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The
Polyform Products Company Web Use Agreement
This is a binding agreement (this “Agreement”)
between you and Polyform Products Company (“PPC”).
Please read the following legal notice and the related
PPC Privacy Policy, the terms of which
are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of any information
submitted to PPC by PPC in accordance with the terms of
and for the purposes set forth in the Privacy Policy. Review
this Agreement carefully as it applies to your access and
use of this Web site. By accessing this Web site or any
pages hereof, you acknowledge your agreement with and your
understanding of this Agreement. This Agreement, as well
as applicable laws, statutes, ordinances and regulations,
govern any access and use of the PPC Web site.
TERMS AND CONDITIONS.
Governing Law: This Agreement and its performance is
governed by the laws of the state of Illinois, United
States of America, without regard to its conflict of
laws provisions. You consent and submit to the exclusive
jurisdiction of the state and federal courts located
in Cook County, Illinois, United States of America, in
all questions and controversies arising out of this Agreement
and your use of this Web site.
Assignment: You may not assign, convey, subcontract
or delegate your rights, duties or obligations
hereunder.
Modification: PPC may, at any time and in its sole
discretion, modify this Agreement for any reason
and without any
prior notice. Your continued use of this Web site
will be conditioned upon the version of this
Agreement in
affect at the time of you access this Web site.
Severability: This Agreement is severable. If any
provision is determined to be unenforceable or
invalid, such
provision shall nonetheless be enforced to the
fullest extent permitted
by applicable law, and such determination shall
not affect the validity and enforceability of
any other
remaining
provisions.
Headings:
The headings used in this Agreement are included by
convenience only and will not limit
or otherwise
affect this Agreement.
Entire Agreement: This Agreement, together with
any terms incorporated or referred to herein
constitute the entire
understanding between us relating to the subject
matter hereof, and supersedes any prior understandings
or
agreements (whether oral or written) regarding
the
use of this Web
site, and may not be amended or modified except
in writing or by PPC making such amendments
or modifications
available
on this Web site.
DISCLAIMER AND LIMITATION OF LIABILITY.
THE
PPC WEB SITE, THE SITE CONTENT, AND THE PRODUCTS AND
SERVICES DESCRIBED ON THE
PPC WEB SITE OR
PROVIDED THROUGH PPC WEB SITE OR ANY WEB
SITE LINKED THROUGH
THE PPC WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS. THE USER OF THIS
WEB SITE IS RESPONSIBLE FOR EVALUATING
THE ACCURACY, COMPLETENESS,
RELIABILITY AND USEFULNESS OF ANY OPINIONS,
SERVICES OR OTHER INFORMATION PROVIDED.
USERS OF THIS WEB SITE
SHOULD CONSULT THEIR PROFESSIONAL ADVISORS
WITH RESPECT TO THEIR SPECIFIC CIRCUMSTANCES.
PPC MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND OR NATURE WITH
RESPECT TO THE INFORMATION OR CONTENT POSTED
ON ITS WEB SITE. PPC HEREBY
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES,
WHETHER EXPRESS OR IMPLIED, CREATED BY
LAW, CONTRACT OR OTHERWISE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT.
IN NO EVENT SHALL PPC OR ITS AFFILIATES,
VENDORS, OR THEIR RESPECTIVE DIRECTORS,
EMPLOYEES OR AGENTS BE LIABLE
FOR ANY DAMAGES OF ANY KIND, UNDER ANY
LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF, OR
INABILITY TO USE, ANY PORTION OF THE PPC
WEB SITE, ANY SITE CONTENT, ANY SERVICES
PROVIDED ON OR THROUGH THE
PPC WEB SITE OR ANY LINKED SITE, INCLUDING
ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING, BUT NOT LIMITED TO,
PERSONAL INJURY, LOST PROFITS OR DAMAGES
RESULTING FROM DELAY, INTERRUPTION
IN SERVICE, VIRUSES, DELETION OF FILES
OR ELECTRONIC COMMUNICATIONS, OR ERRORS,
OMISSIONS OR OTHER INACCURACIES
IN THE PPC WEB SITE OR ITS CONTENT, WHETHER
OR NOT THERE IS NEGLIGENCE BY PPC AND WHETHER
OR NOT PPC HAS BEEN
ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES.
Copyright
and Trademark Notice: This Web site is protected by
U.S. copyright laws, and may be protected by the copyright
laws of other countries and jurisdictions. Except as
specifically permitted below, any copy, reproduction,
display, performance or retransmission of the contents
of this site is strictly prohibited. Any use of the “Sculpey” trademark,
or any other trademarks, trade names and logos under
which PPC, its affiliates and divisions do business is
strictly prohibited absent its prior written consent.
In addition, the names, tradenames and trademarks of
third parties that may appear in this Web site are proprietary
to their respective owners and may be used only with
their express written permission. Any use whatsoever
of any materials on this Web site is strictly prohibited,
unless the prior written permission of PPC and/or the
appropriate third party has been secured. Limited permission
to view and cache using a browser and to print for non-commercial
purposes is hereby granted subject to this Agreement.
Except as permitted above, no license or right, express
or implied, is granted to any person under any patent,
trademark or other proprietary right of PPC.
Links:
The links from this Web site to other websites are
provided for your information and convenience only.
PPC does not assume any responsibility or liability with
respect to any website linked from this Web site (or
any website linking to this Web site), including its
content and operation. PPC does not review or monitor
such links. A link from this Web site to another website
(or a link from another website to this Web site) does
not constitute a referral, endorsement, approval, advertising,
offer or solicitation with respect to such website, its
contents, or any products or services advertised or distributed
through that website.
This
Web site may contain "links" to other
sites. While we make every effort to link only to those
sites that share our high standards and respect for privacy,
we are not responsible for the content or the privacy
practices employed by other sites.
Linking to this Web site (other than to the home page:
www.sculpey.com) without the express written permission
of PPC is strictly prohibited. To request permission
to link to specific content on this Web site, please
contact PPC in writing. PPC may cancel or revoke any
permission it may give to link to any content on the
PPC Web site at any time, for any reason, without any
prior notice, and without any liability to you or any
other person. Framing, mirroring, scraping or data mining
any content on this Web site in any form and by any method
is strictly prohibited.
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