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 laws and are the property of Nexeo, its affiliates and/or its licensors. All trademarks, service marks and trade names on the Site (collectively, the “Marks”) are proprietary to Nexeo, its affiliates and/or its licensors.
You are granted no license or other rights to such Marks, Content or copyrights, 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 Marks obtained from the Site 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.
Forward-Looking Statements.Web pages on this Site may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Words such as “anticipates,” “believes,” “estimates,” “expects,” “is likely,” “predicts” and variations of such words and similar expressions are intended to identify such forward-looking statements. These statements are based on management’s expectations, projections and estimates about Nexeo’s operations and performance, including internal forecasts and analyses of current and future market conditions and trends, management plans and strategies, operating efficiencies and economic conditions (such as prices, supply and demand, and costs of raw materials), weather, and legal proceedings and claims (including environmental and asbestos matters). Although Nexeo believes that its expectations are based on reasonable assumptions, it cannot assure that the expectations contained in such statements will be achieved. Important risks and uncertainties could cause actual results to differ materially from those contained in any forward-looking statement. All forward-looking statements contained on the Site are based on management’s expectations as of the date the statements were made. Nexeo is not obligated to subsequently update or revise any forward-looking statements contained on the Site.
Hyperlinks and Frames.The Site may contain links to other websites on the Internet (“External Sites”). Nexeo 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 Nexeo. The External Sites are provided only for your convenience, and you access the External Sites at your own risk. Links do not imply that Nexeo sponsors, endorses or is associated in any way with the External Sites. Links do not imply that Nexeo has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials 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 Nexeo.
Disclaimer, Limitation of Liability, Release.Although Nexeo 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 Nexeo 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. Nexeomakes 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. Nexeo 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 Nexeo’s or any user’s processing environment (collectively “Harmful Elements”).
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEXEO 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. NEXEO 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. NEXEO 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 NEXEO 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 NEXEO 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 NEXEO’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 NEXEO, ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS AND CONTRACTORS 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 Nexeo ’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.
Nexeo 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 Nexeo and Products and to facilitate the sale of Products. This 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 . Nexeo does not imply or represent or warrant that the Site or the Content is designed or appropriate for use outside of the USA, and Nexeo 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 or Products acquired using 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. If you resell Products, it is your responsibility to ensure compliance with the USA export law. Access to or use of the Site from countries sanctioned by the USA is strictly prohibited. Neither the Products nor the Content acquired through the use of the Site may be acquired for or shipped, transferred, exported or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or residents, nor may such Products or Content be used for nuclear activities, missile projects or chemical or biological weapons, unless specifically authorized by the USA government for such purposes, or for terrorist activities. You are responsible for complying with any local laws in your country that may impact your right to import, export or use the Products that may be acquired through the Site or 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 Nexeo of the failure or error in the operation of the password(s).
You will promptly notify Nexeo 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. Nexeo 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 Nexeo in accordance with the Contact Information section. By canceling your account, you may lose access to, and use of, the Registered User Location. Nexeo 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 NEXEO 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, NEXEO RESERVES THE RIGHT (BUT NOT THE OBLIGATION) IN ITS SOLE DISCRETION TO DELETE ANY MATERIALS YOU HAVE STORED ON THE SITE OR DATA NEXEO HAS COLLECTED ABOUT YOU USING THE SITE.
The Woodlands, TX 77380 or by e-mail by clicking here – www.nexeosolutions.com/