TERMS OF USE
Last modified on: October 10, 2011
The following terms and conditions of use apply to all visitors to and users of the Plaskolite website www.plaskolite.com (the "Website"). By continuing to browse or use this Website, you are agreeing to comply
with and be bound by the following terms and conditions of use, as they may be modified by us at any time and posted on this Website (the "Terms of Use"). If you do not accept these Terms of Use, do not browse or use this Website. The Terms of Use
constitute a legal agreement.
The terms "Plaskolite," "we," "us," and "our" refer to Plaskolite, Inc. and its corporate affiliates. The terms "you" and "your" refer to the visitor to or user of our Website and, if the visitor or user is
accessing or using the Website in his or her capacity as an employee or authorized representative of a company, then the terms "you" and "your" also refer to such company.
1. Acceptance of Modifications to Terms of Use
We reserve the
right, at our discretion, to update, revise, add to, remove from or otherwise modify these Terms of Use. Any modifications shall be effective immediately upon posting on the Website. Please check the Terms of Use periodically for modifications. Your
use of this Website following the posting of any modifications to the Terms of Use constitutes your acceptance of those modifications.
2. Conditions and Restrictions on Use
In your access and use of the Website, you agree to comply
with all procedures, rules and policies established by us and all applicable federal, state, and local laws and regulations.
This Website and all of its materials, including, but not limited to, its software, HTML code, scripts, text, artwork,
photographs, images, video, and audio, and including the brochures, catalogues, certifications, manuals, data sheets, sell sheets, and product images available at the Website (collectively, "Materials") are protected by copyright laws and other U.S.
and international laws and treaties. No right, title or interest in our Materials is conveyed to you.
All Materials are provided by us as a service to visitors to and users of this Website and may be used only for those informational purposes
for which they are provided and then only if you also retain all copyright and other proprietary notices contained on the Materials. This is a limited license, not a transfer of title, to our Materials, and such license and your use of the Website
are subject to the following restrictions: (i) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website or any of its Materials without
our prior written permission; (ii) you may not access or use the Materials or this Website in any manner that is competitive with us or in any manner that violates any applicable federal, state or local laws or regulations; and (iii) you may not permit
any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display or other use of the Materials or this Website is prohibited. We may revoke this limited license at any time for any or no reason.
All rights not expressly granted are reserved by us.
Without limiting the generality of the foregoing, you acknowledge and agree that certain content and features available through and used to operate this Website are protected by copyright,
trademark, patent, or other proprietary rights, by us and/or our affiliates, licensors and service providers. You agree not to modify, alter, or deface any of the trademarks, service marks or other intellectual property we make available in connection
with this Website, including the Materials.
You further agree not to (i) use any data mining, robots, or similar data gathering or extraction methods in connection with this Website or the Materials; or (ii) attempt to gain unauthorized
access to any portion of this Website or the Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining or any other means.
We may terminate, change, suspend or discontinue
any aspect of this Website, including the availability of any features of the Website, at any time and without notice.
We may terminate your access to or use of this Website at any time, for any reason or no reason and without prior notice
to you.
In the event of a violation of these Terms of Use, we reserve the right to seek all remedies available at law and in equity.
3. Trademarks
We retain all rights regarding our trademarks, trade names, brand names,
logos and trade dress. These marks, names, logos, trade dress and associated images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such marks, names, logos or trade
dress is granted to you under these Terms of Use or by your use of this Website. Your misuse of the trademarks, trade names, brand names, logos and trade dress displayed on this Website is strictly prohibited.
4. Unsolicited Idea Submission
Although through the use of certain areas or features of the Website a user could provide an unsolicited idea, do not send us ideas about new products, manufacturing processes, product improvements or new services. In order to avoid potential misunderstandings
or disputes when our products, processes, improvements or services might seem similar to ideas submitted to us, we adhere to a strict policy of not accepting them. We do not accept or consider such unsolicited ideas through the Website, including:
ideas for new or improved products, services, technologies, processes, techniques, methods, systems, designs, plans, or concepts; or ideas for product enhancements, product names or marketing plans.
Please do not send through the Website,
or describe at any area or feature of the Website permitting textual input or responses, any suggestions, ideas, know-how, concepts, techniques, procedures, methods, designs, plans, formulas or other materials. If, despite our request that you not
send or otherwise provide us these, you still send or provide them, then, regardless of what your transmission says or what you describe in an area where text may be provided, such submissions will not be considered confidential or proprietary to
you. In addition, we will have no obligations with respect to such submissions and may use, distribute and otherwise exploit them in any manner and for any purpose (including for our commercial purposes) that we deem appropriate, in our sole discretion.
5. Samples
Through the use of certain areas or features of the Website, arrangements to obtain samples may be facilitated. In addition to other terms and conditions that may apply to samples, we reserve the right to:
- Deny competitors' requests for samples
- Deny repeated requests for samples
- Reduce quantity of requested samples
- Charge for requests that include more than one sample (cost of samples and shipping charges)
- Charge for production and shipping of custom samples
6. Privacy Policy
Personal information collected by us through the Website is subject to the Website's Privacy Policy.
7. Links to Third Party Sites
This Website may include links to other websites, which are not under our control. We are not responsible for (i) the content or information at any linked websites or any other linked websites contained in
such linked websites, (ii) any changes or updates to the content or information contained in linked websites, (iii) the privacy policies of any linked websites, or (iv) the security of any linked websites. We provide the linked websites to you only
as a convenience, and the inclusion of any such links on the Website does not imply our endorsement of the linked websites, the organizations operating such websites, or any products or services of those organizations. Access to these linked websites
is at your own risk. We have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any use of or reliance on any such content or the goods or
services available on or through any such websites.
8. Linking to this Website
You may not frame or mirror any part of this Website. Any website that links to this Website shall not imply that we endorse such website or any products
or services available through such website.
9. Disclaimers
THIS WEBSITE AND THE INFORMATION, MATERIALS AND ANY CONTENT CONTAINED HEREIN AND ACCESS TO THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING, WE AND OUR AFFILIATES, SUBSIDIARIES, AGENTS AND THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, DIRECTORS, OFFICERS, AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES,
INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING AVAILABILITY, ACCURACY, INTEGRATION, APPROPRIATENESS, SUITABILITY, RELIABILITY, COMPLETENESS, TIMELINESS OR USEFULNESS, ARISING FROM TRADE USAGE OR COURSE OF DEALING OR COURSE OF PERFORMANCE
OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, MATERIALS AND CONTENT THEREON, AND THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THEM; (ii) ANY WARRANTY THAT THIS WEBSITE WILL BE SECURE, UNINTERRUPTED, NOT DELAYED OR SUSPENDED,
UNCHANGED OR ERROR FREE; AND (iii) THE IMPLIED WARRANTIES OF QUIET ENJOYMENT, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INFORMATIONAL CONTENT, NON-INTERFERENCE AND NON-INFRINGEMENT. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
You acknowledge that the information and Materials at, or available from, the Website may contain inaccuracies or errors.
All features,
specifications, products, and prices of products and services described on this Website or in the Materials are subject to change at any time, without notice. From time to time, there may be information on this Website or in the Materials that
contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. We make no representations as to the completeness, accuracy or currency of any information on this Website or in the
Materials. We reserve the right to make changes in information about price, description or availability without notice. We cannot guarantee that this Website and/or your computer will accurately display the colors of our products.
Images on the Website are for representational purposes only and may not portray actual products. The inclusion of any products or services on this Website, or in the Materials, does not imply or warrant that these products or services will
be available at any particular time.
10. Limitations of Liability
YOUR USE OF THIS WEBSITE, AND/OR THE MATERIALS, IS AT YOUR OWN RISK. NEITHER WE, NOR ANY OF THE ENTITIES INVOLVED IN CREATING, PRODUCING, PROVIDING OR DELIVERING
THIS WEBSITE OR THE MATERIALS, ARE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND, INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS, OR LOST PROFITS
OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, OR LOSS OF DATA, EVEN IF ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, (i) THROUGH
ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR (ii) THROUGH YOUR DOWNLOADING OF, OR USE OF, ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS WEBSITE (OR ANY OTHER LINKED WEBSITE), INCLUDING BUT NOT LIMITED TO ANY HARM CAUSED BY ANY VIRUSES,
BUGS, HUMAN ACTION OR INACTION OR ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. Some jurisdictions do not allow the exclusion
or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
11. International Issues
We make no representations that the Materials contained within or available from this Website
are appropriate for locations outside the United States. If you use this Website from locations outside the United States, you are responsible for compliance with any and all applicable local laws, including but not limited to all export and
import regulations and laws.
12. Governing Law and Venue
These Terms of Use shall be governed by the laws of the State of Ohio, USA, without regard to its conflicts of laws principles. You agree that any action at law or in equity
arising out of or relating to the Website, these Terms of Use or the Materials shall be filed exclusively in the state or federal courts located in Franklin County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts.
We administer the Website from facilities within the State of Ohio.
If any term or provision of these Terms of Use is invalid or unenforceable, the remainder of these Terms of Use shall be unaffected and remain in full force and effect.