OMNOVA Terms of Use

Select any of the following links to learn more about Terms of Use for the OMNOVA Solutions web site:

Terms of Use

Acceptance of Terms

Content

Conduct

Information You Send to Us

Ownership

Links to Other Sites

Disclaimer of Warranties

Limitation of Liability

Indemnification

Global Availability & Applicability Laws

General Information

Terms of Use

The following terms of use as well as terms of the OMNOVA Privacy Policy (collectively “Terms”) apply to the web site found at www.omnova.com and to other web sites provided by OMNOVA Solutions Inc. (“OMNOVA”) or its subsidiaries, including the OMNOVA web site you are currently using (the “Site”).

Please carefully read these upon visiting or otherwise using the Site.

Return to Top

Acceptance of Terms

Any use by you of the Site constitutes your acceptance of these Terms; if you do not agree with all these Terms, do not use the Site. Use of the Site is expressly conditioned upon your assent to all these Terms.

These Terms are the complete and exclusive agreement between you and OMNOVA concerning your use of the Site, and they supersede and cancel all previous agreements, communication, and other understandings pertaining to your use of the Site.

OMNOVA reserves the right to replace, amend or modify these Terms from time to time. Your use of the Site after any such replacement, amendment or modification constitutes acceptance of the same.

Return to Top

Content

OMNOVA uses reasonable efforts to provide accurate information on and through the Site. Nevertheless, OMNOVA does not guarantee the accuracy, integrity, timeliness or quality of any material, data or information that you find on or in connection with the Site.

OMNOVA has no liability for any such material, data or information, including for any errors or omissions in the content provided on or through the Site.

Although it may choose to do so at its option, OMNOVA is under no obligation to record or retain any of material, data or information on or associated with the Site, regardless of any requests to do so.

Return to Top

Conduct

You agree that your use of the Site will be solely for lawful purposes and will be conducted in such a manner that you violate no applicable laws or regulations.

OMNOVA makes no representation that access to the Site is permitted under the laws of your country, and access to the Site is prohibited anywhere such access would violate local law. You are responsible for compliance with all applicable laws governing your access to the Site.

The following acts in connection with or uses of the Site are expressly and strictly forbidden:

  • (i) performing any manner or form of harassment;
  • (ii) impersonating others, including an OMNOVA employee, host, or representative or a Site visitor or member;
  • (iii) uploading, distributing, or other publishing of content which is libelous, defamatory, obscene, threatening, invasive of privacy, abusive, constitutes or encourages illegal conduct, violates the rights of any party, or otherwise gives rise to liability;
  • (iv) destroying, disrupting or interrupting any software, hardware or any part of the Internet, including denial of service attacks, imposition of an unreasonable or disproportionately large load on our infrastructure, or virus dissemination;
  • (v) monitoring or copying web pages of the Site or its contents by means of a robot, spider or other automated device without OMNOVA’s advance, express written permission.
  • (vi) uploading commercial content on the Site; and
  • (vii) using the Site to solicit others to join or become members of another commercial online service or other organization.

You agree to comply strictly with all United States export laws, including but not limited to United States Export Administration Laws and Regulations, and assume sole responsibility for obtaining licenses to export or re-export data as may be required. Diversion of any materials on this Site contrary to United States law is prohibited.

OMNOVA reserves the right to prohibit use of the Site by any person(s) who, in its sole discretion, it has a good faith belief has violated any of these Terms or applicable law.

Return to Top

Information You Send to Us

Except for any personally identifiable information collected from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site (“Transmissions”) will be considered non-confidential and non-proprietary. OMNOVA has no obligations with respect to Transmissions.

OMNOVA and its designees are free to copy, disclose, distribute, incorporate and otherwise use Transmissions and all data, text, and other things embodied therein for any and all purposes.

Return to Top

Ownership

All materials on the Site created or provided by OMNOVA, including text, graphics, logos, icons, and images, are the property of OMNOVA or its 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 OMNOVA and is also protected by United States and foreign intellectual property laws.

You may download, view, copy and/or print materials on this Site for personal use only, provided that you do not remove or alter any trademark, service mark, logo, or any copyright or other intellectual property notices. Otherwise, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site in any form or by any means without the prior written consent of OMNOVA.

OMNOVA reserves the right to revoke any of the rights granted in these Terms at any time, and those rights automatically terminate if you violate any of these Terms. Upon revocation or termination of such rights, you must destroy any digital or printed copies obtained from any portion of the Site. Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions.

OMNOVA and the OMNOVA logo are the trademarks of OMNOVA. Other trademarks, service marks and logos used on the Site are trademarks of OMNOVA or others. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without the prior written consent of OMNOVA. The designations ™, ®, ©, SM or any other intellectual property symbols reflect registration and/or use in the context of United States laws as they relate to such intellectual property symbols.

All rights not expressly granted in these Terms are reserved.

Return to Top

Links to Other Sites

The Site may contain links to other web sites. OMNOVA has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other web sites Any such links do not necessarily constitute an endorsement of or any representation regarding the linked web site, its content, its owner, its performance, or its owner’s products or services.

Return to Top

Disclaimer of Warranties

All OMNOVA products and services are offered and sold subject to the Standard Terms and Conditions of Sale set forth in this Site. Refer to the OMNOVA Standard Terms and Conditions of Sale Agreement and to any writing on the Site, or on paper, in a document identified as a “WARRANTY,” for terms and conditions applicable to the purchase of goods and services from OMNOVA. No information or advice obtained from the Site, whether oral or written, shall create any warranty not expressly stated herein.

THE SITE AND ALL OMNOVA WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OMNOVA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OMNOVA MAKES NO WARRANTY THAT:

  • (i) THE SITE WILL MEET YOUR REQUIREMENTS;
  • (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
  • (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE;
  • (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED, OBTAINED, OR TRANSFERRED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, DESIRES, OR NEEDS; or
  • (v) ANY ERRORS IN THE SOFTWARE WHICH COMPRISES THE SITE WILL BE CORRECTED.

Your use of any material distributed, downloaded or accessed from the Site is at your own risk and discretion. You are solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. OMNOVA assumes no responsibility, and is liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site, any of its material, or any other site to which the Site is linked.

Return to Top

Limitation of Liabilities

IN NO EVENT WILL OMNOVA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS (EVEN IF OMNOVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM
(i) THE USE OF OR INABILITY TO USE THE SITE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED, OBTAINED, OR TRANSFERRED OR SOUGHT TO BE PURCHASED, OBTAINED OR TRANSFERRED THROUGH OR FROM OMNOVA;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; or
(v) ANY OTHER MATTER RELATING TO THE SITE OR SERVICE PROVIDED BY OMNOVA.

OMNOVA SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM UNDER THESE TERMS WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND OMNOVA’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. SOME PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Return to Top

Indemnification

You agree to indemnify, defend, and hold harmless OMNOVA, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Return to Top

Global Availability & Applicable Laws

The Site may contain references to OMNOVA products, services or programs that are not available in your country and, if so, such references should not be construed as announcing such products, services or programs in your country.

Use of the Site and any claim relating to it or its contents are governed by laws of the State of Ohio and controlling federal law of the United States of America, without regard to conflict of laws provisions.

Sole jurisdiction and venue of any action related to these Terms shall be the courts of the State of Ohio and the United States federal courts having within their jurisdiction the location of OMNOVA’s principal place of business, and you and OMNOVA agree to submit to personal and exclusive jurisdiction of these courts.

Return to Top

General Information

Any failure by OMNOVA to exercise or enforce any term, provision, or right established by these Terms shall not constitute a waiver of such term, provision, or right.

If any term or provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the term or provision shall be limited or interpreted in such a manner as to render it and the remaining terms and provisions valid and enforceable to the maximum extent allowed by law.

These Terms do not create an agency, joint venture, or employment relationship, and you do not have the right to bind OMNOVA in any respect whatsoever.

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in these Terms are for convenience only and do not have any legal or contractual effect whatsoever.


© 2003-05 OMNOVA Solutions Inc.
All rights not expressly granted in these Terms of Use are reserved.

Return to Top