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.