Terms and Conditions

www.CompositeBuild.com

TERMS OF USE

Please Read Carefully to “THE END” the Terms of Use Below Before Using This Website.

Ashland Inc. (the “Sponsor”) is the sponsor and provider of this website, including all of its web pages (the “Site”), and the Sponsor and its subsidiaries, divisions and affiliated companies (collectively, the “Sponsor Group”) require that you abide by the terms of use stated below (these “Terms of Use”) as a condition of using the services, content, interfaces, tools and functionality provided on or through the Site.

USE OF THE SITE IS SUBJECT TO YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO ADHERE TO THE TERMS AND CONDITIONS IN THESE TERMS OF USE. UPON SUCH ACCEPTANCE, THESE TERMS OF USE WILL CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND THE SPONSOR GOVERNING YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE USE OF THE CONTENT (AS DEFINED BELOW). EACH TIME YOU USE THE SITE, YOU 1) REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO USE THE SITE TO PERFORM THE FUNCTIONS YOU ARE PERFORMING AND 2) ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS OF USE. IF YOU ARE NOT AUTHORIZED TO PERFORM THE FUNCTIONS THAT YOU INTEND TO PERFORM ON THE SITE AND/OR YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE.

Additionally, when you click on “I agree,” “I consent,” “place order” or any other similarly worded button or entry field, or take any other affirmative action on the Site, such action will be legally binding and enforceable as the legal equivalent of a handwritten signature.

These Terms of Use apply to the Site. The Sponsor may at any time, at its sole discretion without notice to you, discontinue all or any portion of the Site or make modifications to these Terms of Use or the Site (including, without limitation, changes to the format, content, services and functionality). You should revisit these Terms of Use posted on the Site periodically to note any modifications that may have been made. YOUR USE OF THE SITE AFTER ANY SUCH MODIFICATIONS HAVE BEEN MADE WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS OF USE.

Copyrights and Trademarks. The entire content of the Site, excluding any request, orders, materials, information, data or other communications you place on or transmit through the Site (collectively, the “Materials”), but including, without limitation, text, documents, information, design, graphics, icons, interfaces, code and the selection and arrangements thereof (the “Content”) are copyrighted under USA and other copyright, trademark and other intellectual property laws. You further acknowledge and agree that Materials and Content contained in advertisements or information presented to you through the Site, both by the Sponsor Group or by advertisers or other providers of Materials and Content are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by the Sponsor or the applicable advertiser or other provider, you agree not to use in any way, including, without limitation, to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on, the Materials and Content, in whole or in part.

You are granted no license or other rights to such Content or Materials, including, without limitation, no right or license to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise commercially exploit any of the Content or Materials obtained from the Site (including, without limitation, any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials (collectively, the “Marks”)) except as explicitly stated below:

1. You may download or print one copy of each web page on the Site for your noncommercial, informational and personal use provided that the web page is downloaded or printed in its entirety without modification or alteration.

2. In some locations on the Site, hyperlinks to portable document format (“PDF”) versions of certain documents, as well as photographs, logos and video files, are provided and designated for the user’s downloading, printing and/or e-mailing. If so designated, you may download, print and/or e-mail such items to be used for their intended purposes provided that the items are downloaded, printed and/or e-mailed in their entirety without modification or alteration.

You may not change or delete any proprietary notices from materials downloaded, printed or e-mailed from the Site. The copyright notice appearing at the bottom of each web page or document must appear on every copy. (For the purpose of clarification, any limitation set forth in these Terms of Use on the number of copies that may be made does not apply to forms, product literature, management presentations, news releases, annual reports and other documentation and information for which, in accordance with their intended utility, multiple copies are needed or desirable.)

Except as expressly provided above in this Copyrights and Trademarks section, the Content and Materials may not be altered or used without the prior written permission of their owner. Except as expressly provided in paragraphs 1 and 2 above, no right or license is granted for any Content or Materials, including, without limitation, proprietary information, copyright, patent, or Marks contained on the Site. The Content, Materials and Marks may be used, copied, distributed or transmitted only in compliance with these Terms of Use and applicable laws.

Hyperlinks and Frames. The Site may contain links to other websites on the Internet (the “External Sites”). The Sponsor has no control over the External Sites and has no responsibility or liability for the External Sites, including, without limitation, any goods or services supplied by the External Sites, the External Sites’ content, the privacy and data collection practices of the External Sites or any Harmful Elements (as defined below) encountered in linking to, accessing or using the External Sites, even if the External Sites are affiliated with the Sponsor Group. The External Sites are provided only for your convenience, and you access the External Sites at your own risk. Links do not imply that the Sponsor sponsors, endorses or is associated in any way with the External Sites. Links do not imply that the Sponsor has been legally authorized to use any Mark displayed on or accessible through the External Sites.

Before you frame or create any kind of hyperlink to any web page of the Site, you must obtain the prior written permission of the Sponsor.

Disclaimer, Limitation of Liability, Release. Although the Sponsor has taken security measures to protect against the loss, misuse and unauthorized alteration of Materials, no system of security is 100-percent fail-safe, and the Sponsor makes no representations or warranties that the Site cannot be tampered with by third parties or against the loss, release, misuse or unauthorized alteration of Materials. The Sponsor makes no representations or warranties that the Content of the Site is complete, correct, accurate, adequate, useful, timely, reliable, current, suitable, noninfringing or otherwise. Any decision made by you based on information contained in the Site is your sole responsibility. The Sponsor makes no representations or warranties that the Site will be free of viruses, Trojan horses, worms, time bombs, cancelbots or other computer-impairing routines, engines or elements that could damage, disable, destroy, disrupt or otherwise impair or impede in any manner the operation or functionality of the Site or of the Sponsor’s or any user’s processing environment (collectively “Harmful Elements”).

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SPONSOR DISCLAIMS AND NEGATES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY COMMON LAW, STATUTE OR OTHERWISE, RELATED TO THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, SERVICES AND PRODUCTS THEREON, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM HARMFUL ELEMENTS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE SPONSOR DOES NOT REPRESENT OR WARRANT THAT ACCESS TO, OR THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED ON, THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF HARMFUL ELEMENTS. THE SPONSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE CONTENT ON THE SITE, INCLUDING, WITHOUT LIMITATION, THAT THE CONTENT IS NONINFRINGING OR COMPLETE, CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, CURRENT, SUITABLE OR OTHERWISE. USE OF THE SITE IS AT YOUR RISK.

IN NO EVENT WILL THE SPONSOR GROUP BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR LOSS), OR ANY DAMAGES WHATSOEVER, EVEN IF THE SPONSOR GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY (INCLUDING STRICT LIABILITY), ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE INABILITY TO USE THE SITE OR RELIANCE UPON THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE SPONSOR GROUP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), WITH RESPECT TO THE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU HEREBY RELEASE AND FOREVER DISCHARGE THE SPONSOR GROUP, AN THE DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS AND CONTRACTORS OF ANY MEMBER OF THE SPONSOR GROUP FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND EVERY NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SITE AND/OR THE ACTIVITIES CONTEMPLATED FOR ITS USE.

Indemnity of the Sponsor Group. You agree to indemnify, defend and hold the Sponsor Group and the officers, directors, employees, licensors, agents, vendors, contractors and affiliates of any member of the Sponsor Group from and against any claim, demand, cause of action, debt, loss or liability, including, without limitation, reasonable attorney’s fees, to the extent that such action is based upon or arises out of your violation of these Terms of Use.

Site Security. You are prohibited from violating, or attempting to violate, the security of the Site including, without limitation:

1) logging into or attempting to log into a server or account that you are not authorized to access;
2) accessing data or taking any action to obtain services not intended for your use;
3) attempting to probe, scan or test the vulnerability of the Sponsor Group’s network;
4) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
5) transmitting Materials that contain Harmful Elements;
6) interfering with service, including, without limitation, by means of overloading, flooding or crashing any computer system; or
7) uploading files that contain software or any other materials in breach of any intellectual property right or in breach of confidentiality restrictions.

The Sponsor monitors the usage of the Site. Any violations of the security of the Site by you may subject you to criminal or civil liability.

Applicable Laws. Unless otherwise specified, the Site is intended to provide information about certain composite products and their manufacturers and suppliers. The Site is controlled and operated from Lexington, Kentucky, USA; provided, however, some locations on the Site may be hosted by third parties from the third parties’ locations in the USA. The Sponsor does not imply or represent or warrant that the Site or the Content is designed or appropriate for use outside of the USA, and the Sponsor makes no representations or warranties that the Site or the Content is appropriate or available for use in other locations or that access to or use of the Site or the Content from other locations is not legally prohibited. Except as otherwise expressly provided, all Content is directed exclusively to entities and natural persons located in the USA. Those who choose to access and use the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. To the extent any applicable local laws prohibit your access to and use of the Site or the Content, you may not view or use the Site or the Content.

Your use of the Site is governed in all respects by the laws of the Commonwealth of Kentucky, USA, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site or the use thereof shall be in the state or federal courts located in Kenton County, Kentucky, USA. Any cause of action or claim you may have with respect to the Site or the use thereof must be commenced within one year after the claim or cause of action arises. The Sponsor’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. The Sponsor may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign any of your rights or duties under these Terms of Use without the prior written consent of the Sponsor, and any such attempted assignment will be void. Subject to the foregoing, these Terms of Use will be binding upon the Sponsor and your respective successors and permitted assigns. These Terms of Use will not be interpreted or construed to create an association, agency, joint venture or partnership between you and the Sponsor or to impose any liability attributable to such a relationship upon either party. Neither you nor the Sponsor will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

Export Controls

You may not export or re-export any Content received from the Site except in full compliance with all USA laws and regulations, including, without limitation, the USA Export Administration Laws and Regulations. Use contrary to those laws is prohibited. Access to or use of the Site from countries sanctioned by the USA is strictly prohibited. The Content acquired through the use of the Site may not be acquired for or shipped, transferred, exported or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or residents. You are responsible for complying with any local laws in your country that may impact your right to import, export or use the Content found on the Site.

Severability and Integration

Unless otherwise expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between you and the Sponsor with respect to the Site. No parol evidence, course of dealing, conduct, performance or usage of the trade will be relevant to supplement, modify, amend or explain these Terms of Use.

Registered User Responsibility. Certain locations on the Site may allow and/or require you to register as a user (a “Registered User”) and may only permit access and use of such locations as a Registered User with a valid password (the “Registered User Locations”). It is your responsibility to maintain the control and confidentiality of your password(s). You will not disclose your password(s) to anyone outside your organization, and you will only disclose your password(s) to persons inside your organization who have a need to know. You must prevent the unauthorized use of your password(s). Any breach of these Terms of Use by anyone to whom you disclose your password(s) will be treated as if the breach had been committed by you and will not relieve you of your obligations under these Terms of Use. You agree to notify the Sponsor immediately if you determine that an unauthorized party has gained access to your password(s) or if the person previously authorized by you to use the password(s) is no longer authorized for any reason, including, without limitation, termination of employment. You will cease use of and delete the password(s) from your records upon the termination of your participation as a Registered User of a password-protected Registered User Location. You will be liable for all access to and/or use of the Site using your password(s), whether authorized or unauthorized, until 1) the Sponsor has received notice from you to terminate your status as a Registered User or the Sponsor has otherwise terminated your status as a Registered User as provided in the Termination; Access Restriction section below or 2) the Sponsor has received notice from you to terminate your password(s) for any reason. Notice to terminate password(s) is to be made by contacting the Sponsor via telephone or e-mail at the telephone number or e-mail address specified on the applicable Registered User Location or, if no such telephone number or e-mail address is specified, by contacting the Sponsor in accordance with the Contact Information section below. Notice to terminate your status as a Registered User is to be made in accordance with the Termination; Access Restriction section. Any notice delivered by telephone will be deemed received upon actual voice transmission if received in real time or upon message retrieval by the Sponsor if recorded. Any notice delivered by e-mail will be deemed delivered upon the verification of a successful transmission as evidenced by a “proof of read receipt.”

Upon any failure or error in the operation of the password(s), you must cease using the password(s), immediately exit the Site and notify the Sponsor of the failure or error in the operation of the password(s).

You will promptly notify the Sponsor of any changes to your registration information.

As a Registered User, you agree to receive notices, disclosures, invoices, terms and conditions, communications, MSDS and any other documentation (“Communications”) electronically. The Sponsor may send Communications by e-mail or by posting notices on the Registered User Location. You agree 1) that all Communications provided electronically satisfy any legal requirement that such communications be in writing and 2) to be bound by any affirmation, assent or agreement you may transmit through the Site.

You shall have no right to transfer, assign or sublicense any rights you may have as a Registered User.

User Submissions. You are responsible for all Materials you place on or transmit to, or through, the Site. You agree, represent and warrant that all Materials are truthful, accurate, noninfringing, not misleading and offered in good faith and that you have the right to post or transmit the Materials. You are responsible for checking the completeness, correctness, accuracy, adequacy, usefulness, timeliness, currency and/or suitability of all Materials.

You are not to transmit any Materials to or through the Site that you consider to be confidential or proprietary. All Materials will be considered nonconfidential and nonproprietary. Subject to the Privacy Policy for the Site, which is incorporated into these Terms of Use (the most current version of the Privacy Policy can be reviewed by clicking on the “Privacy Policy” hypertext link located at the bottom of the web pages on the Site), the Sponsor and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Materials for any and all commercial or noncommercial purposes. Except as expressly provided in the Site’s Privacy Policy, you hereby grant the Sponsor and its designees an unrestricted, irrevocable, worldwide, royalty-free license to copy, disclose, distribute, incorporate and otherwise use the Materials for any and all commercial or noncommercial purposes. You may not post profane, obscene, threatening, defamatory or demeaning statements on the Site.

Termination; Access Restriction
You may cancel your participation as a Registered User at any time by completing the “Cancel My Account,” “Unsubscribe” or a similar form which can be accessed by clicking on the hypertext link located at the bottom of the web pages on the Registered User Locations or, if no such hypertext link is available, by contacting the Sponsor in accordance with the Contact Information section. By canceling your account, you may lose access to, and use of, the Registered User Location. The Sponsor may terminate the operation of the Site or any portion of the Site, or suspend or terminate your access to and use of the Site or any portion of the Site, including, without limitation, any or all Registered User Locations, at any time, with or without cause, with or without notice. UPON ANY SUCH SUSPENSION OR TERMINATION BY THE SPONSOR OR TERMINATION BY YOU OF YOUR PARTICIPATION AS A REGISTERED USER, YOUR RIGHT TO USE THE SITE OR THE REGISTERED USER LOCATION (AS APPLICABLE) MAY IMMEDIATELY CEASE AND ANY INFORMATION YOU HAVE STORED ON THE SITE MAY BE IRRETRIEVABLE. UPON SUCH A SUSPENSION OR TERMINATION, THE SPONSOR RESERVES THE RIGHT (BUT NOT THE OBLIGATION) IN ITS SOLE DISCRETION TO DELETE ANY MATERIALS YOU HAVE STORED ON THE SITE OR DATA THE SPONSOR HAS COLLECTED ABOUT YOU USING THE SITE.

Contact Information

Unless otherwise expressly set forth in these Terms of Use, all communications required to be made or which may be made under these Terms of Use, as well as any questions you have concerning these Terms of Use or the Site, are to be made to the Sponsor by contacting Ashland Communications and Corporate Affairs at 50 E. RiverCenter Blvd., P.O. Box 391, Covington, KY 41012-0391, at (859) 815-3333 or by e-mail by clicking here.

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