Welcome to the www.PeroxyChem.com website. This website and any mobile application for it is operated and provided by PeroxyChem LLC. This Access Agreement (“Agreement”) outlines for you the terms and conditions (“terms”) on which our website is provided to you. Please read these terms carefully before using the website. Using the website indicates that you accept the terms of this Agreement and they become legally binding on you. If you do not accept these terms, please do not use the website. You might want to print yourself a copy of these terms so that you can remind yourself of what you agree to.
We are PeroxyChem LLC of 2005 Market Street, Suite 3200, Philadelphia, PA 19103, USA.
1.1 This Agreement takes effect at the time you begin using this website. By using the website you indicate your acceptance of these terms. PeroxyChem reserves the right at any time and for any reason to deny any user access to this website, and, to terminate this Agreement without notice to you.
2. LICENSE & INTELLECTUAL PROPERTY RIGHTS
2.1 You can print and download some material from the website for your own non-commercial use only on the following basis:
(a) No documents or related graphic images on the website are modified in any way;
(b) No graphics or images on the website are used separately from the corresponding text; and,
(c) PeroxyChem’s copyright and trade mark notices appear on all copies.
2.2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on the website (including without limitation photographs and graphic images) are owned by PeroxyChem or its licensors. All the material on this website is protected by United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national and international laws and regulations. Except as provided in clause 2.1, PeroxyChem does not grant any express or implied right(s) to users of this website. The contents of this website are Copyright ©2014 PeroxyChem. All Rights Reserved. Removing or altering the copyright notice on any material on this website is prohibited. PeroxyChem also owns a copyright in this website as a collective work and/or compilation, and in the selection, coordination and arrangement of this website’s content.
2.2.2 The following trade marks: ADVENTUS, AMBIROX, AOBAFOS, AOCOSM, AOPACK, AOPER, AOSULF, AV-DEFENSE, BIOPER, BLITZ, CLARITY, DARAMEND, DUROX, EHC, ELS, GREENGREENS, HRS, K-LINK, KLOZUR, NETZERO2, O H P, OXYPURE, PERADIGM, PERLOXI PLUS, PERMEOX, PERNOXIDE, QUALITAINER, SOLIFLIX NATURE, SPECTRUM, SUPER D, TERRAMEND, VIGOROX, and all other names, logos and icons, identifying PeroxyChem and/or its products and services are proprietary marks of PeroxyChem. Other product and company names mentioned herein may be the trademarks of their respective owners.
2.3 For the purpose of this Agreement, any use of the extracts from the website other than in accordance with clause 2.1 for any purpose is prohibited. If you either breach any of the terms in this Agreement, or use this website for any unlawful purposes, your permission to use this website automatically terminates and you must immediately destroy any download, electronic or hardcopy copies.
2.4 Subject to clause 2.1, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without PeroxyChem’s prior written permission, except for one copy in the cache of your device to enable you to enable you to access the website.
2.5 Any rights not expressly granted in these terms are reserved.
2.6 If you wish to use materials and information (including screen-shots of this website) which go beyond the scope of this licence (as stated in clause 2.1), please contact Director of Global Communications and Public Affairs at +1-866-860-4760 or email info@PeroxyChem.com
3. SERVICE ACCESS
3.1 We’ll do our best to make sure that the website is normally available 24 hours a day. However, we will not be liable if for any reason the website is unavailable at any time or for any period.
3.2 Access to the website may be suspended temporarily and without notice if there is a system failure, maintenance or repair or for reasons beyond our control.
4. VISITOR CONTROL
4.2 You are prohibited from posting or transmitting to or from this website any material: (a) that is unlawful, fraudulent, misleading, threatening, defamatory, libellous, obscene, vulgar, indecent, seditious, offensive, sexually explicit, pornographic, profane, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or, which may cause annoyance or inconvenience; or, (b) for which you have not obtained all necessary licences and/or approvals; or, (c) which constitutes or encourages conduct that would be considered as “phishing” (whether primary or secondary) or as a criminal offense, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in any country in the world; or, (d) which is technically harmful, including, without limitation, denial of service attacks, computer viruses, Trojans, worms, harmful components, corrupted data or other malicious software or harmful data.
4.3 You are prohibited from monitoring content on PeroxyChem’s website by means of robots, spiders, or other automatic instruments, except that you may monitor the content of the website through general purpose search engines, and, non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the website, provided that they do so from a stable IP address or range of IP addresses using an easily identifiable agent.
4.4 PeroxyChem reserves the right at its absolute discretion to co-operate with any law enforcement authorities, regulatory bodies or court orders requesting or directing PeroxyChem to disclose the identity or locate anyone posting any material.
4.6 You may not misuse this website. Consequently, any actual or attempted misuse by you of this website, including in any of the ways mentioned in clauses 4.2 and 4.3, or any other unauthorised use, may result in criminal and/or civil prosecution.
5. OUR CONTENT
From time to time we may include on the website, and in related social media postings such as on Twitter, LinkedIn and Facebook, case-studies or testimonials from the users of PeroxyChem’s products and services. We will take care to ensure that this content is fair and accurate. However, it is not possible to verify all of the testimonials our users send to us. We want to be open and transparent about the relationships that we have with anyone who endorses our products and services and if you would like more information about this at any time, please just ask (using the contact details referred to in clause 2.6).
7. LINKS TO AND FROM OTHER WEBSITES
7.1 Links to third party websites are provided solely for your convenience. We have not reviewed all of these third party websites and we do not control and are not responsible for these websites or their content or availability, including their privacy policies. PeroxyChem therefore expressly disclaims any responsibility for all aspects of these websites and other relevant issues relating to them. Further, PeroxyChem does not endorse or make any representations about these websites, or any material found there, or any results that may be obtained from using them. If you therefore decide to access any of the third party websites linked to this website, you do so entirely at your own risk.
7.2 if you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page of the website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the PeroxyChem logo;
(b) you do not create a frame or any other browser or border environment around the website;
(c) you do not in any way imply that PeroxyChem is endorsing any products or services other than its own;
(d) you do not in any way misrepresent your relationship with PeroxyChem nor present any other false information about PeroxyChem;
(e) you do not otherwise use any PeroxyChem trade marks without express written permission from PeroxyChem;
(f) you do not link from a website that is not owned by you; and,
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
7.3 PeroxyChem expressly reserves the right to revoke any right granted by this Agreement for breach of these terms and to take any action it deems appropriate.
7.4 You shall fully indemnify PeroxyChem for any loss or damage suffered by PeroxyChem or any of its group companies for breach of this clause.
We do our best to make the website interesting and interactive. From time to time we may make content available for download including video and audio files. These files are likely to take longer to download than simple text or images and you may need to download additional software onto your device. Be aware of the fact that if you pay for the amount of data that you download, or the time it takes to download, this may mean that you will pay more. If you access this material on a network, this could slow the network down and may be monitored by your network administrators as a result. You should be particularly careful when accessing the website on a mobile device such as an iPhone, Blackberry or iPad, especially if you are away from your home country and your provider charges you more when you are in that location. We will not be responsible for any charges you incur in accessing our website.
9. SAMPLE REQUESTS
If you request a sample from us then you should understand that it is only a request and we are not obliged to fulfil the request or acknowledge it. Sample requests are currently limited to residents of the USA and Canada. Please do not request a sample if you are not from those countries. Samples will be transported to you at our expense, but if you wish to return them you will have to pay postage and packaging charges. If any additional expenses are incurred – like duties or taxes – then you will be responsible for these too. You can only use our samples to evaluate our products in a responsible manner. We give no guarantee that any sample supplied via our website will be of merchantable quality or fit for the purpose that you have in mind for them. The product descriptions on the sample request area of our website are indicative only and we give no warranties that they will match the product description outlined on the website.
10.1 While we try to make sure to ensure that the information we provide is correct and up-to-date, we do not warrant the accuracy and completeness of the material we provide. PeroxyChem may make changes to the material on the website, or to the products/services and prices shown in it, at any time without any notice. The material on the website may be out of date, and PeroxyChem makes no commitment to update that material.
10.2 The material on the website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, PeroxyChem provides you with the website on the basis that PeroxyChem excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care) and which, but for this Agreement, might have effect. As a user of this website you therefore assume the sole risk of making use of and/or relying on the information and materials made available on this website.
10.3 While PeroxyChem has endeavoured to create a secure and reliable website, unfortunately, the transmission of information over the internet is not completely secure. Although we will do our best to protect your personal data, PeroxyChem cannot guarantee the security of your data transmitted to our site. Any transmission is therefore made at your own risk. Once we have received your information, we will use our own procedures and security measures to try to prevent unauthorised access.
11.1.1 In no event will PeroxyChem be liable to you or a third party for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, resulting from, or in connection with the website in any way, or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on those websites, including but not limited to loss or viruses that may infect your equipment, software, data or other property on account of your access to, use of, or browsing the website or your placing of any material on the website or your downloading of any material from the website or any websites linked to the website.
11.1.2 These limitations and exclusions will be the case even if PeroxyChem has been advised of the possibility of damages. Because some states/jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply.
11.1.3 These limitations and exclusions apply without regard to whether the damages arise from breach of contract, tort/negligence or any cause of action. If you are dissatisfied with the website, you do not agree with any part of these terms, then your sole remedy against PeroxyChem is to discontinue using the website. Nothing in these terms shall exclude or restrict PeroxyChem’s liability for death or personal injury resulting from its negligence, nor from fraud or fraudulent misrepresentation on the part of PeroxyChem.
11.2 In using this website you expressly absolve and release PeroxyChem from any claim of harm resulting from a cause beyond its control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, acts of terrorism, wars, or governmental restrictions.
11.3 If your use of material on the website results in the need for servicing, repair or correction of equipment, software or data, you assume all those costs.
11.4 PeroxyChem in its sole discretion may post the advertisements of third parties on this website. Your correspondence or any other dealings with advertisers found on this website are solely between you and these advertisers. PeroxyChem will not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of those advertisers on this website. Further, you will not interfere with the display of those advertisements.
You agree to defend, indemnify, and hold harmless PeroxyChem against any claims brought by third parties, relating to or arising from, either: your use of this website; or, any material that you provide to this website; or, any breach by you of this Access Agreement. You agree to cooperate as fully as reasonably required in PeroxyChem’s defense of any claim. PeroxyChem reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of PeroxyChem.
13. OTHER TERMS
13.1 PeroxyChem may revise this Agreement at any time by updating it. You should check the website from time to time to review our terms since they are binding on you, and, your continued use of the website is your acceptance of any changes made to it.
13.2 PeroxyChem’s failure to act with respect to a breach of these terms by you or others does not waive PeroxyChem’s right to act with respect to subsequent or similar breaches.
13.3 The invalidity of any of the terms in this Agreement will not affect the validity of any of the other terms. Should any of these terms be deemed to be invalid or unenforceable, including the disclaimers and the liability exclusions set out in the agreement, then the invalid or unenforceable provision(s) will be considered as superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these terms will continue in effect.
13.4 No joint venture, partnership, employment or agency relationship exists between you and PeroxyChem as a result of this Agreement or your use of this website.
13.6 Any information that you provide to this website must be accurate and truthful.
14. APPLICABLE LAW, GOVERNING LAW AND JURISDICTION
14.1 Your access to this website is governed by all applicable federal, state and local laws.
14.2 This Access Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of Pennsylvania, as applied to agreements entered into and completely performed in the State of Pennsylvania. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of Pennsylvania, and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts.
14.3 This website is controlled and operated by PeroxyChem from its offices within the United States. PeroxyChem makes no representation that materials in this website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this website are illegal is prohibited. Those who choose to access this website from other locations do so of their own volition and are responsible for compliance with applicable local laws.