“Kaneka,” “We,” “Us” or “Our” means Kaneka North America LLC or its parent or affiliates.
“Site” means this website and any and all content, software, data, information and materials contained therein.
“You” or “Your” means the legal or natural person for which you are accepting these Terms.
- USE OF THE SITE
You may use this Site only for purposes expressly permitted by this Site. As a condition of your use of the Site, You agree to use the Site only for lawful purposes and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party (including copyright, trademarks and other intellectual property rights, and rights of confidentiality or privacy). As such, You must not (by way of example and not limitation) do any of the following
- modify, copy, download, reproduce, republish, broadcast, transmit, distribute, display, license, create derivative works from, transfer, or sell, in any manner whatsoever, any material, information, content, software, products, or services obtained from or otherwise connected with the Site;
- frame or co-brand the Site, through the use of a name, logo, trademark, or identification of any party, in such a manner as is reasonably likely to give the impression that such the other party has the right to perform any of the acts contained in subsection (a); or
- send any materials which contain viruses, worms or any other destructive elements.
- LINKS TO THIRD PARTY WEB SITES
From time to time, the Site may contain links to third party web sites. You acknowledge and agree that:
- We are not responsible for the availability of such third party web sites;
- The content of such third party web sites is beyond our control;
- We neither endorse, make any representations nor accept any liability (whether direct or indirect) for such third party web sites or their content, products or services offered at those web sites, or by their sponsoring companies.
- INTELLECTUAL PROPERTY
All material or content, as well as all copyrights, trademarks and other intellectual property rights vested in such material or content, supplied as part of the Site shall remain at all times vested in Kaneka or its licensors. You are permitted to use this material or content only as expressly authorized in writing by us or our licensors and may not agree nor assist or facilitate any third party to copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material or content. Modification or use of the Site, except as expressly provided herein, violates Kaneka’s intellectual property rights. Neither title nor intellectual property rights are transferred to You by access to this Site.
You hereby grant to Kaneka the royalty-free, perpetual, irrevocable, worldwide, nonexclusive right and license to use, modify, copy, download, reproduce, republish, broadcast, transmit, distribute, display, license, or create derivative works from, in any manner whatsoever, any material, including but not limited to remarks or suggestions, communicated to Kaneka through this site, and to incorporate any such material in other works in any form, media, or technology now known or later developed. Kaneka will not be required to treat any material as confidential, and may use any such material in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Kaneka operations.
We reserve the right to terminate your access to all or part of this Site, at our sole discretion, with or without notice. If You wish to terminate this agreement, you may simply discontinue use of this Site.
- DISCLAIMER OF WARRANTIES
THE SITE AND THE INFORMATION ON THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. We do not warrant or make any representations related to the use or the results of the use of materials hosted on the Site. Kaneka does not warrant that the servers that make this website available will be error, virus or bug free and You accept that it is your responsibility to make adequate provision for protection against such threats.
- LIMITATION OF LIABILITY
The Site is to be used at your own risk. KANEKA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSSES AND BASED ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, OR ANY INFORMATION, PRODUCT OR SERVICE ON A LINKED WEBSITE. Some jurisdictions do not allow the limitation or exclusion of certain implied warranties, liability, incidental or consequential damages, so certain provisions of this Agreement may not apply to you.
- CHOICE OF LAW AND JURISDICTION
These terms shall be interpreted and governed by the laws of the State of Texas, without reference to its conflict of laws principles. If any provision of these terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms. You expressly agree that exclusive jurisdiction for any dispute with Us or in any way relating to your use of this website, reside in the state or federal courts in Houston, Texas.
Kaneka reserves the right to makes changes, modifications, amendments, and/or updates to this Site or any terms of this Site. When these changes are made, Kaneka will make a new copy of such terms available on this Site. Changes to the terms shall be effective when posted. You understand and agree that continued use of the Site after the terms have changes will be treated as your acceptance of the updated terms.