acceptable to you, you should immediately cease all
use of the Service.
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2.
Use of Content - Copyright, etc.
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2.1
You acknowledge that the Service contains information, software,
photographs, graphics, links and other material (collectively, the
"Content") that are protected by copyright, trademark
or other proprietary rights of Kemlite or third parties. All Content
on the Service is copyrighted as a collective work of Kemlite pursuant
to applicable copyright law. You agree to comply with any additional
copyright notices, information, or restrictions contained in any
Content available on or accessed through the Service. Users of the
Service may use the Content only for their personal, noncommercial
use.
2.2 You may not modify, publish,
transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of the Content,
in whole or in part, except as expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software’s patent
and/or copyright. You may post on the Service only Content owned
by you, or for which you have received express permission from the
owner, or Content in the public domain. You assume all risk and
responsibility for determining whether any Content is in the public
domain.
2.3 You may download or copy
the Content only for your own personal use, provided that you maintain
all copyright and other notices contained in such Content. You shall
not store electronically any significant portion of any Content.
Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any content is permitted
without the express permission of Kemlite or the owners of such
Content or their authorized persons, if other than Kemlite.
2.4 Kemlite does not want you
to, and you should not, send any confidential or proprietary information
to Kemlite via the Service. You agree that any information or materials
that you or individuals acting on your behalf provide to Kemlite
will not be considered confidential or proprietary. By providing
any such information or materials to Kemlite, you grant to Kemlite
an unrestricted, irrevocable, worldwide, royalty-free license to
use, reproduce, display, publicly perform, transmit and distribute
such information and materials, and you further agree that Kemlite
is free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to Kemlite.
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3.
Rules of Conduct
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You
shall not post on the Service any Content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive features,
(c) violates the rights of others, such as Content which infringes
any copyright, trademark, patent, trade secret or violates any right
of privacy or publicity, or (d) otherwise violates any applicable
law. You may not post on the Service any links to any external Internet
sites that are obscene or pornographic. You shall not use the Service
for any commercial purpose, to distribute any advertising or solicitation
of funds or goods and services or to solicit users to purchase products
or services competitive with products or services sold by Kemlite.
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4.
Managing Content
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Kemlite
does not and cannot review the Content posted by users on the Service
and is not responsible for such Content. However, Kemlite reserves
the right to delete, move or edit any Content (including Content
posted in any Interactive Area) that it may determine, in its sole
discretion, violates this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all Content posted by you.
Kemlite shall have the right, but not the obligation, to correct
any errors or omissions in any Content, as it may determine in its
sole discretion.
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5.
No Endorsement - Link Sites
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5.1
Kemlite does not represent or endorse the accuracy or reliability
of any Content posted on any Interactive Area and you acknowledge
that any reliance upon such Content shall be at your sole risk.
Any Content placed on any Interactive Area by users are the views
of the user posting the statement, and do not represent the views
of Kemlite.
5.2 The Service may contain links
to sites on the Internet which are owned and operated by third parties
(the "Link Sites"). You acknowledge that Kemlite is not
responsible for the availability of, or the content located on or
through, any Link Site. You should contact the site administrator
or Webmaster for those Link Sites if you have any concerns regarding
such links or the content located on such Link Sites.
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6.
Indemnity
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You
agree to indemnify, defend and hold Kemlite and its affiliated business
units, and their respective officers, directors, owners, agents,
information providers and licensors (collectively, the "Kemlite
Parties") harmless from and against any and all claims, liability,
losses, costs and expenses (including attorneys’ fees) incurred
by any Kemlite party in connection with any use or alleged use of
the Service under your password by any person, whether or not authorized
by you. Kemlite reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject
to indemnification by you, and in such case, you agree to cooperate
with Kemlite ‘s defense of such claim.
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7.
Modification or Termination of Service
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Kemlite
reserves the right, in its sole discretion, to restrict, suspend
or terminate your access to all or any part of the Service, including
the Interactive Areas, at any time for any reason without prior
notice or liability. Kemlite may change, modify, suspend or discontinue
all or any aspect of the Service at any time, including the availability
of any feature, database, or Content (including the Interactive
Areas), without prior notice or liability.
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8.
Disclaimer of Warranties; Limitation of Liability
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8.1
NEITHER KEMLITE NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR
RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE; NOR DOES KEMLITE, ANY THIRD PARTY CONTENT PROVIDER,
OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO
BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE
AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE"
BASIS. NONE OF KEMLITE, THIRD PARTY CONTENT PROVIDERS AND THEIR
RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO THE SERVICE, OR ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE SERVICE. NEITHER KEMLITE NOR ANY THIRD
PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING
THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION
OR DESTRUCTIVE FEATURES. KEMLITE ASSUMES NO RESPONSIBILITY FOR DAMAGE
TO YOUR COMPUTER OR COMPUTER SYSTEM AS A RESULT OF USES OF THE SERVICE
OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE
USE, QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR
COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2 NEITHER KEMLITE, ANY THIRD
PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN
IF KEMLITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3 SOME STATES DO NOT ALLOW
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF KEMLITE,
THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
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9.
International Users
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This
Service is controlled, operated and administered by Kemlite from
its offices within the United States of America. Kemlite makes no
representation that the Content on this Service is appropriate or
available for use at other locations outside of the United States
and access to it from territories where the Content is illegal,
is prohibited. You may not use the Service or export the Content
in violation of U. S. export laws and regulations. If you access
this Service from a location outside of the United States, you are
responsible for compliance with all local laws.
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10.
Privacy Policies - Cookies
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Kemlite
is sensitive to the privacy issues, which may concern our Web site
visitors. We believe it is important that you know how we treat
your personal information as we receive it through the Internet.
In general, you can visit Kemlite on the World Wide Web without
telling us who you are or revealing any information about yourself.
Our Web servers collect domain names, not e-mail addresses. This
information is aggregated to measure the number of visits, average
time spent on the site, pages viewed, etc. Kemlite uses this information
to measure the use of our Service and to improve its Content.
There are times, however, when we may need information from you
such as your name and address. When this information is needed,
we will try to let you know how that information will be used at
the time of collection. Usually, the personal information we collect
is used only by us to respond to your inquiry, or to allow you to
access specific account information. Occasionally, we may make individual
e-mail addresses available to other reputable organizations whose
products or services we think you may find interesting. In these
cases, you will be offered an opportunity to limit access to your
information.
If you register with one of the Kemlite businesses on-line, they
may use this information to provide you with customized content
regarding Kemlite offerings in support of your business needs. A
technology called "cookies" may also be used to provide
you with tailored data. A cookie is a small code-based object that
a Web site can send to your browser, which may then be stored on
your hard drive so that we can recognize you when you return. You
may set your browser to notify you when you receive a cookie.
At times we conduct on-line surveys to better understand the needs
of our visitors. When we conduct a survey, we will try to let you
know how we will use the information at the time it is collected
from you.
The Kemlite web site may contain links to other sites such as Kemlite
distributors and sales affiliates. While we try to link only to
sites that share our high standards and respect for privacy, we
are not responsible for the content or the privacy practices employed
by other sites.
Please E-Mail us at
privacy@Kemlite.com
if you have any comments or questions about this Privacy Policy
or to report any violations of the Privacy Policy. We will respond
to you within 24 to 48 hours in most cases. Also, if you don’t want
to be contacted in the future by the brand whose Web site you entered,
or if you would like us to correct or update your Personal Information
in our records, please contact
privacy@Kemlite.com
and indicate the nature of your request in the Subject line.
Kemlite will take reasonable steps to comply with the foregoing
requests.
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11.
Year 2000
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Kemlite
is committed to a program which will insure that Kemlite’s manufacturing,
shipping and accounting processes will not be disrupted by Year
2000 date or date related problems. However, the foregoing statement
does not imply any warranty or guaranty of any kind.
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12.
Miscellaneous
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This
Agreement constitutes the entire agreement between Kemlite and you
with respect to your use of the Service. Any claim or cause of action
you may have with respect to your use of the Service must be commenced
within one (1) year after the claim or cause of action arises. If
for any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect
the intent of the Agreement, and the remainder of this Agreement
shall continue in full force and effect.
This Agreement shall be construed in accordance with the laws of
the State of New York, and the parties irrevocably consent to bring
any action to enforce this Agreement in the federal or state courts
located in New York, NY, the Borough of Manhattan. This Agreement
constitutes the entire agreement between the parties with respect
to the subject matter hereof, and supersedes all previous written
or oral agreements between the parties with respect to such subject
matter. If any inconsistency exists between the terms of this Agreement
and any additional terms and conditions posted on the Service, such
terms shall be interpreted as to eliminate any inconsistency, if
possible, and otherwise, the additional terms and conditions shall
control. Sections 2, 6, 8, 9, 10 and 12 shall survive any termination
of this Agreement as well as any other provisions, which by their
terms or sense are intended to survive.
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