The materials on this web site ("Site") are provided by The Euclid Chemical Company, RPM International Inc. or one of its subsidiaries or affiliates (Euclid) as a customer service. By downloading, viewing, copying, printing or otherwise using any part of the Site, you agree to these Terms of Use. If you do not agree with these Terms of Use, please do not download, view, copy, print or otherwise use any part of the Site. These Terms of Use may be revised at any time by updates to this page. When using certain services on the Site, you and we will be subject to any posted guidelines or rules applicable to such services, which may be posted and updated from to time. All such guidelines and rules are hereby incorporated by reference into these Terms of Use.
USE OF THE SITE
By visiting, or otherwise using, the Site:
- You represent that you are of legal age to form a binding contract, and are not a person barred from using the Site under the laws of the United States or any other applicable law;
- If you are using the Site on behalf of your employer, you represent that you are authorized to do so.
CONDUCT
You agree to abide by the following rules for use of the Site.
- You may not use the Site in such a manner as to violate any applicable law.
- You may not use the Site or any hardware, software, or equipment of Euclid for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Euclid or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
- You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Euclid.
WE MAY, IN OUR SOLE DISCRETION, TERMINATE OR SUSPEND ACCESS TO ALL OR PART OF THIS SITE FOR ANY REASON, INCLUDING FAILURE TO COMPLY WITH THESE TERMS OF USE, OR IN ORDER TO PREVENT OR MITIGATE HARM TO THE PERSON OR PROPERTY OF YOU, OTHER USERS OF THE SITE, Euclid, OR THIRD PARTIES, OR AS REQUIRED BY LAW.
CONTENT
We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, Euclid, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so.
LINKS TO OTHER SITES
The Site may contain links to other websites. Euclid has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, its owner’s products or services, or any forward-looking statements contained therein.
OWNERSHIP
All materials on the Site that are created or provided by Euclid, including text, graphics, logos, icons, and images, are the property of Euclid or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Euclid and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of Euclid. We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved. Euclid, the Euclid logo, and property are the trademarks of Euclid. The other trademarks, service marks, and logos used on the Site are trademarks of Euclid or others.
SUBMISSIONS
By submitting ideas, suggestions, documents, and/or proposals ("Submissions") to Euclid through its suggestion or feedback web pages, via email, or otherwise, you acknowledge and agree that: (a) your Submissions do not contain confidential or proprietary information and Euclid is not under any obligation of confidentiality, express or implied, with respect to your Submissions; (b) you grant to Euclid a perpetual, irrevocable license to use or disclose such Submissions for any purpose, in any way, in any media worldwide, including in developing, manufacturing or marketing products or services, but Euclid is under no obligation to use or disclose your Submissions; (c) Euclid may have something similar to the Submissions already under consideration or in development; and (d) you are not entitled to any compensation or reimbursement of any kind from Euclid in connection with the Submissions under any circumstances.
EQUITABLE RELIEF
You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Euclid shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.
Disclaimer of Warranties
THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, Euclid EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE. Euclid MAKES NO WARRANTY THAT (a) THAT THE SITE WILL MEET YOUR REQUIREMENTS; (b) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS CODE; (c) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (d) THAT ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED. No information or advice obtained through the Site, or any other affirmation of Euclid, by words or actions, shall constitute a warranty.
You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Euclid assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site.
IN NO EVENT SHALL Euclid’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THESE TERMS OF USE EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL Euclid BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, (a) BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON Euclid IN CONNECTION WITH THESE TERMS OF USE; (b) THE USE OF OR INABILITY TO USE THE SITE; AND (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; AND (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ELSEWHERE, OR YOUR RELIANCE ON THE SAME]. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.
Euclid shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond Euclid’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
GOVERNING LAW
This contract shall be governed by and construed under the laws of the State of Ohio, without regard to its conflicts of laws principles. Except as set forth in the "Equitable Relief" provision of these Terms of Use, the sole jurisdiction and venue of any action related to these Terms of Use shall be the Ohio state courts and the United States federal courts in Cuyahoga County, Ohio, and you agree to submit to the personal and exclusive jurisdiction of these courts.
GENERAL PROVISIONS
All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of Euclid. These Terms of Use are not assignable by you without Euclid’s prior written consent. The waiver by Euclid of any breach or default shall not be deemed to be a waiver of any later breach or default. The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time. If any provision or portion of these Terms of Use are held to be invalid or unenforceable, the other provisions and portions shall not be affected. The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of these Terms of Use.
The Euclid Chemical Company
19218 Redwood Road
Cleveland, OH 44110