TERMS & USE
Welcome to www.x-chem.com , a website of NCH Corporation ("NCH" or "We"). The following states the terms and conditions ("Terms") under which you may use this site. If you do not accept the Terms, you are not authorized to use this web site. By accessing and/or using this site, you agree to these Terms. NCH may change, revise or update the Terms at any time by updating this posting. You should visit this page periodically to review the Terms because they are binding on you. The term "you" refers to all individuals or entities accessing this site for any reason.
Use of Site. The use of this site and its content is at your own risk. We provide information about products and services and certain other third party information on this site. This site is provided at no charge for informational purposes and NCH does not warrant the accuracy of the information in this site. NCH may also make improvements and/or changes in the products and services described in this site at any time without notice. Any information contained in this site does not represent a commitment on the part of NCH in the future.
Availability of Site. When using this site, information will be transmitted over a medium that may be beyond the control and jurisdiction of NCH. Accordingly, NCH assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with the use of this site. From time to time, NCH, or its designated service provider, may need to take the web site down or otherwise make it unavailable due to scheduled, preventative, required or emergency maintenance, repairs, abnormal usage, updates, or other changes.
User Submissions. You shall not submit, post or transmit to, through or with this site any content or material which: a) is unlawful, constitutes, advocates or encourages conduct that is a criminal offense, could give rise to civil liability or otherwise violate any applicable local, state, provincial, national or international law; b) infringes upon any intellectual property right or other right of any entity or person, including without limitation, any copyright or trademark; c) advertises or otherwise solicits funds or is a solicitation for goods or services; d) contains a virus or other harmful component or distributes a virus or other harmful code; e) otherwise violates the Terms; f) defames, invades privacy, is threatening, harassing, abusive, racist, sexist, sexually explicit, pornographic, profane, indecent, hateful, embarrassing or otherwise objectionable as determined in the sole discretion of NCH; Furthermore, you shall not: a) after receiving a warning, continue to disrupt the normal flow of dialogue or posting comments that are not related to the topic being discussed; b) post chain letters or pyramid schemes; c) impersonate another person; d) harvest or otherwise collect information about others; e) post the same note more than once or "spam;" or f) engage in any other conduct that restricts or inhibits any person from using or enjoying the site. NCH does not regularly monitor submissions but reserves the right to do so. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. You are solely responsible for any information, communication or material you submit to this site and you, not NCH, have full responsibility for such information, communication or material, including its legality, reliability, appropriateness, originality or copyright. You agree that all information submitted to this site is non-confidential (including any business information, idea, concept or invention) and you automatically grant NCH a royalty-free, perpetual, irrevocable and worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such information. If you wish to keep such information private or proprietary, do not submit them.
Blogs and Submission Areas. If you use a blog, question and answer, submission area, message board, ask our expert, user reviews, and other similar areas ("Public Areas"), you are solely responsible for your own communications, the consequences of posting those communications and your reliance of or on any information or communications found in the Public Areas. You agree to use your common sense and courtesy in your blogging or any other activity in the Public Area. NCH is not responsible for the consequences of any communications in the Public Areas. Answers to any submissions by you, whether provided by us or other users, are for informational purposes only. If you submit a question, you agree that any responses are intended as general advice only. The answers and any other content herein are not intended to be a substitute for professional maintenance, repair, operations and technical advice. Always seek the advice of an appropriate qualified and fully trained maintenance, repair, operations or technical expert. Therefore, you are solely responsible for making sure that the responses and your reliance thereupon are appropriate for your situation and you are solely responsible for ensuring that your actions with regard to that situation are prudent. NCH shall not have any liability based upon any responses to your submissions, even if such responses are from NCH. All blogging and other related activity in the Public Area should be respectful and comply with any applicable laws. You should not disclose any confidential, proprietary, non-public or trade secret information about NCH or its business associates (including suppliers and customers) or otherwise violate NCH's policies on confidential information.
System Integrity. In accessing or using this web site, you agree that you will not: a) interfere, damage, limit, interrupt, destroy or attempt to interfere, damage, limit, interrupt or destroy the complete, full, timely and proper working and functionality of this site or service or its infrastructure, host or network, b) use any device, software, routine, malicious code, repeated "hacks" or "attacks" bot, spider, virus or other similar item on or in the site or its infrastructure, host or network; c) impose or attempt to impose any unreasonable or disproportionately large load on this web site or its infrastructure, host or network, including without limitation, spamming, overloading, mailbombing, denial of service attacks, "spam", crashing, phreaking or other unsolicited overload techniques; d) use this web site to send advertising, promotions, solicitations, viruses or other information to other users or persons; e) violate any law or encourage or advocate conduct which would violate any law, infringe upon the rights of others, or give rise to civil liability; or f) modify, remove, delete, or copy any part of this web site.
Passwords. This site has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts relating to this Site. It is your sole responsibility to a) control the dissemination and use of activation codes and passwords, b) authorize, monitor and control access to and use of your account and password, and c) promptly inform us of any need to deactivate a password. You grant NCH the right to transmit, monitor, retrieve, store and use your information in connection with the operation of this site.
Children's Privacy. We are committed to protecting the privacy of children. You should be aware that this site is not intended or designed to attract children under the age of 12. We do not collect personally identifiable information from any person we actually know is under the age of 13.
Intellectual Property. This site, its content, design and graphics and all intellectual property rights associated therewith are owned by NCH © 2012 NCH All rights reserved. Permission is granted to view and access a single copy of this site for use as a resource for your personal use only and for no other purpose. Any other use is prohibited. You may not copy (other than set forth above), reproduce, reverse engineer, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the site, in whole or in part. All trademarks, service marks, trade names, graphics, and logos (collectively, the "Marks") are owned by NCH and its affiliates or by other respective owners that have granted NCH the right and license to use such marks. NCH prohibits your use of any Marks contained in this site.
Disclaimer. The site and its content, including without limitation, text, graphics, and links, are provided "AS IS" and without warranties. You expressly agree that the use of the site is at your own risk. To the fullest extent permitted by law, NCH disclaims all representations and warranties, whether express or implied, statutory or otherwise. NCH specifically disclaims implied warranties of merchantability, fitness for a particular purpose, fitness for an intended use and non-infringement. Without limiting the foregoing, NCH makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Site, its content, submissions and responses. NCH does not warrant or represent the results that may be obtained from the use of the site. NCH does not warrant or represent that the site or its content is accurate, suitable, complete, or up-to-date, nor that access to or use of the site or the server which makes it available will be uninterrupted, error-free, or free of viruses or other harmful components. NCH is not liable or responsible for any infections, contaminations, delays in operation or transmission, line failures, errors, omissions, interruptions, lack of availability, or defects arising out of your use of the site or with respect to the material provided or contained in the site. This site may contain typographical errors and NCH is not liable for such errors. To the extent applicable and transferable, NCH transfers any manufacturer's warranties to you.
Limitation of Liability. In no event is NCH liable to you for any damages (including personal injury, wrongful death, lost profits, property damages, special, indirect, incidental, consequential damages, direct, exemplary, loss of data, loss of business, punitive or other damages of any kind even if NCH knew, should have know or is or was advised of the possibility of such damages) resulting from the use of or inability to use the site or its contents, information, submissions or responses or the use or reliance thereof, whether based on warranty, contract, tort, negligence or any other theory. Without limiting the above, NCH shall only be liable to you to the extent of actual damages incurred by you, capped at $1,000. Any claim arising in connection with your use of this Site or its content, submissions, or responses must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these terms are exclusive and are limited to those expressly provided herein. You specifically agree that NCH is not liable for any defamatory, offensive or illegal conduct of any user. NCH is not liable for our supplier's performance or lack of performance or late or missed delivery dates. If you are dissatisfied with the site, your sole and exclusive remedy is to discontinue use of the site. Some jurisdictions may not permit disclaimers or limitations set forth herein, in which case NCH's liabilities are limited to the fullest extent permitted by applicable law. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
Links and External Sites. This site may contain from time to time advertisements, references, links or pointers to other sites owned and operated by third parties or others ("Linked Sites"). By using such a link, you agree that NCH does not endorse and is not responsible for the content of the Linked Sites, availability of such sites, or the actions or omissions of its owners or operators. You access such Linked Sites at your own risk. You should contact the site administrator or Webmaster for such Linked Site if you have any concerns regarding such links or the content thereof.
Jurisdiction and Choice of Law. The site has been created and is owned and operated by NCH Corporation, from its offices at 2727 Chemsearch Boulevard, Irving, Texas 75062. The laws of the State of Texas, United States shall govern this site, these terms and conditions and any dispute related thereto, without regard to conflict or choice of law rules. Use of this site is unauthorized in any jurisdiction that does not give effect to all of these Terms, including without limitation this paragraph.
Arbitration. Any controversy, dispute or claim brought by you against NCH or its parent corporations, subsidiaries, affiliates, directors, officers, agents, suppliers, representatives shall be resolved by binding arbitrations in accordance with the international commercial arbitration rules of AAA. Any such controversy, dispute or claim brought by you shall be arbitrated on an individual basis and shall not be consolidated with any other controversy, dispute or claim. The arbitration shall be conducted in Dallas, Texas, USA and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Entire Agreement. These Terms constitute the entire agreement between you and NCH with respect to this site and it supersedes all prior agreements between you and NCH with respect to this site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any court proceedings as a business record generated and maintained in printed form.
Severability. If any of these Terms is declared to be illegal, invalid or unenforceable, such provision(s) will be severed from this document. The remaining Terms shall remain in full force and effect as if such severed provision(s) was (were) never a part of these Terms.
Violation of Terms. If you violate these Terms, you agree to defend, indemnify and hold NCH, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions, demands, liabilities, damages, and settlements, including, without limitation, reasonable legal fees, resulting from your violation of these Terms. NCH may terminate or suspend your right to use or access this site immediately without notice, in the sole discretion of NCH, if you fail to comply with the Terms, if we are unable to verify or authenticate any information you supply or release to us, or for any other conduct that is harmful to the interests of another user, third-party provider, or NCH or its merchants, suppliers or customers. In the event of such termination, you are no longer authorized to access any portion of the Site. Serious violations of these Terms and any relevant NCH's policy may result in termination of your employment with NCH.