TERMS
OF USE
PLEASE READ THESE
TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE
This Web page details
the terms of a legal agreement (the "Terms of Use") between you and ASHTA Chemicals
Inc. (the "Company"). By accessing this web site you acknowledge that you have
read and understood the Terms of Use and, having read and understood the Terms
of Use, you voluntarily agree to be bound by the Terms of Use. You also agree
to comply with all laws and regulations applicable to the use of the web site,
to the use of the Internet, and to the activities involved in using this web
site.
If you do not agree
with the Terms of Use, then do not use this web site.
Site:
This web site is
controlled by the Company from its offices within Ohio. The Company complies
with all laws of Ohio applicable to this web site and to the Internet. Visitors
who choose to visit this web site from other jurisdictions do so on their own
initiative. Those visitors are solely responsible for compliance with their
local laws.
Venue and Jurisdiction:
Claims relating
to this web site, to the use of this web site, and to the information, content,
material, and services available through this web site are governed by the laws
of Ohio. You hereby unconditionally, voluntarily, and irrevocably consent to
submit to the exclusive jurisdiction of Ohio for any litigation concerning this
web site, your use of this web site and any information received through this
web site. You agree not to plead forum non conveniens in any such action. You
consent to service of process.
Privacy:
To know what privacy
measures the Company has taken and what information we retain from your visit
to the Company's web site, please read our web site Privacy
Statement, which is incorporated here by reference.
Change of Terms:
The Terms of Use
may be changed without notice. Your continued use of this web site after the
Terms of Use are changed indicates your acceptance of the new Terms of Use.
If you do not agree with the new Terms of Use, then discontinue your use of
this web site.
Alteration of
Site:
The Company may
change, suspend or discontinue any feature, aspect, product or service available
through this web site at any time. The Company may alter the availability of
any feature of this web site or service related to any feature of this web site
at any time. The Company may add, remove or modify any content of this web site,
including that of third parties, at any time.
Limitation on
Usage:
The Company may
limit your access to any part of this web site without notice to you. The Company
may terminate your use of its web site at any time.
Visitor On-line
Conduct:
You agree to use
this web site only for lawful purposes.
You agree to use
this web site only for its intended purposes.
The Company reserves
the right to prohibit any conduct involving this web site that it deems to be
inappropriate.
You agree not to
disrupt this web site.
You agree not to
interfere with or compromise the security of this web site, or any computer,
server, account, network, data, software and/or hardware associated with this
web site.
You agree not to
disrupt or interfere with any other visitor's use of this web site.
You agree not to
attempt to obtain access to any portion of this web site, any computer, server,
account, network, software and/or hardware associated with the web site, from
which you are restricted.
You agree that
you are solely responsible for any actions you undertake while visiting this
web site and that you will comply with all applicable local, state, national
and international laws and regulations applicable too this web site and the
Internet, including United States copyright and export regulations.
You warrant that
all information you provide to gain access to the services provided by this
web site is accurate and truthful.
Links To and
From Other Web Pages:
You may gain access
to other web sites via links on this web site. These Terms of Use apply to the
Company's web site and do not apply to other parties' web sites. Similarly,
you may have come to this web site via a link from another web site. The terms
of use of other web sites do not apply to this web site. Only these Terms of
Use apply to this Web site. The Company assumes no responsibility for any terms
of use or material outside this web site accessed via any link.
Links to third
party web sites or information are not intended, and should not be interpreted
by readers, as constituting or implying the Company's endorsement, sponsorship
or recommendation of the third party information, products or services found
there.
Copyright, Trademark
and Intellectual Property:
All information,
content and material ("Content") made available by the Company through this
web site is owned by or licensed to the Company. The Company and its licensors
retain all rights in this Content.
All Content, including,
but not limited to the web site design, text, drawings, photographs, graphics,
sound recordings and video recordings are protected by copyrights owned by the
Company and its licensors. The Content and any and all such copyrighted material
may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted
or sold in any form or by any means, in whole or in part, without the prior
written consent of the respective copyright owner.
The Company grants
you permission to display, copy, distribute, print and/or download, the Content
on this web site for your personal, non-commercial use only. If you display,
copy, distribute, print and/or download the Content on this web site, then you
may not modify that Content and you must retain all copyright and other proprietary
notices contained in the Content. The permission granted herein terminates automatically
if you breach these terms or conditions. Upon termination of the permission,
you must immediately destroy any Content you displayed, copied, distributed,
printed and/or downloaded.
The Ashta Logo,
ASHTA Gold, and www.ashtachemicals.com are either registered trademarks,
trademarks, trade names, service marks, or otherwise protected property of the
Company and may not be used, copied or imitated without the prior written consent
of the Company. The Company's intellectual property may not be used in connection
with any service or information that is not the Company's. The Company's intellectual
property may not be used in any manner that is likely to cause confusion among
consumers or in any manner that disparages the Company. Other trademarks, trade
names, company names, service marks and otherwise protected property displayed
on this web site are the property of their respective owners and are subject
to the terms and conditions applied by those owners to their intellectual property.
The compilation of the Content on this web site is the exclusive property of
the Company and is protected by U.S. and International Copyright Law.
You may not mirror
any Content contained in this web site on any other web site or server.
Digital Millenium
Copyright Act, Transmission of Third Party Content:
You may not upload,
post or otherwise distribute on this web site anything protected by copyright
or other proprietary rights unless the owner of the applicable copyright or
proprietary right has given you express authorization for such uploading, posting
or distribution on the web.
Anything for which
permission has been granted to upload, post or otherwise distribute must contain
the notice "Copyright, 2000, Ashta Chemicals Inc. Used by express permission."
The unauthorized
use, uploading, posting, and/or distribution of Content protected by copyright
or other proprietary rights is illegal and subjects the malfeasant to civil
penalties and criminal prosecution.
The Company, its
affiliates, officers directors, employees, agents or any such similarly situated
persons or entities are not liable for damages resulting from any infringement
resulting from your actions involving copyrighted or proprietary right protected
material.
If you believe
that your work has been copied and is accessible on the Company's web site in
a way that constitutes infringement, you may notify the Company by providing the following information:
(1) An electronic
or physical signature of the person authorized to act on behalf of the owner
of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed,
including the URL (i.e. web page address) of the location where the copyrighted
work exists or a copy of the copyrighted work;
(3) Identification of the URL or other specific location on the Company's
web site where the material that you claim is infringing is located;
(4) Your address, telephone number and e-mail address;
(5) A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
(6) A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or are authorized to act on the copyright owner's behalf.
ASHTA Chemicals Inc., 3509 Middle
Road, P.O. Box 858, Ashtabula, Ohio 44005-0858.
You are prohibited
from uploading, posting or otherwise distributing on this web site any unlawful,
threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous
comments, jokes, images or content that are intended to or are likely to offend
a reasonable person on the basis of his or her age, physical or mental disability,
gender, race, religion, national origin, physical attributes, sexual preference,
or any other classification that could produce any civil or criminal liability
for either yourself or for the Company, its affiliates, employees, agents or
any such similarly situated persons or entities.
Ownership of
Third Party Content:
The Company may
display Content supplied by visitors and other third parties on its web site.
The Company contains no editorial control over this Content. The Content supplied
by visitors and other third parties belongs to the respective owners of that
Content.
THE COMPANY, ITS
AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES
("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE
OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT
THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED
BY VISITORS OR THIRD PARTIES.
We shall not, under
any circumstances, be liable for any loss, damage or harm caused by your or
anyone else's reliance on Content available on this web site that is the property
of visitors or third parties. You are solely responsible for evaluating and
acting on any Content available on this web site.
DISCLAIMERS:
THIS WEB SITE IS
PROVIDED "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS
WEB SITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH
THIS WEB SITE.
YOU AGREE TO VISIT
THIS WEB SITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEB SITE,
AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEB SITE
SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT
THAT THIS WEB SITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL
BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE
ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH
THIS WEB SITE ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS,
TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND
IMPLIED WARRANTIES OR MERCHANTABILITY.
LIMITATION OF
LIABILITY:
THE COMPANY WILL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE
USE OF THIS WEB SITE.
NEITHER WE, NOR
ANY OTHER PARTY INVOLVED IN CREATED, PRODUCING, SERVING, HOSTING, MAINTAINING
AND/OR UPDATING THIS WEB SITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY
DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND/OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION
OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES,
AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TOO USE THIS WEB SITE,
RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE,
HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE
OR YOUR OWN ERRORS AND/OR OMISSIONS, AND ANY OTHER CAUSE, EVEN IF THE COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION
APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEB SITE.
IN ANY JURISDICTION
WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED,
THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
No Joint Venture:
This Agreement
provides only for the use of this web site. This Agreement shall not be construed
as a teaming, joint venture, or other such arrangement, unless the parties expressly
and explicitly execute an agreement to that effect.
Indemnity:
You agree to indemnify
the Company for any damages, losses, costs, or expenses that the Company may
incur as a result of your use of this web site. You also agree to indemnify
the Company from any damages, losses, costs or expenses that the Company may
incur as a result of your providing inaccurate or untruthful information to
gain access to the services provided through this web site.
Hold Harmless:
You agree to hold
the Company harmless for any damages, losses, costs, or expenses that you may
incur as a result of your use of this web site or your use of the Content, information
and/or services available through this web site.
Severability:
If any provision
of these Terms of Use is held invalid or unenforceable in whole or in part in
any jurisdiction, that provision shall be ineffective in that jurisdiction without
affecting the validity of enforceability of the remaining provisions of these
Terms of Use.
Integration
Clause:
You hereby acknowledge
that these Terms of Use, including all documents referenced herein, represent
the entire understanding between you and the Company concerning your use of
this web site, and the Content, information and services available on this web
site.
Survivability:
All representations
and warranties made by you shall survive termination of the Terms of Use.
Headings of
the Terms of Use:
The section headings
used in this Terms of Use are for reference and the convenience of the readers
and shall not constitute part of the Terms of Use for interpretation purposes.