By accessing and browsing this Website owned and/or operated by ISK Biocides, you accept, without limitation or qualification, the Legal Policy set forth in the following Terms and Conditions, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.
AGREEMENT BETWEEN USER AND ISK BIOCIDES
The ISK Biocides Website is comprised of various Web pages operated by ISK Biocides. The ISK Biocides Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ISK Biocides Website constitutes your agreement to all such terms, conditions, and notices.
This Legal Policy constitutes the entire agreement between you and ISK Biocides and governs your use of the ISK Biocides Website. The failure of ISK Biocides to exercise or enforce any right or provision of this Legal Policy shall not constitute a waiver of any such right or provision. If any provision of this Legal Policy is found by a court of competent jurisdiction to be invalid, then such provision shall be eliminated from the Legal Policy and the surviving terms shall remain in full force and effect.
REVISIONS TO THE TERMS
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ISK Biocides Website, you warrant to ISK Biocides that you will not use the ISK Biocides Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ISK Biocides Website in any manner which could damage, disable, overburden, or impair the ISK Biocides Website or interfere with any other party's use and enjoyment of the ISK Biocides Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for or through the ISK Biocides Websites.
USE OF COMMUNICATION SERVICES
The ISK Biocides Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and/or publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
ISK Biocides has no obligation to monitor the Communication Services. However, ISK Biocides reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ISK Biocides reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. ISK Biocides reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ISK Biocides' sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ISK Biocides does not control or endorse the content, messages or information found in any Communication Service and, therefore, ISK Biocides specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ISK Biocides spokespersons, and their views do not necessarily reflect those of ISK Biocides.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ISK BIOCIDES OR POSTED AT ANY ISK BIOCIDES WEBSITE
ISK Biocides does not claim ownership of the materials you provide to ISK Biocides (including feedback and suggestions) or post, upload, input or submit to any ISK Biocides Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ISK Biocides, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
Any communication or material you transmit to ISK Biocides at the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. ISK Biocides will not compensate you in any way for any such information, nor will the information be returned to you. ISK Biocides is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ISK Biocides's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ISK BIOCIDES WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ISK BIOCIDES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ISK BIOCIDES WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ISK BIOCIDES WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ISK BIOCIDES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ISK BIOCIDES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ISK BIOCIDES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES THAT MAY EXIST UNDER APPLICABLE LAW, COURSE OF DEALING OR USAGE OF TRADE.
ISK Biocides reserves the right, in its sole discretion, to terminate your access to the ISK Biocides Website and the related services or any portion thereof at any time, without notice.
- This Legal Policy constitutes the entire agreement between you and ISK Biocides and governs your use of the ISK Biocides Website.
- The failure of ISK Biocides to exercise or enforce any right or provision of this Legal Policy shall not constitute a waiver of any such right or provision.
- Use of the ISK Biocides Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
- You agree that no joint venture, partnership, employment or agency relationship exists between you and ISK Biocides as a result of this agreement or use of the ISK Biocides Website.
- ISK Biocides' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ISK Biocides' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ISK Biocides Website or information provided to or gathered by ISK Biocides with respect to such use.
- If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
- Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ISK Biocides with respect to the ISK Biocides Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ISK Biocides with respect to the ISK Biocides Website.
- A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- It is the express wish of the parties that this agreement and all related documents be drawn up in English.
- Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action arose or be forever barred.
The content or other materials on the Website including, but not limited to, all text, audio, images and other materials or elements are owned by ISK Biocides or others with all rights reserved. You should assume that the Content is copyrighted and owned by ISK Biocides unless otherwise noted, and you may not use the Content, except as provided in this Legal Policy, without the prior written permission of ISK Biocides.
All trademarks, trade names and logos and all related product names, design marks and slogans which appear on the Website are either the trademarks or service marks (registered or unregistered) of ISK Biocides or its affiliates or licensors unless otherwise stated herein.
22 Express®, Premier®, NeXgen®, NeX-Brite®, Tuff-Brite®, Sta Brite®, Adjust-O-Bor®, CosPaint®, X-Lance® , BEE Gone® and Innovation With Integrity® are registered trademarks of ISK Americas Incorporated. ISK® is a registered trademark of Ishihara Sangyo Kaisha, Ltd.
PQ-8®, PQ-80®, CuSol®, Millbrite®, WOODguard® and WOODguard ITF® are registered trademarks of IBC Manufacturing Company.
ISK Biocides and its affiliates or licensors expressly reserve all intellectual property rights in all Content on the Website. No license is granted to you in connection with such Content contained on the Website. In its sole discretion, ISK Biocides or its affiliates or licensors may seek to enforce their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution.
ISK Biocides maintains the Website for your professional and personal information, education, and communication only and grants you permission to use the Website and to download Content, but only for professional and personal use: provided, however, that all copyright and other proprietary notices remain with the Content, that you do not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without the prior written permission of ISK Biocides, and that you do not download or use any images of people or places ("Images") displayed on the Website for any purpose. The download or use of any such Images by you, or anyone else authorized by you, is prohibited unless specifically permitted by the prior written authorization of ISK Biocides. Any unauthorized use of such Images may violate copyright laws, trademark laws, the laws of privacy and/or publicity, and related communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities on the Website:
- Upload, post or transmit any informational content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, invades the privacy of another, or is otherwise objectionable;
- Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
- Impersonate another user, person or entity, including any official or employee of ISK Biocides;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
- Use the Website to advertise or perform any commercial solicitation.
We welcome your comments, feedback, suggestions, and other communications regarding this Website and the information and services we make available through this Website. The feedback you provide to us through this Website will be and remain our exclusive property. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any feedback that you do not wish to assign to us.
LINKS TO THIRD-PARTY SITES
The ISK Biocides Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of ISK Biocides, and ISK Biocides is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ISK Biocides is not responsible for webcasting or any other form of transmission received from any Linked Site. ISK Biocides is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or approval by ISK Biocides of the site or any association with its operators. ISK Biocides does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites, and you hereby release ISK Biocides and its affiliates, officers, directors and agents from any and all such responsibility or liability for the same. If you establish a link to such sites, you do so at your own risk and without the permission of ISK Biocides. Check the Uniform Resources Locator ("URL") address provided in your Worldwide Web browser to see if you are still in the ISK Biocides Website or have moved to another third-party site.
EXCLUSION OF LIABILITY
Neither ISK Biocides nor any of its officers, directors or employees nor any of their respective agents will be liable for any damages or injury that accompany or result from your use of this Website. Your use of the ISK Biocides Website is at your own risk.
The content of this Website is provided "as is" and ISK Biocides disclaims any warranty of any kind, either express or implied, including but not limited to the following warranties:
- The content is of any particular level of quality or fit for a particular purpose;
- The content is error-free and accurate;
- The Website or the servers are free of viruses and other harmful components;
- The content on the Website is non-infringing;
- The Website is secure from tampering, hacking or intrusion by third parties;
- In addition to the above, you (and not ISK Biocides) assume the entire cost of all necessary servicing, repair or correction of any equipment, hardware, software or other items necessary to use the Website or view the content. Exception: In certain states, the law may not allow us to disclaim or exclude warranties, so the above disclaimer may not apply to you.
Users are prohibited from violating or attempting to violate the security of the Website, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; (e) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; or (f) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website. Violations of system or network security may result in civil or criminal liability. ISK Biocides may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
CHOICE OF LAW
This Legal Policy and your use of this Website is governed by the laws of the State of Tennessee in the United States of America, without regard to its choice of law provisions.