Effective Date: February 15, 2016
Acceptance of Terms
By accessing, browsing, and/or using the Site, regardless of whether accessed via computer, smart phone, mobile device or otherwise, you acknowledge that you have read, understand, and agree to be bound by these Terms, and further agree to comply with all applicable laws and regulations. If you do not agree with these Terms, you may not use the Site.
These Terms are the complete and exclusive agreement between you and OMNOVA concerning your use of the Site, and supersede and cancel all other agreements, communications, and understandings pertaining to your use of the Site.
OMNOVA reserves the right to replace, amend or modify these Terms from time to time. You agree that OMNOVA may notify you of such amended Terms by making them accessible via a link from the home page of the Site and your use of the Site thereafter constitutes your acceptance of the same.
OMNOVA strives to provide accurate and useful 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 disclaims any liability for any such material, data or information provided on or through the Site, including for any errors or omissions therein.
Although it may elect to do so, OMNOVA is under no obligation to record or retain any material, data or information on or associated with the Site, regardless of any requests to do so.
You agree that your use of the Site will be solely for lawful purposes and will not result in any violation of 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 use of the Site are expressly and strictly forbidden:
- (i) engaging in 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) sending unsolicited bulk or commercial messages from or through the Site;
- (vi) copying or distributing copies of the Site or its contents, in whole or in part, by means of a robot, spider or other automated device, other than via authorized social sharing functions, without OMNOVA’s permission; and
- (vii) uploading commercial content on the Site.
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 OMNOVA, in its sole discretion, believes has violated any of these Terms or applicable law.
Information You Send to Us
Except for any personally identifiable information collected from you under the guidelines established in the OMNOVA Solutions Inc. Online Privacy Statement, 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 and 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.
All materials on the Site created or provided by OMNOVA, including text, graphics, logos, icons, and images, are the property of OMNOVA or its licensors, 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 individual use only, provided that you do not remove or alter any trademark, service mark, logo, or any copyright or other intellectual property notices. You may also share content from the Site via authorized social sharing functions. 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 trademarks may be found at trademarks.
All rights not expressly granted in these Terms are reserved.
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.
Disclaimer of Warranties
OMNOVA products and services are offered and sold subject to OMNOVA’s Product Sale Terms and Conditions. No information obtained from the Site, in any form, shall create any warranty.
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 AVAILABLE, 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 OR SUPPORTS 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 not 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.
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, SAMPLE, 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.
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 use of or any account on the Site, including negligent or wrongful conduct), whether initiated by you or any other person accessing the Site using your account.
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 advertising or promoting 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 hereby agree to submit to personal and exclusive jurisdiction of these courts and waive any objection to venue therein.
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.