Website Terms of Use

WEBSITE TERMS OF USE

THE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS"), ARE BETWEEN YOU AND LORAD CHEMICAL CORPORATION ("LORAD"), ON BEHALF OF ITSELF AND ITS SUCCESSORS, PARENTS, SUBSIDIARES, AFFILIATES, AND RELATED COMPANIES (COLLECTIVELY, THE "COMPANY", "WE", "OUR", OR "US"). THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS INTERNET WEBSITE (THE "WEBSITE"), WHICH IS OWNED AND OPERATED BY US. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, BY ACCESSING OR USING THIS WEBSITE (OTHER THAN TO READ THESE TERMS AND CONDITIONS FOR THE FIRST TIME) YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS, WHICH MAY BE AMENDED FROM TIME TO TIME. SUCH CHANGES ARE EFFECTIVE IMMEDIATELY AND IF YOU USE OR CONTINUE TO ACCESS THIS WEBSITE, AFTER SUCH CHANGES BECOME EFFECTIVE, SUCH USE OR ACCESS WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY ANY SUCH CHANGES. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE.

1. Use of the Website. This WEBSITE is provided by COMPANY and is available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, You are not permitted to use this WEBSITE. This WEBSITE is administered in the United States and any information that you submit through the WEBSITE will be stored in the United States. The laws and regulations in different countries may impose different or even conflicting requirements on the internet and data protection. If you are located in the European Union or elsewhere outside of the United States, your use of this WEBSITE is at your own risk and initative. You, not us, are responsible for compliance with any applicable local and national laws, which you are governed by. By using this website, you consent that:

A. Any personal or identifying information will be stored in the United States,

B. U.S. laws provide a comparatively lower standard of protection for personal data than other countries or supra-national entities such as the European Union,

C. and by using this WEBSITE, any personal and identifying information will be handled exclusively in accordance with the laws of the United States.

As such, you hereby waive and forever discharge any claims that may arise under the local or national laws and regulations that may apply to you in your jurisdiction or in any other country or jurisdiction other than the United States.

2. Prohibited Uses of the Website. This WEBSITE may not be used in a manner that violates any applicables laws or these TERMS AND CONDITIONS. By using this WEBSITE, you agree to comply with all applicable federal, state, and local laws, including, without limitation, intellectual property laws, the Computer Fraud and Abuse Act, the Federal Wire Fraud Statute, and the Electronic Communications Privacy Act.

3. Intellectual Property. This WEBSITE and its contents, including, without limitation, texts, illustrations, files, scripts, graphics, photos, logos, music, videos, information, content, materials, products, services, URLs, technology, documentation, interactive features, icons, images, sounds, or software (collectively, the "WEBSITE CONTENTS") and all intellectual property rights are owned or licensed by us. The WEBSITE CONTENTS are the exclusive property of the and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. You may, subject to any specific restrictions on particular material, display, download, or print portions of material from different areas of the WEBSITE solely for your own internal, non-commercial use and to purchase COMPANY products. The COMPANY may revoke any of the foregoing rights at any time. You may not, without the COMPANY's prior consent, mirror, frame, distribute, post, reproduce, publish, or otherwise transmit any WEBSITE CONTENT to any other server or website. Upon termination of any rights that may exist hereunder, your right to use the WEBSITE will stop immediately and you must, at our option, destroy any downloaded or printed materials. Unauthorized use of our WEBSITE CONTENT may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. Any uses other than those permitted are expressly prohibited.

4. Trademarks. All COMPANY Trademarks, service marks, trade names, and trade dress that appears on the WEBSITE are protected by applicable trademark laws and may not be used in violation of the COMPANY's rights. Nothing on this WEBSITE should be construed as granting any license or right ot use any trademark displayed on the WEBSITE without prior written consent of the trademark owner. The COMPANY prohibits any use of its logos or trademarks as a link to any non-COMPANY website without the prior written consent of the COMPANY.

5. No Rights Granted. Except for those rights granted to you in these TERMS AND CONDITIONS, you are not granted any right, title, or interest in the WEBSITE or any WEBSITE Content and the COMPANY reserves all rights not expressly granted.

6. Submitted Form Data. You agree and acknowledge that any and all information and content that you submit to this WEBSITE is true, accurate, and in compliance with all applicable laws and regulations. You further agree and acknowledge that you have the authority to provide such information and bind the entity or individual you are submitting such information or contents on behalf of to these TERMS AND CONDITIONS.

7. Hyperlinks to Third Parties. This WEBSITE may include hyperlinks to third party sites maintained or controlled by others. These hyperlinks are provided solely as a convenience to you and not as an endorsement by COMPANY of the contents of such linked websites. COMPANY makes no representations or warranties regarding the correctness, accuracy, performance, or quality of any content, product, or service found at any linked website. If you decide to access any linked website, you do so at your own risk.

8. Disclaimer of Warranty. COMPANY MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE OR THE INFORMATION PROVIDED HEREIN. THE USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND INFORMATION HEREIN IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, TITLE, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY AND ITS VENDORS MAKE NO REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, OR TIMLINESS OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED ON OR THROUGH THE USE OF THIS WEBSITE, THAT THIS WEBSITE IS OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THAT THIS WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED OR ERROR-FREE BASIS. NO INFORMATION OBTAINED FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY COMPANY IN THESE TERMS AND CONDITIONS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.

9. Equitable Relief. Notwithstanding any other provisions to the contrary, you agree that any breach of these TERMS AND CONDITIONS will result in an irreparable injury to the COMPANY that would be difficult to measure, therefore, upon any breach of these TERMS AND CONDITIONS, the COMPANY shall be entitled to obtain, from a court of competent jurisdiction, a temporary restraining order without prior notice, an injunction and/or other equitable relief without posting security or proving actual damages, in addition to all other remedies avaialble to it.

10. Indemnity. To the fullest extent provided by law, you agree to idemnify and hold harmless the COMPANY, its successors, vendors, and their respective directors, officers, shareholders, employees, and agents (collectively, the "INDEMNITEES"), from and against any and all losses, liabilities, costs, fines, demands, causes of action, damages, and expenses (including reasonable attorney's fees) arising out of or in any way related to your violation of law, breach of any provisions of these TERMS AND CONDITIONS, or your use of this WEBSITE or reliance on information found herein. The COMPANY reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section and you agree to cooperate with such defense.

11. Limitation of Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, COMPANY, ITS SUCCESSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND AGENTS, EXCLUDE AND DISCLAIM ANY LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTIAL, CONSEQUENTIAL, OR ANY DAMAGES HOWSOEVER CLASSIFIED, LOSS OF USE, LOSS OF DATA, LOSS OF PRIVACY, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, ANY WEBSITE WHICH WE HYPERLINK OR REFERENCE, OR THE USE OF INFORMATION, PRODUCT, OR SERVICE AVAILABLE ON THIS WEBSITE. YOU ASSUME COMPLETE RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK-UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF DAMAGES APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE INDEMNITEES' LIABILITY ARISING IN CONNECTION WITH THIS WEBSITE, THE INFORMATION CONTAINED HEREIN, OR THESE TERMS AND CONDITIONS, EXCEED ONE HUNDRED DOLLARS ($100). YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE OR THESE TERMS AND CONDITIONS MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED. SOME JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE LIMITATIONS OF DAMAGES PROVIDED HEREIN, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

12. Governing Law. Any claims relating to, and the use of, this WEBSITE and the materials contained herein are governed by the laws of Florida, without regard to its conflict of law principles. Except for the COMPANY's right to apply to a court of competent jurisdiction for a temporary restraining order, a preliminary injunction, or other equitable relief to preserve the status quo or prevent irreparable harm pending the appointment of an arbitrator, any dispute, controversy, or claim relating to or arising out of the use of this WEBSITE and the materials contained herein shall be determined by binding, confidential, and final arbitration in Pinellas County, Florida (unless the parties mutually agree to another location) before a single arbiter of the American Arbitration Association (the "AAA") who is either a practicing attorney or retired judge with at least five years of total work experience in the field of law involved in the dispute. If the parties cannot agree on an arbiter, then the AAA shall select an arbiter that meets the criteria stated herein. Arbitration shall use the procedural rules of the AAA appliable for the type of dispute. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. The arbiter shall have no authority to add to, modify, change, or disregard any lawful and reasonable terms of these TERMS AND CONDITIONS. The Arbiter shall issue a reasoned award and is not authorized to award punitive or other damages not measured by the prevailing party's actual damages. An award of damages shall include no pre-judgement interest. The arbitration judgement may be entered in any court having jurisdiction over the subject matter of the controversy. You agree that any claims relating to, and the use of, this WEBSITE and the materials contained herein may be brought against COMPANY only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

13. Modifications. The COMPANY may from time to time revise these TERMS AND CONDITIONS by updating this page on the WEBSITE. Amendments to the TERMS AND CONDITIONS are effective immediately upon posting. Continued use of this WEBSITE signifies your agreement to be bound by any such changes. The COMPANY is not obligated to provide notice of updates to the TERMS AND CONDITIONS, it is your responsibility to monitor this page for updates.

14. Assignment. You may not assign or delegate any rights or obligations under these TERMS AND CONDITIONS. The COMPANY may assign these TERMS AND CONDITIONS to any successor (whether direct or indirect, by purchase, merger, consolidation, or otherwise) to all or substantially all of the assets that relate to this WEBSITE.

15. Successors. These TERMS AND CONDITIONS are binding upon your assignees and successors and inures to the benefit of the COMPANY and its respective agents, successors and assigns.

16. No Waiver. No failure or delay to exercise any right, power, or privilege under these TERMS AND CONDITIONS shall constitute a waiver thereof nor will any single or partial exercise preclude any other or further exercise of any right, power, or privilege under these TERMS AND CONDITIONS. The COMPANY's failure to object to any document, communication, or act by you will not be deemed a waiver of any of the TERMS AND CONDITIONS.

17. Severability. In case any one or more provisions or parts of a provision contained in these TERMS AND CONDITIONS shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision or part of a provision of these TERMS AND CONDITIONS, and these TERMS AND CONDITIONS shall, to the fullest extent lawful, be reformed and construed as if such invalid or illegal or unenforceable provision, or part of a provision, had never been contained herein, and such provision or part reformed so that it would be valid, legal, and enforceable to the maximum extent possible.

If you have any questions or concerns regarding our Terms of Use, you may contact Lorad at:

Lorad Chemical Corporation
ATTN: General Counsel
1200 19th Street North
St. Petersburg, FL 33713

Last Updated: February 10, 2020