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.
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.
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.
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.
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
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.
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.