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Terms of Use
Terms of
Use
Please read these
Terms of Use carefully before using this web site. By using this site in any
manner, you acknowledge that you have read, understood and agree to be bound by
these Terms of Use. If you do not agree, you should not use this site. We may
change or revise this information at any time without notice, so please visit
this area each time you visit the web site to keep up-to-date with the current
Terms of Use. We may also, in our sole discretion, and at any time, discontinue
this web site or any part thereof without notice.
If products are
ordered or purchased via this web site, Terms of Sale may also apply to such
products. Such Terms will be displayed at the location of the site where the
ordering of products takes place.
1. Ownership and Operation
This web site belongs
to and is controlled by Henkel Corporation or one of its subsidiary or
affiliated companies ("Henkel").
2. Intended Geographic Scope
This web site and its
contents is controlled and operated from within the United States of America.
Access to this web site from territories where its content is illegal is
prohibited. Those who choose to access this web site from outside the United
States are responsible for compliance with all local laws applicable to them with
respect to the content and operation of this web site.
3. Privacy
For information on
how Henkel uses and protects the personal information you may provide on this
web site, see our Privacy Policy, which can be accessed from the home page of
this site.
4. Intellectual Property
It is Henkel policy
to enforce its intellectual property rights to the fullest extent of the law,
including seeking criminal sanctions. Except as otherwise noted, the
trademarks, logos and service marks (collectively, the "Trademarks")
displayed on this site are registered and unregistered trademarks that are
owned or licensed by Henkel Corporation, its subsidiaries or its affiliated
companies. Nothing on this site should be construed as granting, by implication
or otherwise, any license or right in or to the Trademarks without the express
prior written permission of Henkel. The entire content of this web site,
including but not limited to text, design, graphics, interfaces, logos,
trademarks, icons, images audio or video clips on this web site, and the
selection and arrangements thereof is copyrighted as a collective work under
United States copyright laws, and is the property of Henkel or its subsidiaries
or affiliates. No part of this web site may be copied, reproduced, republished,
posted or distributed in any way, except for non-commercial home use only,
provided you keep intact all copyright, trademark and other proprietary notices
on the materials (e.g., Copyright © 2006 Henkel Corporation. ALL RIGHTS
RESERVED.)
5. Submissions
Except for personal
information we may collect from you under the guidelines established in our
Privacy Policy, all remarks, suggestions, ideas, graphics, data, questions or
other information (including products and advertising ideas) communicated to
Henkel through this site or through electronic mail or otherwise will forever
be the property of Henkel, even if these Terms of Use are later modified or
terminated. This means that you disclaim any proprietary rights in such
submissions and you acknowledge that such information will not be treated as
confidential or proprietary and may be used by Henkel for any purpose,
including reproduction, transmission, publication broadcast and posting.
Additionally, by submitting an idea to us, you waive any right to compensation
of any type for that idea. We may from time to time monitor or review
discussions, chats, postings, bulletin boards and links on this web site, but
we are under no obligation to do so and assume no responsibility or liability
arising form the content of any such communications nor for any error,
defamation, libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy of any such communications. You are prohibited
from posting or transmitting any unlawful, threatening, libelous, defamatory,
obscene, scandalous, inflammatory, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any law.
6. Links
For your convenience,
this site may contain links to third party web sites not owned or operated by
Henkel. If you use these links, you will leave this site. Please note that
Henkel has no control over the content appearing on such third party sites. In
addition, while Henkel may provide you with a link to a third party web site,
it is understood that Henkel does not endorse, approve, sponsor or support such
sites. Further, Henkel shall not be responsible or liable, in any way whatsoever
for the content of such third party web site, or the consequences or damages
resulting from your use thereof. Please note that the privacy policies
applicable to such third party sites may differ significantly from the Henkel
Privacy Policy. If you decide to access any of these linked third party sites,
you do so entirely at your own risk.
7. Disclaimer of Warranties
THE MATERIALS AND INFORMATION IN THIS WEB SITE AND ANY
MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENKEL DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
HENKEL DISCLAIMS ALL LIABILITY AND ASSUMES NO RESPONSIBILITY FOR THE RESULTS OF
ANY DEFECTS OR INACCURACIES THAT MAY EXIST IN THE WEB SITE OR FROM ITS
OPERATION. HENKEL MAKES NO WARRANTY THAT (I) THE OPERATION OF THE WEB SITE WILL
MEET THE USER’S REQUIREMENTS; (II) ACCESS TO THE WEB SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER
HARMFUL COMPONENTS, OR BE FREE OF DEFECTS OR ERRORS; (III) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; OR (IV)
DEFECTS WILL BE CORRECTED. YOU (AND NOT HENKEL) ASSUME THE ENTIRE COST OF ALL
SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER
EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS
WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE. Some
jurisdictions do not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. You may also have different and/or additional
rights and remedies that vary from state to state.
8. Limitation of Liability
Under no circumstances, whether due to negligence or
otherwise, shall Henkel, including its directors, officers, employees,
affiliates, successors or assigns be liable for any damages or injury,
including any direct, indirect, special, incidental, consequential, punitive or
other damages, including but not limited to loss of data or profit, that may
result from the use of, or the inability to use, the web site or any materials
in this site, arising out of or in connection with the use or performance of
the website or information available in the web site. These include, but are
not limited to, damages or injury caused by error, omission, interruption,
defect, failure of performance, delay in operation or transmission, line
failure or computer virus, worm, trojan horse or other harmful component. Some
jurisdictions may not allow the exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations or exclusions
may not apply to you. However, in no event shall Henkel's total liability to
you for damages, losses, and/or causes of action exceed one hundred dollars
($100). Any claim or cause of action you may have with respect to this site
(including but not limited to the purchase of Henkel products) must be
commenced within one (1) year after the claim or cause of action arises.
9. Applicable Law/Place of Jurisdiction
These Terms of Use and any disputes arising under or related
to these Terms of Use (whether for breach of contract, tortious conduct or
otherwise) will be governed by the laws of the State of Delaware, without
reference to its conflicts of law principles. Any legal actions, suits or
proceedings arising out of these Terms of Use (whether for breach of contract,
tortious conduct or otherwise) will be brought exclusively in the state courts
of Delaware or the appropriate United States District Court for Wilmington,
Delaware, and you hereby accept and submit to the personal jurisdiction of
these Delaware courts with respect to any legal actions, suits or proceedings
arising out of these Terms of Use. You also waive to the fullest extent
permitted by law any right to a trial by jury in any action, suit or proceeding
brought to enforce, defend or interpret any right or remedies under, or arising
in connection with or relating to, these Terms of Use.
10. Downloaded Software
If you download software from this website, the software
and all files, images and data relating to the software is subject to the
license terms in the software license that accompanies or is provided with the
software. You do not own the downloaded software, and Henkel does not transfer
ownership of the software to you. You may not redistribute, sell, decompile,
reverse engineer, disassemble, or otherwise reduce the software to a
human-perceivable form.
11. Forward-looking Statements
This web site may contain statements that involve Henkel’s
intentions, expectations or predictions. Such statements reflect the views of
Henkel as of the date made with respect to future events and are subject to
risks and uncertainties. These statements could be inaccurate or could become
inaccurate as a result of developments occurring after their respective dates. Henkel
disclaims any intention or obligation to update or revise these statements.
12. Severability/No Waiver
If any provision of
these Terms of Use shall be found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
of Use and shall not affect the validity and enforceability of any remaining
provisions. No failure on the part of Henkel to enforce these Terms of Use
shall constitute a waiver of any of Henkel’s rights under these Terms of Use
whether for past or future actions on the part of any person.
[PRINTER FRIENDLY VERSION]
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