Effective Date: 30 September 2020 (last updated 30 Sep 2020)
The terms “we”; “us”; “our”, and “SCAI” refer to Sumitomo Chemical America, Inc., and any of its Affiliates. “You” refers to any person accessing and/or using the Site.
These terms include an Arbitration Provision requiring binding arbitration of disputes and a waiver of certain rights to jury trials and/or class actions.
We may update these Terms from time to time. Your continued use of the Site after the posting of any amended Terms shall constitute your agreement to be bound by any such changes.
Ownership of the Site; Site Materials
All pages within this site and any material made available for download are the property of SCAI. This site is protected by United States and international copyright and trademark laws. The contents of the Site, including without limitation all data, files, documents, text, photographs, images, audio, and video, any materials accessed through or made available for us or download through this site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized by these Terms or otherwise approved in writing by SCAI.
The Site includes certain trademarks, trade names, service marks and logotypes owned by SCAI and its Affiliates, as well as its licensors, suppliers and other information providers. By using this Site you agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Site.
Your Use of the Site; Site Materials
The Site is intended for personal use only. While you may interact with or download a single copy of any portion of the Site for your personal, noncommercial information, entertainment or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Site, including any Content, in any other way or for any other purpose without the written consent of SCAI.
In addition, SCAI hereby grants you permission to use the Site, provided that:
- you will not use any electronic communication feature of the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful;
- you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- you may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site,
- you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and
- you will otherwise comply with these Terms.
User Generated Content; Postings to the Site
All information submitted to SCAI via this Site shall be deemed non-confidential and will remain the property of SCAI. Please note that SCAI does not want to receive confidential or proprietary information through our Site and that any information or material sent to SCAI will be considered and treated as NOT confidential. By sending us any information or material, you grant SCAI an unrestricted, world-wide, royalty-free, perpetual, irrevocable license to use, copy, modify, display, distribute, and transmit those materials and information in any medium, software or technology of any kind now existing or developed in the future. You also agree that SCAI is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. We will not, however, release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use you name; (b) we first notify you that the materials or other information you submit to a particular part of this Site will be published or otherwise used with your name on it; or (c) we are required to do so by law. SCAI shall not be subject to any obligations of confidentiality regarding submitted information except as specifically agreed to in writing by SCAI or as required by law.
Links to Other Sites
If you operate a web site and wish to link to sumitomochemicalamerica.com or sumichem.com, you must link to the Site’s home page unless permission otherwise has been granted in writing by SCAI, which reserves the right to reject or terminate any links to the Site.
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS”, “AS AVAILABLE.” SCAI DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND LINKED WEBSITES. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
WARRANTIES RELATING TO PRODUCTS OR SERVICES OFFERED, SOLD AND DISTRIBUTED BY US ARE SUBJECT TO SEPARATE WARRANTY TERMS AND CONDITIONS, IF ANY, PROVIDED WITH OR IN CONNECTION WITH THE APPLICABLE PRODUCTS OR SERVICES.
General Disclaimer and Limitation of Liability
YOU MAY USE THIS SITE ONLY AT YOUR OWN RISK. IN NO EVENT WILL SCAI BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF SCAI, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF US TO YOU WITH RESPECT TO YOUR USE OF THIS SITE SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SCAI FOR ACCESS TO OR USE OF THE SITES.
Use of this Site shall be governed by and construed in accordance with all applicable Federal laws of the United States of America and the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in the federal or state courts located in New York, New York, within one year after the cause of action arises or the cause is barred.
SCAI may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Site at any time, without notice or liability. These Terms operate to the fullest extent permissible by law. If SCAI fails to act with respect to your breach or anyone else’ breach on any occasion, SCAI is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms constitute the entire agreement between you and SCAI regarding the use of the Site.