The Euclid Chemical Company Terms of Use
The Euclid Chemical Company maintains this website located
at www.increte.com and its associated websites, webpages,
content and other materials (collectively the "Site") to provide to
you information about The Euclid Chemical Company, its industry and
products. Your access to and use of the Site is subject
to these Terms of Use and our Privacy Policy found at www.increte.com and all
applicable laws. By accessing the Site, you accept,
without limitation or qualification, these Terms of Use and our
Privacy Policy. You should review the most current version of
the Terms of Use and the Privacy Policy often as they may be
modified from time to time and the terms, as modified, will govern
your use of the Site. All changes are effective
immediately when we post them, and apply to all access to and use
of the Site thereafter and your continued use of the Site
after we make changes is deemed to be acceptance of those changes.
Any new features that augment or enhance the Site also will be
subject to these Terms of Use and Privacy Policy.
1. Generally
You are free to browse the Site, to access company periodic
e-newsletters, technical libraries, view product catalog(s), submit
questions, participate in any contests, promotions, surveys or
other services and view any other information contained on the
site. This and all other company-approved material
available on the Site is referred to as "Licensed
Content." You may view and print portions of the
Licensed Content for your own internal use but not for resale or
other commercial exploitation and not for use other than as
provided in these Terms of Use and the Privacy
Policy. Any other use of Licensed Content without The
Euclid Chemical Company's prior written approval is strictly
prohibited.
2. Product Information
While The Euclid Chemical Company uses commercially reasonable
efforts to provide accurate information, the industries of which
The Euclid Chemical Company is a part and the jurisdictions in
which the company operates and the laws and regulations applicable
to those industries and jurisdictions change
frequently. Therefore information contained on the Site
may not be current or accurate. Because many factors go into
the decision-making process of purchasing a given product and
everyone's particular circumstances and needs may differ, the
Licensed Content is provided for informational purposes
only. The Euclid Chemical Company cannot ensure or
guarantee and does not warrant that your product selection will be
accurate, meet your particular needs or requirements or that the
recommendations, regulations or other information provided is
complete, accurate or current for your specific needs (see our
disclaimer of warranties in Section 10 below). Each
claim or statement about the effectiveness of The Euclid Chemical
Company products and/or claims or statements comparing the
effectiveness of The Euclid Chemical Company products to that of
others is expressly limited to the country of applicability as
referenced on the site and if no country is referred, the United
States, unless otherwise stated on the Site. If a product or sample
offered by The Euclid Chemical Company through the Site is not as
described, your sole remedy is to return it in its original, unused
form and receive either a replacement of the product you purchased
or a refund of the price you actually paid. Product
description and pricing is subject to correction and
change. The Euclid Chemical Company may refuse or cancel
product orders placed at an incorrect price, or based upon
erroneous promotion terms, whether or not the order has been
confirmed. Sales made through the Site, if any, are governed
by The Euclid Chemical Company Standard Terms and Conditions of
Sale and/or Invoice-Terms and Conditions.
3. User Conduct
Obscene or abusive language, harassment, threats, or abuse of
any nature or form on the Site, including via e-mail, post or other
transmission is strictly prohibited. Impersonation of
others or misrepresenting your affiliation with The Euclid Chemical
Company or another is prohibited. You may not upload to,
distribute or otherwise publish through the Site any material that
is defamatory, vulgar, obscene, threatening, libelous, invasive of
another's privacy or publicity rights, hateful, racially or
ethnically objectionable or which may constitute or encourage a
criminal offense, violate any law or another's rights or otherwise
give rise to liability.
You agree not to forge headers or otherwise manipulate
identifiers in order to disguise the origin of anything transmitted
through the Site, disclose proprietary or confidential information
or otherwise infringe another's patent, trademark, trade secret,
copyright or other proprietary right ("Rights"). You may
not upload commercial material to the Site, use the Site to solicit
others, advertise or promote anything.
Any attempt to interfere with or disrupt the Site, its servers,
networks, Software, equipment or database connected to the Site,
whether via malicious code, files or other means, or attempts to
disassemble, reverse engineer or decompile any Software, circumvent
security features such as passwords, or take any action that
compromises the privacy or security of the Site, users or other
visitors is strictly prohibited.
You are responsible for your Communications and your activities
on the Site. Under no circumstances is or will The
Euclid Chemical Company be liable in any way for any
Communications, your or another's use of the Site or any Licensed
Content, including but not limited to any errors or omissions in
any Licensed Content, or for loss or damage of any kind incurred as
a result of the use of any Licensed Content via the Site.
4. Indemnity
You agree to indemnify, defend, release and hold The Euclid
Chemical Company its officers, directors, suppliers, service
providers, co-branders or other partners, agents and employees,
harmless from all claims, demands, damages, fees and costs of any
nature, including reasonable fees of attorneys' and other
professionals, due to or arising out of anything you submit or
transmit through the Site, your use of the Site, your connection to
the Site, your violation of these Terms of Use or your violation of
any Rights. In the event you provide resale certificate, tax or
other information that is untrue, inaccurate, fraudulent, or out of
date, you agree to indemnify The Euclid Chemical Company for and
hold it harmless from and against any and all liability, damages,
loss or expense (including reasonable fees of attorneys and other
professionals) it may incur, including but not limited to loss of
business profits, taxes, penalties or sanctions, interest, fees,
costs and expenses of any nature arising from or related to any
claim, demand, action or proceeding alleged or initiated against
The Euclid Chemical Company by any third party based upon the
information you provide or your use of the Site.
5. Modifications to Site
From time to time The Euclid Chemical Company may change the
Licensed Content, the services offered or terminated through the
Site or expand the Site's capability. The Euclid
Chemical Company also reserves the right at any time and from time
to time to modify these Terms of Use, the Privacy Policy, the Site
and/or discontinue, temporarily or permanently, the Site (or any
part thereof) with or without notice. You are
responsible for regularly reviewing these Terms and Conditions and
the Privacy Policy. You agree that The Euclid Chemical
Company shall not be liable to you or to any third party for any
such action.
6. Termination
The Euclid Chemical Company, in its sole discretion, may suspend
or terminate your access or use for any reason, but especially if
The Euclid Chemical Company believes that you have violated or
acted inconsistently with the letter or spirit of these Terms of
Use. The Euclid Chemical Company may also in its sole
discretion and at any time discontinue providing the Site, or any
part thereof, with or without notice, or remove or refuse to post
any user contribution for any or no reason in our sole
discretion. You agree that any suspension or termination
may be effected without prior notice, and acknowledge and agree
that The Euclid Chemical Company may immediately bar further access
to the Site. The Euclid Chemical Company shall not be
liable to you or any third party for any suspension or termination
of your access to or use of the Site. Without limiting the
foregoing, The Euclid Chemical Company has the right to fully
cooperate with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other
information of anyone posting any materials on or through the Site.
YOU WAIVE AND HOLD HARMLESS THE EUCLID CHEMICAL COMPANY AND ITS
AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER THE EUCLID CHEMICAL COMPANY OR LAW
ENFORCEMENT AUTHORITIES.
7. Links
This Site may contain links to other internet websites or
resources. When you link to those sites, you leave this
Site. The Euclid Chemical Company has no control over such sites,
their content and resources or the business practices or policies
of operators of such sites. The Euclid Chemical Company
privacy terms do not apply to the practices of any companies or
individuals operating the linked sites. Therefore,
please use caution and review the privacy policies of any sites
that you visit to learn more about their information-gathering
practices. The Euclid Chemical Company expressly
disclaims all responsibility or liability for the availability or
accuracy of such external sites or resources or the content
thereon, does not endorse and is not responsible or liable for any
advertising, products or other materials on or available from such
sites or resources. The inclusion of any link on the Site does
not imply that The Euclid Chemical Company endorses the linked
site. Your use of the links is at your own
risk. You further acknowledge and agree that The Euclid
Chemical Company shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with your use of or reliance on any goods,
services or materials available on or through any such link, site
or resource.
8. THE EUCLID CHEMICAL COMPANY's Proprietary Rights
Everything you see or read on the Site, including the
collection, compilation, assembly and arrangement of Licensed
Content, is protected by all United States and international
copyright laws, and may not be used except as provided in these
Terms of Use without The Euclid Chemical Company's express written
permission. The Site and any necessary software used in
connection with the Site ("Software"), the collection, compilation,
assembly and arrangement of Licensed Content, all images,
photography, graphics, artwork, text, and other information and
material found on the Site, regardless of source, all Marks and
other intellectual property relating thereto and all information
and data collected through the Site (all of which are included in
and as the "Licensed Content"), is owned by The Euclid Chemical
Company or its suppliers or partners and contains proprietary and
confidential information that is protected by all applicable
intellectual property and other laws. All trademarks, logos,
trade names, trade dress, product and service marks, individually
or combined with one another (collectively the "Marks") and whether
or not registered, are proprietary to The Euclid Chemical Company,
their subsidiaries and affiliates, or other third party owners who
have granted The Euclid Chemical Company the right and license to
use its marks ("Third Party Marks"). You may not use or
display the Marks or Third Party Marks in any manner without the
prior written consent of The Euclid Chemical Company or the
respective owner. This includes use in or as meta tags
or any other "hidden text". Other The Euclid Chemical Company
product or service names, logos, graphics, page headers, button
icons and scripts are trademarks or trade dress of The Euclid
Chemical Company and may not be used in connection with any product
or service that is not The Euclid Chemical Company's in any manner,
but especially that which is likely to cause confusion in the
marketplace or in any matter that disparages or discredits The
Euclid Chemical Company.
9. Notices and Procedures for Making Claims of Copyright
Infringement
Notifications of claimed copyright infringement should be sent
to The Euclid Chemical Company.
The Euclid Chemical Company respects the intellectual property
of others, and asks its users and visitors to do the
same. The Euclid Chemical Company will process and
investigate notices of alleged infringement and will take
appropriate actions under applicable intellectual property
laws. Upon receipt of notices complying with applicable
law, The Euclid Chemical Company will act to remove or disable
access to any material found to be infringing or found to be the
subject of infringing activity and will act to remove or disable
access to any reference or link to material or activity that is
found to be infringing.
If you believe that your work has been copied in any way that
constitutes copyright infringement, please provide all of the
following information:
a. a physical or electronic signature of the person
authorized toact on behalf of the owner of an exclusive copyright
that isallegedly infringed;
b. a description of the copyrighted work that you claim
has beeninfringed;
c. a description of where the material that you claim is
infringing islocated on the Site;
d. your address, telephone number, and email address and
all otherinformation reasonably sufficient to permit The Euclid
ChemicalCompany to contact you;
e. a statement by you that you have a good faith belief
that thedisputed use is not authorized by the copyright owner, its
agent,or the law;
f. a statement by you, made under penalty of perjury, that
theabove information in your Notice is accurate and that you are
thecopyright owner or authorized to act on behalf of the owner of
anexclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed
to:
By mail:
The
Euclid Chemical Company
19215
Redwood Road
Cleveland,
OH, 44110
Attn: Webmaster
By fax:
216-486-8101
By
Email:
euclidmktggroup@euclidchemical.com
(Please
include "Notice of Infringement" in the subject line.)
IMPORTANT NOTE: THE PRECEDING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE EUCLID
CHEMICAL COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN
INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED
QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY,
WILL NOT RECEIVE A RESPONSE THROUGH THIS
PROCESS.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Euclid Chemical Company makes no representations or
warranties about the accuracy or completeness of the Site or
Licensed Content. The Euclid Chemical Company does not
target, and the Site is not intended for use by, children under age
13. The Euclid Chemical Company will not contact
children under age 13 about promotions or for marketing purposes
without a parent's permission nor will it ask for more personal
information than is reasonably necessary to participate in a given
activity. However, it does not filter ads or other
material children may view through the Site or linked sites, some
of which may be inappropriate for children.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EUCLID
CHEMICAL COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF
PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND
NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITE.
(b) THE
EUCLID CHEMICAL COMPANY MAKES NO WARRANTY (i) THAT THE SITE WILL
MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, ACCURATE OR ERROR-FREE, (iii) THAT
PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv)
THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR
RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE
SITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (vi) THAT
PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
(c) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
(e) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM THE EUCLID CHEMICAL COMPANY OR THROUGH OR FROM THE SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE OR
OTHERWISE APPLICABLE PURSUANT TO YOUR PURCHASE OF THE EUCLID
CHEMICAL COMPANY PRODUCTS OR SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EUCLID CHEMICAL
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EUCLID CHEMICAL
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE
INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND
MATERIALS SHOWN OR AVAILABLE FROM THE SITE OR ANY OTHER MATTER
RELATING TO YOUR ACCESS TO OR USE OF THE SITE. THESE
LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. TO THE EXTENT THAT SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Notice/Opt Out Options
Notices to you may be made via either email or regular
mail. The Site may also provide notices of changes to
these Terms of Use or other matters by displaying notices or links
to notices to you generally on the Site. Notice or other
correspondence to The Euclid Chemical Company should be sent by
certified mail, return receipt requested to:
THE EUCLID CHEMICAL COMPANY
19215 REDWOOD ROAD
CLEVELAND, OH, 44110
Attn: Webmaster
Should you wish to update your information or no longer receive
communications from The Euclid Chemical Company, please contact The
Euclid Chemical Company
euclidmktggroup@euclidchemical.com
12. General Information
These Terms of Use and any other agreements, whether or not
referenced herein, constitute the entire agreement between you and
The Euclid Chemical Company with regard to and shall govern your
activities and use of the Site, superseding any prior agreements
between you and The Euclid Chemical Company. You also
may be subject to additional terms and conditions contained in
invoices, purchase orders, shipping manifests, bills of lading or
terms and contracts that may apply when you purchase products or
services or use affiliate services, third party content or third
party software. These Terms of Use, your use of the Site and any
other agreement with and the relationship between you and The
Euclid Chemical Company shall be governed by the laws of Ohio
without regard to choice of law provisions, nor shall the 1980
United Nations Convention on Contracts for the International Sale
of Goods apply. You and The Euclid Chemical Company
agree to submit to the personal and exclusive jurisdiction of the
pertinent state or federal courts located within
Ohio. By using this Site, you agree that The Euclid
Chemical Company, in its sole discretion, may require you to submit
any disputes arising from use of this Site, these Terms of Use or
the Privacy Policy concerning or including disputes arising from or
concerning the interpretation, violation, nullity, invalidity,
non-performance or termination, as well as disputes filling gaps in
contract or its newly arisen circumstances, to final and binding
arbitration under the International Rules of Arbitration of the
American Arbitration Association by one arbitrator appointed in
accordance with said Rules. Notwithstanding these rules,
however, such proceeding shall be governed by the laws of Ohio and
shall take exclusively in Ohio as set forth in this
Section. Any arbitration award initiated under this
clause shall be limited to monetary damages and not equitable
relief. Further, the arbitrator shall have no authority
to award punitive, consequential or other damages not measured by
the prevailing party's actual direct damages in any arbitration
initiated pursuant to this Section except as required by
statute. Notwithstanding the foregoing, The Euclid
Chemical Company may seek equitable relief, including preliminary
and permanent injunction, in any court of competent jurisdiction to
prevent or enjoin misappropriation, misuse, unauthorized disclosure
or infringement of any intellectual property rights. The
failure of The Euclid Chemical Company to exercise or enforce any
right or provision of the Terms of Use shall not constitute a
waiver of such right or provision. If any provision of
the Terms of Use or the Privacy Policy is found by a court of
competent jurisdiction to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect. You
agree that regardless of any statute or law to the contrary, you
must file any claim or cause of action arising out of or related to
your use of the Site, Terms of Use or the Privacy Policy within one
(1) year after such claim or cause of action arose or be forever
barred. The section titles in the Terms of Use are for
convenience only and have no legal or contractual effect.
13. Violations
Please report any violations of the Terms of Use or the Privacy
Policy to euclidmktggroup@euclidchemical.com
The parties acknowledge that they have required that these Terms
of Use be prepared and provided in English. Les parties
reconnaissent qu'elles ont exigées que la présente convention soit
redigée en anglais
14.
Provisions specific to users in the United States
The Euclid Chemical Company adheres to the Children's Online
Privacy Protection Act (COPPA) on our Site. A child's privacy
is important to us. No one under age 13 may provide any
personal information to or on our Site. We do not knowingly collect
personal information from children under 13. If you are under 13,
do not use or provide any information on the Site or on or through
any of the features on the Site or provide any information about
yourself to us, including your name, address, telephone number,
e-mail address or any screen name or user name you may use.
If we learn we have collected or received personal information from
a child under 13 without verification of parental consent, we will
delete that information. Providing any personal information
regarding a child, including the child's name and age is strictly
at the parent's discretion. At any time a parent can request
to review their personal information and their child's personal
information that they have submitted to us. A parent may also
ask to have it deleted by sending a request to
euclidmktggroup@euclidchemical.com. If a visitor to
the Site is under the age of 18, they should read these Terms of
Use and Privacy Policy with their parents for guidance.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of the
Site that are California residents to request certain
information regarding our disclosure of personal information to
third parties for their direct marketing purposes. To make such a
request, please send an e-mail to euclidmktggroup@euclidchemical.comor
write us at: 19215 Redwood Road, Cleveland, OH, 44110, Attn:
Webmaster.