Website Terms of use, Disclaimer

This page was last updated Tuesday, August 26, 2008
TERMS OF USE & DISCLAIMER Website Use Policy
The SSPC: The Society for Protective Coatings ("SSPC") website, SSPC's products and services offered within the SSPC website and other SSPC wholly owned websites, web pages, affiliates, divisions and subsidiaries (the "Site"), and advertisers, third-party links, third-party affiliates, online partners, their products and services, and public areas within the Site are offered to you, the user, either an individual or company or anyone who uses the Site, including brokers, agents and others (hereinafter referred to as "User" or "Users"), "AS IS" at User's own risk, and without warranties or representations of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, and conditioned on acceptance of the terms, conditions, and notices contained herein. User access and use of this Site constitutes acceptance of these terms and conditions. Other rules, terms and conditions may be posted at various pages throughout the Site. Including rules relating to Corporate, Business and Internet Products and Services and Privacy Policy. These other rules, terms and conditions are as binding as this Website Use Policy ("Policy") and are incorporated into this Policy. SSPC may make changes to this Policy, to the content, materials at the Site, Site-related offers, products, services and prices described in them, and/or to terminateany offer, product or service, at any time without notice. You can review the most current version of the Policy at any time at: http://www.sspc.org/terms.html.
Limitation of Liability.
In no event will SSPC, its employees, associates, affiliates, subsidiaries, officers, directors, and/or authorized agents, be responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the use of the Site, the use of any third party site linked to the Site, or advertiser sites, or any of their products or services, including any risk to User's computer, software or data being damaged by any virus, software, or any other file which might be transmitted or activated via the Site or User's access to it, the inability to access the Site, site-related offers, products or services, content or information contained within the Site. As a condition of use of the Site, the User agrees to indemnify SSPC, its employees, associates, affiliates, subsidiaries, officers, and/or authorized agents, against any and all liability, expenses (including attorney's fees) and damages arising out of claims resulting from User's use of the Site, the use of any third party site linked to the Site, and/or advertiser sites, including without limitation any claims alleging facts that if true would constitute a breach by User of this Website Use Policy terms and conditions. The User's sole remedy is to stop using the Site and the offers, products and services within the Site and Site related web pages.
Ownership and Use of Content.
The SSPC Site its copyrighted in its entirety. The copyright in this Site (except for certain material that is made available through association or material which is part of the public domain), contents, including, without limitation, all graphics, text, and computer programs contained therein, the underlying code, the pages displaying this Site and the arrangement of the Site is owned by SSPC, unless otherwise indicated. You may view the information and use the products and services offered on this Site, but you cannot copy, modify, print, or distribute, any of the pages, text, images, or content from this Site for any purpose; unless otherwise specified, doing so is a violation of SSPC's copyrights and other proprietary rights. Registered and Unregistered Trademarks. All Site related logos and service marks displayed on the Site and other related sites and on SSPC material are the property of SSPC. The SSPC logos, including, other SSPC Site related logos (collectively the "The SSPC Trademarks") are trademarks or service marks of SSPC. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by SSPC or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the SSPC Trademarks displayed on this Site, without SSPC's prior written permission in each instance. We prohibit use of any of the SSPC Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by SSPC in writing. All goodwill generated from the use of the SSPC Trademarks will inure to our benefit.
Third Party Sites, Products, Services, Links, Listings, Postings.
There are third party sites, links, listings, products and/or services, business search engine, business directory, postings, material and information from Users, vendors, suppliers, third-party affiliates, online partners, advertisers, lenders, brokers, airlines, airfare booking service providers, travel related service providers, long distance service providers and other communication service providers, credit card providers, individuals, representatives, and others contained in the Site ("Third-Party", "Third-Party Link" or "Third-Party Links"), including pointers and links from Third-Party sites to other Internet websites. Certain products and/or services offered by SSPC or a SSPC owned website may be through affiliation with a Third-Party site. Users use of any Third-Party Link, their products and/or services, and/or business dealings with any Third-Party Link is at User's own risk. The Third-Party Links are published in good faith without verification. SSPC does not assume any responsibility or liability for any information, communications, materials, products or services available at Third-Party Links, or at any linkcontained in a Third-Party Link site, or any listing or posting within the Site or Third-Party Link site, or any business dealings between any User and a Third-Party Link or others. The User's correspondence or business dealings with any Third-Party Link, or participation in promotions of advertisers, Third-Party Link sites, links on SSPC Storefront or affiliated websites, other Users or any other Third-Party site, product, service, listing or posting found on or through the Site or Third-Party Link site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is/are solely between the User and such Third-Party Link site, advertiser, other User or other third party site. The User agree that SSPC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, Third-Party Link sites, and/or any other third party links, other Users and others on the Site. All Users are advised to check Third-Party Link and their website(s), their rules, regulations, policies and procedures, advertiser links, other Users, their listings, individuals and representatives, representations, ads, messages, products and/or services, and carefully check companies, merchants, Third-Party Link sites, other Users, advertisers, and details before entering into any agreement of any kind with, and/or making payments to, any company, Third-Party Link, other User, advertiser, any other third party site, and/or others, and before disclosing personal information. If in doubt, please consult with an attorney or do not use the service. SSPC can refuse or cancel any Third-Party Links, any listing, posting, or messages at any time without notice, or can amend the contents of any Third-Party Link, listing, posting, or messages at its sole discretion without notice. SSPC does not endorse or refer any Third-Party Link, listing, posting or any other material or information of any third party or any User. These Third-Party Links, sites, listings, postings, materials and/or information are not referrals or endorsements by SSPC. Once a User links to a Third-Party Link site or access a product or service provided by or through a Third-Party Link site or other third party links, the User has left the SSPC Site. Each individual Third-Party Link site has or may have its own set of policies, terms and conditions. User assumes sole responsibility for use of any Third-Party Links, their products and/or services, listings, postings, advertiser sites, and other links and pointers. Third-Party Link prices, fees and rates posted on the Site or on any Third-Party Link site are subject to change without prior notice. Users are advised to confirm with Third-Party Link the prices, fees and rates and to read and understand the terms and conditions of product(s) and/or service(s) before signing for any Third-Party Link product(s) and/or sevice(s). SSPC's services and Third-Party Links may not be used for illegal purposes, or in support of illegal activities. SSPC reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong. Public Areas - The SSPC Site may provide from time to time Public Areas, which may include bulletin boards, directories, online division websites, other web pages, affiliated sites, where Users can post their projects, products, services, information, companies, jobs, resumes, requests, equipment, comments, opinions, or other materials or items ("Posting"), for purposes that includes, but not limited to, marketing, advertising, sales, promotions, finding or offering employment, listing or posting products or services, posting projects, deals, discussions with other Users or others, consideration by third parties, others, and/or other Users, business to business discussions, networking, advise, comments or other reasons. Posting(s) are posted at User's own risk. SSPC is not responsible for any Posting whatsoever, or for any relationship that may be established between Users of the Site, third parties, lenders, brokers, and/or others or for any advise given by any User or others to another User or others. SSPC reserves the right to review any Posting and to reject, delete or edit any of them, for any reason, at any time without notice. Users may ask for advise, assistance or pose questions to other Users, business people, professionals, advertisers, lenders, brokers, and/or others ("Advisor") via the SSPC Site or through relationships established via the SSPC Site.Any questions answered, product or service and/or any advise or opinion that any Advisor give to any User is Advisor's own advise, product, service and/or opinion and not that of SSPC. Each Advisor is solely responsible for the advise, information and/or opinions that Advisor gives to any User and others. An Advisor may give advise or opinions of financial, legal, or other professional issues, however, Users should not treat the Advisor's response as a financial, legal, or professional advice. A professional advise or opinion can only be given by a qualified professional who is fully aware of a User's specific situation and particular circumstances and requirements. An Advisor may have a personal or professional interest in certain businesses, services or products, that Advisor may be connected with or recommends. Therefore, Users should be aware that such interests may influence any advice or opinion given by an Advisor. The User's correspondence or business dealings with any other User, Advisor, Third-Party Link, or any other person or entity, including payments of any kind and/or delivery of related goods or services, and/or any other terms, conditions, warranties or representations associated with such dealings, are at User's own risk and solely between the User and other party. The User agree that SSPC shall not be responsible or liable for any loss or damage of any sort incurred by the User as the result of User's dealings with any third party, Third-Party Link, Advisor, other User, or any other person or entity for any reason whatsoever. Additional risks arise out of dealings with foreign nationals, underage persons or people acting under false pretense or making deceitful representations. Because user authentication on the Internet is difficult, SSPC cannot and does not confirm that each User who accesses this Site is who they claim to be. Users are advised that before disclosing any information to a third party, Advisor, other Users, Third-Party Link, or any other person or entity to first check the other party carefully, and all details before entering into any agreement of any kind with any third party, Advisor, other Users, Third-Party Link, person or entity, and before making payments of any kind. If in doubt, please consult with an attorney. SSPC does not take responsibility for any Posting that may be listed incorrectly. If you find any errors in your Posting(s), please notify us via e-mail, so that corrections can be made immediately. Public Areas within the Site are offered for convenience only.
Further Disclaimer.
User acknowledges that no affiliation, joint venture, partnership, employment or agency relationship, association or any other relationship whatsoever exists between the User of this Site and SSPC as a result of this Agreement or use of this Site. User agrees not to hold himself or herself out as a representative, agent, or employee of SSPC and SSPC shall not be liable for any representation, act or omission of the User. Legal Disclaimer - Governing Law and Remedy. The products and services offered at the Site are available only to Users who can form a legally binding contract under applicable law, and are void where prohibited or restricted by law. This Site may be used only for lawful purposes. SSPC controls and operate this Site from its offices within the State of Pennsylvania, United States of America. SSPC does not claim that products, services and materials in this Site are available for use in locations other than states in which said products, services and materials are authorized. A User choosing to access this Site from other locations, do so on own initiative, and is responsible for compliance with any and all applicable laws. This Policy and these terms and conditions shall be governed by and construed in accordance with the substantive law of the state of Pennsylvania, United States of America, without regard to conflicts of laws provisions.
ARBITRATION AS EXCLUSIVE REMEDY: ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, USE OF THE SITE, THIS POLICY OR THESE TERMS AND CONDITIONS, OR THE INTERPRETATION, VALIDITY, ENFORCEMENT, BREACH OR TERMINATION THEREOF, SHALL BE RESOLVED BY ARBITRATION IN PENNSYLVANIA IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. Notwithstanding any provision of law to the contrary, it is expressly agreed that the arbitrator shall have no power to award treble, punitive, consequential or any other damages in excess of compensatory damages and each party hereby irrevocably waives any right to assert or to recover any such damages. The arbitrator's award shall be final and binding between the parties, their successors and assigns and, notwithstanding any other choice of law provision in this Policy or these Terms and Conditions, all issues regarding the arbitration process, specifically including the enforceability of the arbitrator's award, shall be governed by the United States Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered solely in the state and federal courts located in Pennsylvania, Pennsylvania and the parties hereby irrevocably consent to the jurisdiction of these courts for that purpose. ACCEPTANCE OF THESE TERMS AND CONDITIONS CONSTITUTES SPECIFIC ACCEPTANCE IN WRITING OF ARBITRATION AS SET FORTH IN THIS PARAGRAPH AS THE EXCLUSIVE REMEDY FOR RESOLUTION OF DISPUTES IN ACCORDANCE WITH THE PROVISIONS OF THIS PARAGRAPH. THE USER EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SSPC EXPRESSLY DISCLAIMS ALL 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. b. SSPC MAKES NO WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCT(S), SERVICE(S), INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THROUGH A THIRD-PARTY LINK SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE, THIRD-PARTY LINK SITE OR PRODUCTS AND/OR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SSPC OR THROUGH OR FROM THE SITE, THIRD-PARTY LINK SITE OR PRODUCTS AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS POLICY. THE USER EXPRESSLY UNDERSTAND AND AGREE THAT SSPC, ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, DIVISIONS, AFFILIATES, AND/OR SUBSIDIARIES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY OR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SSPC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) DEALINGS BETWEEN USER AND ANY THIRD PARTY LINK SITE, ADVERTISER, OR ANY OTHER COMPANY OR ENTITY LINKED TO THE SSPC SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY LINK SITE, ANY OTHER SITE LINKED TO THE SITE, ADVERTISER, OTHER USERS, OR PRODUCTS OR SERVICES; OR (vi) ANY OTHER MATTER RELATING TO THE SITE, THIRD-PARTY LINKS, ADVERTISERS, PRODUCTS AND/OR SERVICES. THE MATERIALS OR CONTENT AT THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SSPC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SSPC RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. SSPC MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
Severability.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitation set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue ineffect. Indemnification. User agrees that it shall defend, indemnify, save and hold SSPC harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against SSPC, its agents, its customers, officers and employees, that may arise or result from any product or service provided or performed or agreed to be performed or any product or service sold or purchased by User, its agents, employees or assigns. User agrees to defend, indemnify and hold harmless SSPC against Liabilities arising out of (i) any injury to person or property caused by any product(s) or service(s) sold or purchased or otherwise distributed in connection with SSPC; (ii) any material supplied by User infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which User sold or purchased via the SSPC website or a Third-Party Link site. Notices. Except with respect to service of process, all notices may be sent by e-mail to the e-mail address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. Inquiries. Please direct inquiries about the Site to our Webmaster. Please click here to access Webmaster Submission Form.