SITE USE AGREEMENT
General Terms and Conditions
This Web site (“the Site”) is owned and maintained by Davis Colors, a Huntsman NA, Inc. brand, and/or other affiliates of Davis Colors/Huntsman NA, Inc. (collectively, “Davis Colors”). By accessing or using this Site, you unconditionally agree to be bound by all of the terms, conditions and notices contained in this Site Use Agreement. Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in particular areas of the Site and, together with these general terms and conditions, govern your use of those areas. These general terms and conditions in this Agreement, together with such additional terms and conditions where applicable, are referred to as this “Agreement.”
By using the Site, you express your understanding and agreement that you are bound by these general terms and conditions. By using areas of the Site on which other terms and conditions are posted, you express your understanding and agreement that you are bound by those terms and conditions as well. If you are unwilling to be bound by these general terms and conditions, do not use the Site. If you are unwilling to be bound by terms and conditions applicable to particular areas of the Site, do not use those areas.
By using the Site, you also express your understanding and agreement that you are responsible for complying with all applicable laws and regulations, including export and re-export control laws and any applicable local laws. Accessing or using any portion or feature of the Site from any territory where such portion or feature of the Site is illegal is prohibited.
Davis Colors reserves the right to revise this Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions. By continuing to use the Site after such revisions are made, you express your understanding and agreement to such revised terms.”
Davis Colors Intellectual Property
The Site and all of its contents (including but not limited to all text, images and software) are the property of Davis Colors or its licensors and are protected by United States and international copyright, trademark and/or other laws. Davis Colors reserves all intellectual property rights not expressly granted under this Agreement.
The material and information on the Site may contain technical, typographical or other errors or inaccuracies (including errors, inaccuracies or omissions relating to product or service descriptions, pricing or availability) and may not be complete or current, DAVIS COLORS DOES NOT WARRANT THAT ANY MATERIAL OR INFORMATION ON THE SITE IS ACCURATE, COMPLETE OR CURRENT, Davis Colors may change any material or information on the Site at any time without prior notice, but Davis Colors does not make any commitment to update material or information on the Site, DAVIS COLORS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE, LAWFUL OR APPROPRIATE FOR ACCESS OR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES AND ITS TERRITORIES AND POSSESSIONS, Davis Colors has not reviewed all of the sites to which links appear on the Site and is not responsible for their contents, The inclusion of any such link on the Site does not imply endorsement by Davis Colors of any linked site, the use of which is at the user’s own risk.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF ITS CONTENT ARE MADE AVAILABLE BY DAVIS COLORS “AS IS,” WITH ALL FAULTS, AND WITHOUT ANY WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED. ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, UNINTERRUPTED USE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR ACCURACY, SECURITY OF INFORMATION, OR RELIABILITY, ARE SPECIFICALLY EXCLUDED AND DISCLAIMED. USERS OF THE SITE ASSUME ALL RISK AS TO THE QUALITY, ACCURACY, SUITABILITY, AVAILABILITY AND PERFORMANCE OF THE SITE AND ITS CONTENT AND ACKNOWLEDGE THAT THE SITE AND ITS CONTENT MAY BE REVISED, ALTERED AND CHANGED FROM TIME TO TIME. DAVIS COLORS DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR ANY DAVIS COLORS WEB SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
DAVIS COLORS ASSUMES NO LIABILITY FOR LOSS OR DAMAGE HOWSOEVER RESULTING FROM ANY USE OF OR RELIANCE UPON THE SITE OR ITS CONTENT. IN NO EVENT WILL DAVIS COLORS BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, LOST DATA, BUSINESS INTERRUPTION, OR OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR CLAIMS (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF OR RELATING TO THE SITE, ITS CONTENT, THE USE THEREOF, OR THE INABILITY TO USE THE SITE, EVEN IF DAVIS COLORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IF ANY WARRANTY DISCLAIMER OR LIMITATION ON LIABILITY IN THIS AGREEMENT IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF DAVIS COLORS UPON ANY CLAIM (WHETHER IN CONTRACT, IN TORT, OR OTHERWISE) ARISING OUT OF THE SITE, ITS USE OR ITS CONTENT SHALL NOT EXCEED ONE THOUSAND DOLLARS ($1,000.00).
U.S. Government Restricted Rights
The Site and its contents are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) in The Rights in Technical Data and Computer Software Clause at DFARS 252.227-7013, or subparagraphs (c)(1) and (2) of the Commercial Computer Software — Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Davis Colors, 3700 E. Olympic Blvd., Los Angeles, California 90023-3123.
Applicable Law and Dispute Resolution
Davis Colors maintains and operates the Site from its facilities in California in the United States of America. Use of the Site and its contents, all transactions arising from use of the Site, and this Agreement, shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States of America and the state of California, without giving effect to any principles of conflict of laws. Any dispute between Davis Colors and any user of the Site will be venued in a state or federal court situated within the state of California, and user hereby irrevocably submits to the personal jurisdiction of such courts for that purpose. The parties hereby agree to exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
Every provision of this Agreement shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Agreement so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Agreement, and all other provisions shall remain in full force and effect. Any section headings or titles in this Agreement are inserted for convenience only and shall have no other meaning. This Agreement, sets forth the entire agreement and understanding between Davis Colors and the user of the Site regarding the subject matter hereof and supersedes any prior representations, advertisements, statements, proposals, negotiations, discussions, understandings, or agreements regarding the same subject matter.
Copyright and Trademark
All Site content is © 2009 Davis Colors/Huntsman NA, Inc.. All rights reserved. Note that any product, process or technology described in the Site content may be the subject of other Intellectual Property rights reserved by Davis Colors, and are not licensed hereunder. User may not distribute, modify, copy, reproduce, publish, license, create derivative works of, transfer, or sell any Site content, except for the user’s personal, non-commercial use. Site content may not be used on any other Web site. Davis Colors, the Davis Colors logo, Chameleon and Concrete Palette are all trademarks of Huntsman NA, Inc. Los Angeles, California. All other marks are property of their respective owners.