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Teknor Apex Company Website Terms and Conditions

Teknor Apex Company and its subsidiaries and affiliated entities (“Teknor Apex”) offers this website on the following terms and conditions (“Terms”). Your use of this website constitutes your agreement to these Terms without modification. You further agree to review these Terms and abide by them if you choose to use the site, pages or services to which they apply. You also agree that you will use this website solely for the purposes of doing business with Teknor Apex, and that that you will not use the Teknor Apex site or its contents for any purpose that competes with Teknor Apex, or is unlawful or prohibited by these Terms. Material from this website may not be copied or distributed, or republished, uploaded, posted, or transmitted in any way, without the prior written consent of Teknor Apex, except that you may download one copy of the material on one computer for use in doing business with Teknor Apex, provided you do not delete or change any copyright, trademark or other proprietary notices. Teknor Apex intends to take aggressive legal action against those who have participated directly or indirectly in unauthorized use of its website or its contents. Anyone having information concerning any such unauthorized use is urged to contact Teknor Apex Company.

 

YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. NEITHER TEKNOR APEX COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE COMPLETENESS, ACCURACY, RELIABILITY OR CONTENT OF THIS OR ANY OTHER WEBSITE OR OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THIS OR ANY OTHER WEBSITE. NOTHING CONTAINED IN THIS WEBSITE IS TO BE CONSTRUED AS A RECOMMENDATION TO USE ANY PRODUCT, PROCESS, EQUIPMENT OR FORMULATION IN CONFLICT WITH ANY PATENT OR OTHERWISE, AND TEKNOR APEX MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, ABOUT WHETHER ANYTHING DISCLOSED OR CONTAINED IN THIS WEBSITE INFRINGES ON THE PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY.

 

THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TEKNOR APEX EXPRESSLY DISCLAIMS LIABILITY FOR CLAIMS, DAMAGES OR INJURY OF ANY KIND, INCLUDING WITHOUT LIMITATION, FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND LOST PROFITS.

 

The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. You also agree that Teknor Apex’s and its Affiliates’ total liability to you for all losses, damages, and causes of action in contract, tort (including without limitation, negligence), or otherwise will not exceed the amount you paid to access this site or $100 (One Hundred Dollars), whichever is less.

 

You hereby agree to indemnify, defend and hold Teknor Apex, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, “Affiliates” or the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim, demand or cause of action (“Claim”) arising out of any breach by you of these Terms or the foregoing agreements, representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any Claim. Teknor Apex reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Teknor Apex Company.

 

Submissions

DO NOT SEND US ANY CONFIDENTIAL INFORMATION. Any comment, materials or other communications sent to Teknor Apex, including but not limited to feedback, data, questions, comments, suggestions, graphics, samples, technical data and specifications (collectively “Information”), shall be deemed to be non-confidential and owned by Teknor Apex. Teknor Apex shall have no obligation of any kind with respect to such Information and shall be free to reproduce, use, practice, disclose, exhibit, display, transform, create derivative works from and distribute the Information without limitation and without payment, compensation or liability to you or any other person. Further, Teknor Apex shall be free to use without payment, compensation or liability, any inventions, ideas, concepts, know-how or techniques contained in such Information, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Information. You acknowledge that you, not Teknor Apex, have full responsibility for whatever you submit to us, including its legality, reliability, appropriateness, originality, copyright, and Teknor Apex’s right to Information in any submission. If you need to submit Information you want treated confidentially, contact us before submitting the Information to obtain our written agreement to treat the Information confidentially. You agree that in the absence of a written agreement signed by an officer of Teknor Apex, all Information you communicate to us is not confidential and is subject to the provisions in the second through fourth sentences of this paragraph.

 

Jurisdication

Except as described otherwise, all materials in the Teknor Apex site are made available only to provide information about Teknor Apex. Teknor Apex controls and operates this site from its headquarters in Pawtucket, Rhode Island, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this site from other locations, you are responsible for compliance with applicable local laws. Some software from this site may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo, including without limitation, Afghanistan, Cuba, Iran, Iraq, Libya, North Korea, Syria or Yugoslavia; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use any software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

 

Links

Teknor Apex makes no representations whatsoever about any other website which you may access through this one. When you access a non-Teknor Apex website, you agree that Teknor Apex has no control over the content of that website, and that a link to a non-Teknor Apex website does not mean that Teknor Apex endorses or accepts any responsibility for the content, or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of defects such as viruses, worms, Trojan horses and other applets and software of a damaging or destructive nature.

 

Miscellaneous

These Terms are governed by the laws of the State of Rhode Island, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the State and Federal Courts located in Pawtucket, Rhode Island, USA in all disputes arising out of or relating to the use of these terms and this website. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Teknor Apex, as a result of this agreement or use of this website.Teknor Apex’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Teknor Apex right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Teknor Apex with respect to such use.

 

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. These Terms constitute the entire agreement between the user and Teknor Apex, with respect to the subject matter of these Terms, including this website, and these Terms supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, and subsequent unwritten communication unsigned by Teknor Apex, between the user and Teknor Apex, with respect to the subject matter of these Terms and this website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Any rights not expressly granted herein are reserved. Teknor Apex reserves the right to change these Terms, conditions, and notices under which this website is offered by updating this posting. Teknor Apex’s products and services are available in many parts of the world; however, the Teknor Apex site may describe products and services that are not available worldwide, and the presence on this website is not, and should not be construed as, an offer to sell or do business throughout the world.

 

Controlled Access Imposes Greater Obligations on You

If you receive a password to access certain areas of this website that are restricted to users issued a password (Controlled Access), you agree that the password and any Controlled Access Information is confidential and proprietary to Teknor Apex (Confidential Information). You will maintain in confidence, using the degree of care that you use in safeguarding your own personal information, but no less than a reasonable degree of care, for a period of five (5) years from and after the date you last access the Confidential Information, the Confidential Information made available to you through Controlled Access. You shall not permit the disclosure of same to any third party; except when, after and to the extent such Confidential Information: (1) was already known to you prior to your access to same hereunder; or (2) becomes publicly known through disclosure by Teknor Apex or a third party through no improper disclosure by you.

 

Copyright, Trademark, and Patent Information

Unless otherwise identified, all trademarks set forth on this website are the properties of Teknor Apex Company. All contents of this website including text and graphics are: Copyright 2014 Teknor Apex Company. All rights reserved and are the property of Teknor Apex, Company. Nothing contained in this website shall constitute an express or implied license to use, import, export, practice, transfer, sell or reverse engineer any intellectual property. Unauthorized use of any contents of this website, including inventions, technology, text, logos, pictures, names, works protected under copyright law, databases and specifications is prohibited by law.