DEMILEC USA WEB SITE TERMS OF USE

Demilec (USA) Inc. (“Demilec”) owns and operates this web site located at http://www.demilec.com/ (the “Site”). Please review this Terms of Use Agreement (“Terms of Use” or “Agreement”) carefully before using the Site. This Agreement governs any use of the publicly accessible portions of the Site. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend this Agreement to be the legal equivalent of a signed, written contract and equally binding, and that you accept the terms of use as set forth in this Agreement and agree to be legally bound by them.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Your continued use of the Site following reasonable notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use posted on the Site constitutes reasonable and sufficient notice. At all times, you are bound by the then-current version of these Terms of Use and all applicable laws. We highly recommend that you review these Terms of Use from time to time to ensure that you are familiar with the most recent version.

Terms of Use

  1. This Site (including the underlying software and files) and content provided on this Site, including the text, music and sound, graphics, images, photographs, audio and video, footage, animations, podcasts, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of Demilec and/or its affiliates, or are licensed to Demilec, and are protected by law, including United States copyright, database, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Agreement, Demilec does not grant any express or implied rights to you. The Contents are © 2014, Demilec. All rights reserved. Demilec also owns copyright rights in the Site as a collective work and/or compilation, and in any and all databases accessible on or through the Site. Unless otherwise noted, DEMILEC, DEMILEC APX, HEATLOK, HEATLOK SOY, BARNSEAL, SEALECTION, ECO-PUR, and other brands featured on the Site constitute Demilec’s trademarks. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or Demilec’s ownership of, such copyrights, trademarks or any other Demilec intellectual property, or assist any third party in doing so. The Site may also include the product, service and company names, as well as logos, of third parties. Such third-party designations are the trade/service marks of their respective owners, and may not be used without the prior written permission of their respective owners.
  1. Grant of License. Demilec grants to you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with this Agreement. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal, educational, or other non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such content and information and/or appropriate attribution to Demilec in a form and manner acceptable to us. You may not use Content in any manner that suggests the endorsement or association of any third-party entity, person, product or service by Demilec unless express written permission has been given by Demilec in advance. You may not under any circumstances: (a) copy, print or download in any medium all or substantially all of the Content; (b) modify any Content; or (c) copy, distribute, or reverse engineer any underlying software code for the Site and/or Content. Unless and except as otherwise expressly permitted by this Agreement, you may not access, copy, reproduce, modify, create derivative works of, alter, publicly distribute, republish, upload, post, transmit, publicly perform or display, license, transfer, sell, mirror, frame, “deep link,” “scrape,” data mine, or otherwise use any information or material obtained from or through this Site, without written permission from Demilec. You may not remove or obscure any copyright notices or other notices of intellectual property rights from the Site or any content available on or through the Site. Any unauthorized use of this Site or the Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
  1. User Representations. You represent and warrant to Demilec that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.

    You further represent and warrant that you will not post, store, transmit or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by this Agreement, including but not limited to materials that (a) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Demilec); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”
  1. Permission Requests. For information on obtaining permission to use any Content beyond the uses permitted by Paragraph 2 above, please contact info@demilec.com.
  1. Privacy Policy. Please see Demilec’s Web Site Privacy Policy for a summary of Demilec’s personal data collection and use practices with respect to the Site. By using this Site, you consent to Demilec’s collection and use of personal data as outlined in Demilec’s Privacy Policy.
  1. Assumption of Risk. You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although Demilec has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Demilec is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Demilec shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
  1. Enforcing Security. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Demilec reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. Demilec will also comply with all court orders involving requests for such information.
  1. Links to Other Sites; Views Expressed. Demilec may describe, reference, or provide links, in its sole discretion, to other information or products or sites on the World Wide Web for your convenience in locating related information and services. Any descriptions of, references to, or links to other products, publications or services does not imply endorsements of any kind, unless expressly stated by Demilec. Any such information, products or sites have not necessarily been reviewed by Demilec and are provided or maintained by third parties over which Demilec exercises no control. In addition, to the extent that they were reviewed by Demilec, Demilec undertakes no responsibility for continually monitoring such sites; the material at a site when Demilec viewed it may differ materially than when you do. Accordingly, Demilec expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites.

    You may not create a link from your web site or any other Internet location to the Site without prior written permission of Demilec. As noted above, deep linking to internal pages of the Site is expressly prohibited.

    The views expressed in the Site may be those of the applicable individual authors and do not necessarily represent those of Demilec, its affiliates, or its and their respective officers, directors, or employees. Demilec does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other third-party information posted on forums, blogs or otherwise available on or through this Site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Demilec, its affiliates, or third party service providers. You agree that Demilec, its affiliates and third party service providers are not responsible for, and shall have no liability to you or any third party, with respect to any information or materials posted by others or about others, including defamatory, offensive or illicit material, including material that violates these Terms of Use.

    Demilec reserves the right, but is not obligated to monitor your or others’ comments or statements and to remove any such material that Demilec considers, in its sole discretion, to be illegal, offensive, objection or otherwise constitute misuse of these Terms of Use, or contrary to Demilec’s mission. Demilec may restrict, suspend, or terminate your use of the Site or the where, in Demilec’s sole discretion, it believes that there may have been such misuse or violation.
  1. U.S. Copyright Infringement Claims.

    If you know or suspect that any of the materials on this Site have been used or copied in a way that constitutes copyright infringement, please send notice to Demilec’s designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
      1. A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
      4. Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
      5. A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
      6. A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      The designated agent for notice of copyright infringement claims may be reached as follows:

      • By Mail:
        Demilec (USA) Inc.
        3315 E. Division Street
        Arlington, TX 76011
        Attn: Paul Herrera
      • By Fax:
        Demilec (USA) Inc.
        (817) 633-2000
        Attn: Paul Herrera
      • By Email:
        paul.herrera@demilec.com
    1. Events Beyond Demilec’s Control. You expressly absolve and release Demilec, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.
    1. DISCLAIMERS. DEMILEC PROVIDES THIS SITE AND ALL OF ITS CONTENT ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. DEMILEC MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE OR ANY OF ITS CONTENT. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. DEMILEC MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE AND THE CONTENT IT PROVIDES.

      UNDER NO CIRCUMSTANCES WILL DEMILEC BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE OR THE CONTENT IT PROVIDES, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF Demilec HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

      TO THE EXTENT PERMITTED BY LAW, DEMILEC DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND ITS CONTENT.
    1. Indemnity. You agree to indemnify and hold harmless Demilec, its affiliates, related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third-party claims based on or related to your use of this Site or any breach by you of these Terms of Use.
    1. Submissions. Demilec welcomes your feedback and suggestions about how to improve this Site, as well as other submissions related to this Site and any products or services offered in connection with this Site. Any ideas, suggestions, information, know-how, material, statements, comments, or any other content (collectively, “Submissions”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Demilec to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. Demilec may, but will not be obligated to use, and/or provide any author attributions related to, any Submissions. Demilec reserves the right to remove any Submissions you may submit through or post on the Site.

      You agree that the Submissions will not constitute or be comprised of any material that is unlawful or prohibited by this Agreement, including but not limited to materials that (a) claim a relationship with or speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship (including but not limited to Demilec); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) is unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person, or (f) consists of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.
    1. Governing Law and Forum. This Agreement shall be governed by the laws of Texas, without regard to conflicts of law rules, and the exclusive jurisdiction and venue for any dispute shall be Texas. You agree to submit to the jurisdiction of the state and federal courts in Tarrant County, Texas for the purposes of any judicial proceedings relating to or arising from this Agreement.
    1. Suspension, Termination. Demilec reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate this Agreement.
    1. Waiver. Failure to insist on strict performance of any of the provisions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Demilec of any right under this Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
    1. Nature of Relationship/Severability. No joint venture, partnership, employment, agency or other relationship exists between you and Demilec as a result of this Agreement or your use of this Site. If any provision of this Agreement is held unlawful, void or unenforceable for any reason by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
    1. Entire Agreement/Reservation of Rights. These Terms of Use and Demilec’s Privacy Policy represent the entire agreement between you and Demilec with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Demilec with respect to same. Any rights not expressly granted under this Agreement are reserved.
    Testimonials
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