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Terms of Use

1. Scope

1.1. Any use of this web site by you (“User” or “you”) provided by Almatis B.V. (“Almatis”) and/or its affiliates, (“Almatis Web Site”), is subject to these Terms of Use.  These Terms of Use may be updated and amended from time to time at the sole discretion of Almatis or may be amended or modified by other terms and conditions, e.g. for the purchase of products.  Your continued or subsequent access or use of the Almatis Web Site shall be deemed to be your acceptance of the amended or modified Terms of Use.  In accessing or using the Almatis Web Site, these Terms of Use are accepted by you in their then-current version.  If you do not agree to these Terms of Use, please do not use the Almatis Web Site.

1.2. Almatis is not responsible in the event that any information made available to you on the Almatis Web Site is inaccurate or incomplete.  The content of the Almatis Web Site is provided for general informational purposes only and should not be relied on or used as the basis for making decisions without additional verification as to the completeness, accuracy and currency of the content of the Almatis Web Site.  Almatis reserves at all times the right (but not the obligation) to modify the content of the Almatis Web Site without notice to you, including but not limited to making changes or improvements to products, services or other particulars described on the Almatis Web Site.

2. Services

2.1. This Almatis Web Site contains specific information, as well as related documentation, for viewing or downloading.

2.2. Almatis may stop the operation of the Almatis Web Site in full or in part at any time.  Due to the nature of the internet and computer systems, Almatis does not accept any liability for the continuous availability of the Almatis Web Site.

3. Rights of Use to Information and Documentation

3.1. The use of any information and documentation made available on or via the Almatis Web Site is subject to these Terms of Use.

3.2. Almatis grants User a revocable-at-will, non-exclusive and non-transferable license, which may not be sublicensed, to use the information and documentation made available to the User on or via the Almatis Web Site to the extent agreed, or in the event of no such agreement to the extent of the purpose intended by Almatis in making same available.

3.3. Information and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available.  The User shall not modify the documentation.

3.4. The information and documentation available on the Almatis Web Site are protected by copyright laws and international copyright treaties as well as other laws and conventions related to intellectual property.  The User shall observe such laws and in particular shall not modify, conceal or remove any alphanumeric code, marks or copyright notices neither from the information nor from the documentation, or any copies thereof.

3.5. As between Almatis and the User, all content on the Almatis Web Site is the exclusive property of Almatis.  Any use of such content other than as expressly mentioned in these Terms of Use is expressly prohibited and you agree to abide by any additional restrictions as may be set out in the Almatis Web Site from time to time.  Almatis neither warrants nor represents that your use of the content on the Almatis Web Site will not infringe rights of any third parties.

4. Intellectual Property

4.1. Notwithstanding the provisions in paragraph 3 of these Terms of Use, information, brand names and other contents of the Almatis Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Almatis.

4.2. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights.  Any and all patent rights and licenses are expressly excluded.

5. Duties of the User

5.1. In accessing or using the Almatis Web Site the User shall not:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, such as a Trojan Horse, or any other program that could damage data;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

5.2. Almatis may deny access to the Almatis Web Site at any time, in particular if the User breaches any obligation arising from these Terms of Use.

5.3. You agree to indemnify, defend and hold harmless Almatis and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from your use of the Almatis Web Site and/or any violation of these Terms of Use.  If you cause a technical disruption of the Almatis Web Site or the systems transmitting the Almatis Web Site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.  Almatis reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Almatis in the defense of such matter.

6. Hyperlinks

The Almatis Web Site may contain hyperlinks to the web pages of third parties. Almatis has no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Almatis does not control the information on such web pages and is not responsible for the contents and information given thereon.  The use of such web pages shall be at the sole risk of the User.

7. DISCLAIMER

YOUR USE OF THE ALMATIS WEB SITE IS AT YOUR SOLE RISK AND YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE ALMATIS WEB SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. THE ALMATIS WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE ALMATIS WEB SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.  TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, ALMATIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES THAT MATERIALS ON THE ALMATIS WEB SITE ARE NON-INFRINGING; ANY TERMS IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; AND/OR ANY WARRANTIES THAT ACCESS TO THE ALMATIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE ALMATIS WEB SITE WILL BE SECURE, THAT THE ALMATIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE ALMATIS WEB SITE WILL BE COMPLETE, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR TIMELY.  IF YOU DOWNLOAD ANY MATERIALS FROM THE ALMATIS WEB SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ALMATIS OR THROUGH OR FROM THE ALMATIS WEB SITE SHALL CREATE ANY WARRANTY OF ANY KIND.

8. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, IN NO EVENT WILL ALMATIS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE ALMATIS WEB SITE OR ANY USE OF THE ALMATIS WEB SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE ALMATIS WEB SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ALMATIS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.  YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ALMATIS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE ALMATIS WEB SITE.  YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH ALMATIS IS TO DISCONTINUE YOUR USE OF THE ALMATIS WEB SITE AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ALMATIS WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.

Different limitations and exclusions of liability will apply to liability arising as a result of our supply of any goods to you.  The terms and conditions governing such supply will be separately set out in the relevant part of the Almatis Web Site, and shall prevail over these Terms of Use.

9. Data Privacy Protection

During collection, use and processing of personally identifiable data of the User, Almatis shall comply with applicable laws on data privacy protection and in accordance with the Almatis Web Site Data Protection Privacy Policy, which is available on the Almatis Web Site.

10. Supplementary Agreements, Place of Jurisdiction, Applicable Law

10.1. These Terms of Use shall be governed by, and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with, Dutch law, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.

10.2. You consent irrevocably to the non-exclusive jurisdiction of the courts of Rotterdam, The Netherlands.  Almatis reserves the right, if it sees fit, to bring proceedings in the courts of the country of your residence.  We recognise that you may obtain access to the Almatis Web Site from other jurisdictions in the world and we are unable to prevent such access.  If any material on the Almatis Web Site is contrary with the laws of the place where you are accessing the Almatis Web Site, we ask that you do not use the Almatis Web Site.

10.3. The individual pages of the Almatis Web Site are operated and administered by Almatis B.V. and/or its affiliates. The pages comply with the law applicable in the country where the responsible company has its business residence. Almatis makes no representation that information and/or documentation on the Almatis Web Site are appropriate or available for viewing or downloading at locations outside such country.  If Users access Almatis Web Site from outside such country, they are exclusively responsible for compliance with all applicable local laws.  Access to Almatis Web Site information and/or documentation is prohibited from countries where such content is unlawful.  In this case and where User seeks to do business with Almatis, the User should contact the Almatis representative for the particular country for country-specific business.

10.4. The failure of Almatis to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect.

 

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