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The following is the
terms of the agreement between the party viewing this site and the International
Isocyanate Institute ("III"). If you do not agree to these terms,
you should not review any information or obtain any documents from this
site, so please review these terms carefully:
- Introduction.
Users agree to the terms and conditions outlined in this Terms of Use
Agreement ("Agreement") with respect to the information and
content provided by the III site (the "Site"). This
Agreement constitutes the entire and only agreement between III and
a user of the Site ("User"), and supersedes any and all prior
or contemporaneous agreements, representations, warranties, and understandings
with respect to the Site, the content provided by or through the Site,
and the subject matter of this Agreement. Users agree to
review this Agreement prior to reviewing any information or obtaining
any documents.
- Copyright.
The content, organization, gathering, compilation, magnetic translation,
digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, and other proprietary (including
but not limited to intellectual property) rights, and, the copying,
redistribution, use or publication by a User of any such content or
any part of the Site, except as allowed by Section 3, is prohibited.
The User does not acquire ownership rights to any content or document
obtained by or through the Site.
- Limited
Right to Use. The viewing or downloading of the content of
the Site grants the User only a limited non-exclusive license for use
solely by the User for his or her own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative
works or other use. No part of any content, form or document may be
reproduced in any form, including but not limited to by photostat, microfilm,
xerography, digitally, or incorporated into any information retrieval
system, electronic or mechanical, other than for the User's personal
use (but not for re-sale or re-distribution).
- Editing,
Deleting, and Modification. III reserves the right in its
sole discretion to edit or delete any documents, information, or other
content appearing on the Site.
- Indemnification.
User agrees to indemnify, defend and hold III and its staff and affiliates
(together "Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable attorney's fees, related
to a User's violation of this Agreement or use of the Site.
- Non-Transferable.
User's right to use the Site is not transferable. Any password given
to User to obtain forms is not transferable.
- Disclaimer.
THE DATA, INFORMATION, ARTICLES, MONOGRAPHS AND OTHER MATERIAL (THE
"MATERIAL") FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS,"
"AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE MATERIAL MAY CONTAIN BUGS, VIRUSES, ERRORS OR OTHER PROBLEMS OR
LIMITATIONS. III AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR
A USER'S USE OF ANY MATERIAL IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, III AND ITS AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN III AND USER. THIS SITE
AND THE MATERIAL WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
- The Material
within the Site or available through the Site is for informational
purposes only and is not intended to provide medical, toxicological,
environmental or scientific guidance with reference to any particular
situation. No representations, warranties or guarantees whatsoever
are made as to the accuracy, currentness, completeness, adequacy,
reliability, suitability or applicability to a particular situation
of any of the Material.
- The Site is
provided and the Material is licensed with the understanding and
agreement that III and its affiliates are not hereby engaged in
rendering any professional services. If expert professional assistance
is required, the services of a competent professional should be
sought. User assumes all responsibilities and obligations with respect
to any decisions or advice made or given as a result of the use
of any material.
- All responsibility
or liability for any damages caused by viruses contained within
the electronic file containing the form or document is disclaimed.
- Use
of Information. III reserves the right, and Users authorize
III, to the use and assignment of all information regarding Site uses
by User and all information provided by User.
- Miscellaneous.
This Agreement shall be treated as though it were executed and performed
in New York, New York, and shall be governed by and construed in accordance
with the laws of the United States of America and of the State of New
York (without regard to conflict of law principles). Any cause of action
of User with respect to the Site (and/or information, forms and agreements,
thereon) must be instituted within six (6) months after the cause of
action arose (if any) or be forever waived and barred. All actions shall
be subject to the limitations set forth in Section 7. The language in
this Agreement shall be interpreted as to its fair meaning and not strictly
for or against either party. All legal proceedings arising out of or
in connection with this Agreement shall be brought solely in New York,
New York, and User expressly submits to the exclusive jurisdiction of
said courts and User consents to extra-territorial service of process.
Should any part of this Agreement be held invalid or unenforceable,
that portion shall be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties and the
remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Failure of
III to enforce any provision of this Agreement shall not be deemed a
waiver of such provision nor of the right to enforce such provision.
This Agreement may only be amended in a writing that specifically refers
to this Agreement, executed by both parties hereto.
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