Terms & Conditions

WEBSITE TERMS OF SERVICE 

Revised 8/6/2020

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE.

1. YOUR ACCEPTANCE

Welcome to EntecPolymers.com (the “Site”), the website owned and operated by Entec Polymers (“Entec”, “we” “our”, or “us”). This Agreement governs your access to and use of the Site’s services (“Service” or “Services”). Please read these Terms of Service before using the Site. Your access to and use of the Site, are subject to and governed by your agreement to our Terms of Service, and our Privacy Policy https://www.entecpolymers.com/terms.

This site is intended for users living or residing in the United States of America. If you are a resident of the European Economic Association, please leave this site and visit https://www.ravago.com.

THIS TERMS OF SERVICE INCLUDES A BINDING ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS WITH RESPECT TO ANY DISPUTE WITH US (DISCUSSED IN SECTION 14 BELOW).

By using the Site, you acknowledge that you accept and agree to be bound and abide by these Terms of Service, and our Privacy Policy https://www.entecpolymers.com/terms, and that you are entering into a binding contract (the “Agreement”) with us governing your use of the Site and any Services available on it.

If you do not agree to these Terms of Service or the Privacy Policy https://www.entecpolymers.com/terms, please exit and do not use the Site.

By using the Site, you represent and warrant that you meet the foregoing requirements. If you do not meet these requirements, you must not access or use the Site.

Changes to Terms of Service: We may revise these Terms of Service https://www.entecpolymers.com/terms from time to time in our sole discretion without advance notice. In the event these Terms of Service are modified, we will post all amendments on the Site and indicate the date of modification. All such amendments are effective immediately upon posting, and apply to access to and use of the Site thereafter. By using the Site, you acknowledge and agree (a) that it is your responsibility to read the most current version of our Terms of Service before using the Site to ensure that you agree to any changes made; (b) the standard for notice of changes to these Terms of Service are reasonable; and (c) to be bound by any modifications to these Terms of Service prior to your continued use of the Site.

2. PRIVACY

Please review our Privacy Policy https://www.entecpolymers.com/terms, which is incorporated by reference and which also governs your use of the Site to understand our practices. You must agree to the both our Terms of Service as well as our Privacy Policy https://www.entecpolymers.com/terms.

3. WEBSITE CONTENT AND USE

Site Content. Unless otherwise noted, the Site, all of the information, content, user submitted content, services and software displayed on, transmitted through, or used in connection with the Site, including, but not limited to, text, images, articles, opinions, reviews, images, illustrations, photographs, videos, audio clips, advertising, scripts, software, data compilations, and related materials, as well as their arrangement and the Site’s “look and feel” (collectively, “Content”) are protected under applicable copyright, trademark and other proprietary and intellectual property laws, and belong to Entec Polymers, our licensors, suppliers, rightsholders, or other content providers. The compilation of all content included or made available through your access to or use of the Site is protected by United States and international copyright laws. The copying, rearrangement, redistribution, modification, use or publication by you in any medium, directly or indirectly, except as set forth in these Terms and Conditions is strictly prohibited.

The domain EntecPolymers.com, the Entec logo, and any Entec or EntecPolymers.com service marks or trademarks are the property of Entec Polymers. The EntecPolymers.com domain, and Entec logo and service mark may not be used in manner unless approved in advance, in writing by Entec Polymers.

License. Subject to your compliance with these Terms of Service, Entec or our content providers, grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services provided by the Site for your use as provided herein. We may terminate this license at any time and for any reason.

Restrictions. You may use the service provided by the Site online (“Services”), subject to the following restrictions: You may not (a) remove any trademark, copyright or other proprietary notice contained on the Site in such Content; (b) modify, use, reproduce, distribute, create derivative works of, republish, download, store, or transmit any of the Content, including but not limited to any product listings, descriptions, prices and/or images, or any information derived from the Content, for any commercial purpose, sale or rental, whether for your own benefit or the benefit of a third party; (c) decompile, reverse engineer, disassemble, tamper with or bypass any software available through or security associated with the Site; (d) transfer the Content to another person any commercial purpose, sale or rental. If you do not agree to these Terms of Service, do not access the Site or use the Platform.

All rights not expressly granted to you in these Terms of Service are reserved and retained by Entec, or our licensors, suppliers, rightsholders, or other content providers. Any use of the Site or Content other than as expressly permitted by these Terms of Service is a breach of these Terms of Service.

If you wish to use the Site other than as set out in this section, please address your request to: Communications@EntecPolymers.com.

Site Access. We reserve the right, in our sole discretion to remove or change the Site and/or the Content or products available on it, at any time and without notice. We will not be liable for any such changes, nor if all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site or use of the Platform, or the entire Site, to users.

Intellectual Property Complaints. We respect the intellectual property of others, and reserves the right to terminate your access to the Site if, in connection with your use of the Site, you act in a manner that violates intellectual property rights associated with this Site.

Registered Users. To access portions of the Site or some of the resources it offers, you may be asked to provide certain registration information. It is a condition of your use of the Site that the information you provide is correct, current, and complete. You agree that the information you provide for such registration is governed by our Privacy Policy https://www.entecpolymers.com/terms, and consent to all actions we take with respect to your information consistent with our Privacy Policy https://www.entecpolymers.com/terms.

If you choose, or are provided with, a user name, password, or any other identifying information as part of our security procedures, you must treat such information as confidential and not disclose anyone. You also acknowledge that your registered account is personal to you and agree not to provide any other person with access to the Site through the use of your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other credentials or Personal Information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

4. PROHIBITED USES

You agree not to use the Site:

For any unlawful purpose of in violation or any applicable law;

  • To send or transmit any advertising or promotional material [without our prior written consent], including any “junk mail”, “chain letter”, “mass mailings” or any form of “spam” or unsolicited commercial electronic messages, and any other commercial, political or religious solicitation or campaigning;
  • To impersonate Entec, Entec Polymers, EntecPolymers.com or any Entec, Entec Polymers, EntecPolymers.com representative, or any other person or entity;
  • In a way that could disable, overburden, damage, or impair the Site, interfere with the ability of others to use the Site, or that may, as determined by us, harm EntecPolymers.com or users; and that would violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights.

In addition, you agree not to:

  • Create a false identity on the Site, misrepresent your identity, or use or attempt to use another’s account;
  • Imply or state that you are affiliated with or endorsed by EntecPolymers.com or Entec, without our express, written consent;
  • Use any automatic device, software, process, routine or means (i) to access the Site for any purpose, including monitoring or copying any content from the Site or for any unauthorized purpose; and/or or (ii) that interferes with the proper working of the Site;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful code or binary large object;
  • Attempt to gain unauthorized access to, interfere with, violate the security of, damage, or disrupt any part of the Site, any system resources, account passwords, the server on which the Site is stored, or any server, computer, database or other website connected to or accessible through the Site;
  • Attack the Site or otherwise attempt to interfere with its functionality; and
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Site or the Content on it, without Entec’s written, advance consent.

5. WEBSITE SECURITY RULES

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

6. THIRD PARTY CONTENT

The Site may publish or distribute Content supplied by third-party providers such as designers, contributors, users, reporting services, third-party licensors and software companies (collectively “Third Party Providers”). Responsibility for the accuracy and completeness of such Content lies solely with those Third Party Providers and is not guaranteed by EntecPolymers.com. Any opinions, advice, answers, statements, services, offers, or other information or Content supplied by Third Party Providers are solely those of the Third Party Provider supplying such Content. Third Party Content does not necessarily reflect our opinion.

Neither Entec nor EntecPolymers.com is the publisher of information supplied by Third Party Providers, and is therefore not liable for any delays, inaccuracies, errors or omissions in such Content. Given the volume of information posted by Third Party Providers, We cannot and does not monitor all of the information posted to the Site and assumes no duty to monitor the Site for inappropriate or inaccurate Content. Entec, EntecPolymers.com, our members, affiliates, employees and/or representatives shall not be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such Content. Notwithstanding the foregoing, we reserve the right to remove information provided by other Third Party Providers at any time in our sole discretion.

7. COOPERATION WITH GOVERNMENT AUTHORITIES.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity and other information of anyone who posts Content on or through the Site.

YOU WAIVE AND HOLD HARMLESS ENTEC, ENTECPOLYMERS.COM AND ANY OF OUR MEMBERS, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, AND OUR RESPECTIVE EMPLOYEES, OWNERS AND AGENTS, FROM ANY CLAIMS RESULTING FROM ANY ACTION BY ENTEC, ENTECPOLYMERS.COM OR ANY OF THE FOREGOING PARTIES DURING, OR AS A CONSEQUENCE OF, INVESTIGATIONS BY ENTEC, ENTECPOLYMERS.COM, OR LAW ENFORCEMENT AUTHORITIES.

8. RELIANCE ON INFORMATION POSTED

The information presented on or through the Site is made available solely for general information purposes. In describing a product or service, and/or presenting information, we attempt to be as accurate as possible. However, we do not warrant the usefulness or accuracy of such information, or that it is complete, reliable, current, or error-free. Any reliance you place on such information is strictly at your own risk.

9. LINKS TO OTHER WEBSITES

The Site may include links other websites that are not owned or operated by us or under our control (each a “Third Party Website”). These links are for your convenience and for informational purposes. We do not endorse, recommend, approve, guarantee, warrant or recommend any Third Party Website, or any information, materials, products, or services contained on or available through such Third Party Website unless we expressly state otherwise.

Although we endeavor to select only reputable Third Party Websites and sources of information, we are not responsible for the content, accuracy, trustworthiness, privacy or security of any Third-Party Website, or for any software available on Third Party Websites. We are also not responsible for examining or evaluating the content of, or the products or services offered by or through, Third Party Websites.

Links to a Third Party Website are offered on an “as is” basis. You use or follow these links at your own risk. We are not responsible for any damages or losses incurred arising from or related to your use of a link, or as a consequence of downloading any software available through a Third Party Website.

Please remember that the use of any software downloaded from the Internet may be subject to a license agreement and your failure to observe the terms of such license agreement may result in the infringement of intellectual property rights of the software provider for which we are not responsible. Please be mindful that when you click on a link and leave the Site you will be subject to the terms of use and privacy policies of the Third Party Website that you visit.

10. REVIEWS, COMMENTS AND OTHER CONTENT

We may, in the future, and in our sole discretion permit you to post reviews, comments, photos; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

11. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

All information we collect on Site is subject to our Privacy Policy https://www.entecpolymers.com/terms. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy https://www.entecpolymers.com/terms.

12. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

EXCEPT AS OTHERWISE OFFERED BY US THROUGH YOUR PURCHASE OF PRODUCTS OR RELATED SERVICES FROM THIS WEBSITE, AND TO THE FULL EXTENT PERMISSIBLE BY LAW, ENTEC, ENTECPOLYMERS.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE, INTERACTIVE SERVICES, HYPERLINKS, AND/OR THE SERVICES, PRODUCTS (INCLUDING SOFTWARE) MADE AVAILABLE THROUGH THE WEBSITE OR OTHERWISE BY OR THROUGH ENTEC POLYMERS, ENTECPOLYMERS.COM.

WE DO NOT WARRANT AND MAKES NO REPRESENTATION AS TO THE SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, INTERACTIVE SERVICES, AND HYPERLINKS, OR THE SERVICES, AND OTHER WEBSITES MADE AVAILABLE TO YOU THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE WEBSITE, OUR SERVERS, ELECTRONIC COMMUNICATIONS SENT FROM US OR THROUGH THE WEBSITE, OR SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ENTEC, ENTECPOLYMERS.COM, AND ITS EMPLOYEES, MEMBERS, AGENTS, OFFICERS, OWNERS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE ENTECPOLYMERS.COM WEBSITE, INTERACTIVE SERVICES, LINKS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER LINKED WEBSITES, OR FROM ANY SERVICES OR PRODUCTS (INCLUDING SOFTWARE) INCLUDED OR REFERRED TO ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR SUCH OTHER LINKED WEBSITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY OTHER LOSSES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, EMOTIONAL DISTRESS, LOST PROFITS, LOSS OF BUSINESS OR GOODWILL AND DATA LOSS, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE FOREGOING, BUT IN THE INTEREST OF CLARITY, ENTEC, ENTECPOLYMERS.COM WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A COMPUTER VIRUS OR OTHER TECHNOLOGICALLY HARMFUL MATERIALS THAT MAY INFECT YOUR COMPUTER SYSTEM, SOFTWARE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Entec, EntecPolymers.com, affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your violation of these Terms of Service or (2) your unauthorized or unlawful use of the Site.

14. DISPUTES

You and we hereby agree to resolves disputes between us that arise out of your access to the Site of or use of the Platform:

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, OUR PRIVACY POLICY, YOUR USE OF THE PLATFORM, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN THE STATE OF FLORIDA ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS, IF WE ARE A PARTY TO THE PROCEEDING.

This section will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use our Platform, the ToS, or the Privacy Policy must be filed within one (1) year after such claim or action arose or be forever banned.

15. ENTIRE AGREEMENT

These Terms of Service, including the Privacy Policy https://www.entecpolymers.com/terms incorporated herein by this reference, contains the entire Agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by you, or by statements of any of our employees.

16. TERMINATION

Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and/or your right to use the Site at any time, with or without cause. Sections 4 (Prohibited Uses), 5 (Website Security Rules), 6 (Third Party Content)), 8 (Reliance on Information Posted), 11 (Information About You and Your Visits), 12 (Disclaimers of Warranties and Limitation on Liability), 13 (Indemnification), 14 (Disputes), 18 (Waiver of Breach), and 19 (Invalidity) of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever. We reserve the right to discontinue the Site at any time.

17. WAIVER OF BREACH

Any failure to enforce any term or provision of this Agreement shall not be deemed a waiver of that or any other breach of that or any other term or provision of this Agreement. In addition, any failure to enforce any term or provision of this Agreement shall not constitute a waiver of a future breach of that or any other term or provision of this Agreement.

18. NOTICE

We may deliver notice to you under this Agreement by means of electronic mail, a general notice on our website at EntecPolymers.com, or by written communication delivered by first class U. S. mail to your address on record with us, if any. Other than for purposes of Section 1.7 (Intellectual Property Complaints), you may give notice to us at any time via electronic mail by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Entec Polymers

1900 Summit Tower Blvd, Suite 900

Orlando, FL 32810

19. INVALIDITY

If any provision of this Agreement shall be held, be deemed or shall in fact be, invalid, inoperative or unenforceable as applied to any particular case or circumstance because of the conflicts of any provision with any law, regulation, ordinance or for any other reason, that provision or provisions (a) shall be reformed so that it would be valid, operative and enforceable to the maximum extent permitted in such circumstances or case, and shall not affect the validity and enforceability of any remaining terms; and (b) shall not be invalid, inoperative or unenforceable in any other case or circumstance.

20. HEADINGS

The headings of articles and sections contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement

PRIVACY POLICY

Revised 8/14/2020

Please read this Privacy Policy carefully. To protect your privacy and help you to make informed choices, this Privacy Policy explains our information practices, how you can choose how we use your data, and your rights regarding your data. If you do not agree with our policies or practices, regarding our treatment or use of your information, your choice is not to use the https://www.entecpolymers.com website (“Site”).

In summary, we will only use your information:

  • To optimize our website performance; or
  • With your consent.

This is explained in more detail below.

By accessing or using this Site, and/or accepting our Terms of Service https://www.entecpolymers.com/terms, you agree to this Privacy Policy. We may change this Privacy Policy from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. Our Terms of Service https://www.entecpolymers.com/terms is the contract between us and you. By accepting our Terms of Service, you also confirm that you have read and understand this Privacy Policy. If you do not want us to collect, use or share information about you and your use of the Services as described in this Privacy Policy, then you should not use the Services. By using the Services, you acknowledge that we will store, use and otherwise process your information in the United States, where we are located. Except as may be otherwise be noted in this Privacy Policy, we are the data controller responsible for the processing of your personal information as described in this Privacy Policy.


If you have any inquiries about this Privacy Policy or how we use your personal information, please contact us via a method listed in the Contacting Us section of this policy.

This Privacy Policy applies to the websites and mobile applications owned and operated by Entec Polymers, or any of its affiliates. We refer to these websites (the “Site” or “Sites”) collectively as the "Platform" and along with the information, goods and/or services made available to users of the Platform, relevant news, content, applications, and sponsored programs, advertising, email communications, and discussion forums, (“Services.”) References to “we” or “us” mean Entec Polymers, including any company we control.

Privacy Quick Look

  • Anyone may browse our Website, Services and/or App, but you must provide personal information in order to register with the us and take full advantage of the https://www.entecpolymers.com. Platform and the features offered by the https://www.entecpolymers.com Platform, Website, Services and App.
  • We may contact you by email or SMS text, and by registering with us, you expressly consent to receiving email, or text messages from us.
  • When you visit or use the https://www.entecpolymers.com. Platform, we set cookies on your Web browser so that we can recognize you and personalize our site to your preferences.
  • You can control the placement of cookies on your Web browser by your Web browser settings.


Contents

1. About us

2. Persons Under the Age of 18

3. What information we collect and how we collect it

4. How we collect Personal Information

5. How and why we use Personal Information

6. How we share Personal Information

7. General Data Protection Regulation and the California Consumer Privacy Act of 2018

8. Data security

9. How long we keep Personal Information

10. Third party links

11. Accessing and correcting your information

12. Legal Disclosures

13. Changes to this policy or your data

14. Contacting Us


1. About Us

This website https://www.entecpolymers.com (the "Site") is operated by Entec Polymers, also referred to as the "Company", "we", "us" and "our"), a corporation organized under the laws of the state of Florida. We are a data controller.

Our offices are located at:

Entec Polymers

1900 Summit Tower Blvd Suite 900

Orlando, FL 32810 United States

You may contact us about any questions you have regarding this Privacy Policy at either our postal address above, or by a method listed in the Contacting Us section of this policy.

2. Persons Under the Age of 18

Our Site is not intended for persons under 18 years of age. No one under age 18 may use or direct any information to the Site. We do not knowingly collect personal information from anyone under 18. If you are under 18, do not use or provide any information on the Site, use any of its features, subscribe to our mailing list, use any of the interactive links or post anything on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use, or otherwise use the Platform. If we learn we have collected or received personal information from a person under 18 without verified consent of a parent or legal guardian, we will delete that information. If you believe we may have any information from or about a person under 18, in connection with the access or use of this Site, please contact us at via a method listed in the Contacting Us section of this policy. 

The Services provided by us through the Site and Platform include facilitating and undertaking the provision of electronic security and related goods and services.

3. What Information We Collect and How We Collect It

The type of information we collect depends on how you use the Site and our Services and how you interact with us. “Personal Information” means any data which can be associated with you as an individual, either directly or indirectly, and is collected on a voluntary basis from you.

The Personal Information we collect via the Site may include:

  • Identity information, such as your name, organization name and position, postal address, e-mail address, telephone number, biographical data, social media links, and/or any other identifier by which you may be contacted online or offline.\
  • Technical data, such as your internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and/or Platform, and other technology information relating to the devices you use to access the Site.
  • Usage data, which includes information about your use of the Site, and any communications we may receive from you.
  • Marketing and communications data, including your preferences in terms of receiving marketing and other communications from us.

The Site is not intended to store or transmit “special categories” of Personal Information, such as details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, information, or criminal convictions and offenses.

Payment Card Information. We use a third party provider to securely collect, process and store payment card (credit or debit) transactions you make with us. We do retain invoicing and shipping information, but retain only a digital token of any payment card transaction, in compliance with PCI-DSS (Payment Card Industry – Data Security Standard).

4. How We Collect Personal Information

We collect information from you in three different ways.

a) Personal Information you provide to us.

If you subscribe (sign up) to our mailing list, inform us of your marketing and communications preferences, or post or submit any text, comments, photo, video, communication, information, submit customer care requests or inquiries, or other material (“User Content”) on or through the Site, you will provide us with your identity, contact information, and IP address. This data is collected through direct solicitation and your voluntary submissions. You will also provide us with Personal Information when you correspond with us. We do not embed tracking codes in our regular daily email correspondence.

b) Personal Information we collect automatically as you navigate the Site.

The Site uses third party advertising providers to display advertisements based on your visits to the Site and other web sites you have visited, which allows targeted advertisements to be delivered to you for products and services about which you may be interested. The Site may also use a third party traffic measurement service to analyze how visitors use the Site, Third party advertising providers and advertisers (whose ads are displayed via the advertising provider) may use cookies, web beacons, embedded scripts (described below) or other similar mechanisms to automatically collect web site usage information, to, among other purposes, deliver advertisements, in which you might be interested, prevent you from seeing the same advertisements too many times, and to conduct research regarding the usefulness of certain advertisements to you. Cookies, web beacons and embedded scripts and other similar mechanisms used to collect web site usage information from advertising providers and advertisers, are governed by their respective privacy policy and not this Privacy Policy. We do not, however, share any Personal Information with these third parties in connection with the services they perform on the Site.

In addition, as you use the Site, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including your browser type, the Internet Protocol (IP) address used to connect your computer to the internet, and your usage habits, patterns and preferences. We collect this data using cookies, beacons and similar technologies.

You can remove cookies from your computer through the browser settings. Please note however that doing so may affect, limit or degrade your ability to use of some features on the Site and other websites. Management of cookie settings varies from one browser to another, and the "Help" menu of your web browser should provide instructions how to manage cookies.

c) Information You Provide to Third Parties.

If you use the Site’s interactive features (where available) to communicate with other users, or to access a third-party site that is linked to the Site, the other user(s) or third party site may provide us, directly or indirectly with your Personal Information. For example, another user may post your email address and name, or a third party website may report a purchase you made from that site.

5. How and Why We Use Personal Information

a) You have given us permission to do so.

If you subscribe to our mailing list, we will send you updates and marketing information that you have consented to receive. Similarly, if you contact us with a question or comment, we may need your contact, identity, technical and/or usage information to respond.

b) We have a legitimate interest (reasonable business purpose) for doing so.

We will use your information for our legitimate business reasons where doing so will not unduly affect your rights. As such:

  • We will use your identity, contact and usage information to keep our records up to date.
  • We will use your technical information to:
    • Make the Site available, to improve it, to conduct system maintenance, support, troubleshooting, reporting and to host data;
    • Ensure that the Site is secure;
    • Analyze how users interact with the Site; and
    • Address technical issues you may experience with the Site.

We may also use any or all of the information above to administer and manage our business in general. If you feel that your interests and fundamental rights outweigh our business purposes, and that we should therefore stop processing your data, please let us know.

c) We need to comply with a legal or regulatory obligations.

In certain circumstances, we may need to retain or use your data to comply with laws or regulations to which we are or may become subject.

6. How We Share Personal Information

We may share your information with our trusted third party service providers (including information technology providers such as website and mailing list hosts). We may provide your account information to companies that help us with our business activities. These companies are authorized to use your personal information only as necessary to provide these services to us.

When we share your information with our service providers, we will take commercially reasonable steps to help ensure that your data is kept secure and used only in accordance with this notice.

We may share Personal Information when we believe it is necessary to comply with the law, regulation or legal request (including a court order or government investigation or inquiry), to detect, investigate and defend against fraudulent or unlawful activity and violations of our Terms of Service https://www.entecpolymers.com/terms, to enforce or apply our Terms of Service https://www.entecpolymers.com/terms or other agreements, in the context of a Company reorganization, or to protect the rights, property, or safety of the Company, our employees, users, or others.

Investigations. We may use your information to detect, investigate and defend against fraudulent or unlawful activity and violations of our Terms of Service.

7. General Data Protection Regulation (GDPR)

This Site is hosted on servers located in the United States and is not intended for access or use by residents of the European Economic Area.

8. Data Security

The safety of your Personal Information is important to us, and we use various technical and organizational measures to secure it.

We employ commercially reasonable encryption (TLS technology), data security, and intrusion prevention technologies to protect and secure all personal information in our possession. Our data environment is monitored 24/7 for malicious activity and/or anomalous behavior either of which triggers our incidence response. However, the transmission of information via the Internet is not completely secure , and unfortunately, no method of transmission over the internet or method of electronic storage is completely secure. Although we take commercially reasonable measures to safeguard against unauthorized disclosures of information, we cannot guarantee the security of your data. Therefore, while we strive to protect your personal information, we cannot guarantee its absolute security, and any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You acknowledge and agree that you are solely responsible for maintaining the security and confidentiality of your account username and password.

9. Third Party Links

This Site may contain links to other websites whose information practices may be different than ours. Please consult all third party Sites' privacy notices. We have no control and disclaim any and all responsibility and liability in connection with information that is submitted to, or collected by, third parties.

10. Accessing or Correcting Your Information

You can review and change your personal information by logging into the Site and visiting your account profile page. We cannot delete your personal information except by also deleting your existing user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Service https://www.entecpolymers.com/terms.

11. Legal Disclosures

We may need to share your data when we believe it is required by law or to help protect the rights and safety of you, us or others.

It is possible that we will need to disclose information about you when required by law, subpoena, or other legal process or if we have a good faith belief that disclosure is reasonably necessary to (1) investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (2) enforce our agreements with you, (3) investigate and defend ourselves against any third-party claims or allegations, We will attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

12. Changes to this Privacy Policy or your data

We may amend this Privacy Policy from time to time. We will post any update to this Privacy Policy on the Site. It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes during our relationship. We reserve the right to modify this Privacy Policy at any time and any changes will be effective upon posting of the modified Privacy Policy unless we advise otherwise. If we make any material changes to this Privacy Policy we will notify you by email (sent to the email address included in your account profile) and/or by means of a notice on the Sites before the change becoming effective. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices. By continuing to use the Services after changes are made to this Privacy Policy, you agree to such changes.

13. Contacting Us

If you have general questions about your account or the Services, contact us at https://www.entecpolymers.com/contact For questions about this Privacy Policy or how your personal information may be used when you use the Services, please contact our Privacy Office by the web link or at the following address:

Entec Polymers

1900 Summit Tower Blvd Suite 900

Orlando, FL 32810 United States

Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately preceding calendar year (e.g., responses to requests made in 2018 will contain information about 2017 sharing activities).

We do not share personally identifiable information about you to third party direct marketers, what we do share with third party direct marketers is a cryptographic hash value derived from your information. That hash value cannot be reasonably associated with your personal information.

California residents may request further information about our compliance with this law by sending a request to the address set forth in the Contact Us section above. You must include “California Privacy Rights” in the subject line, and your full name, email address, and postal address in your request.

Please note that under California law, businesses are only required to respond to a customer request once during any calendar year, and we are not required to respond to requests made by means other than through this physical mailing address.

California Consumer Privacy Act of 2018

This Privacy Notice for California Residents supplements the information contained in the Notice to California Residents/Your California Privacy Rights and applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.

You understand and agree that this CCPA supplemental notice incorporates the arbitration agreement provisions set forth in https://www.entecpolymers.com Terms of Service, including a waiver of any rights to class-wide arbitration.

Information We Collect

The https://www.entecpolymers.com Platform collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"), but does not include in particular,

Publicly available information from government records,

Deidentified or aggregated consumer information,

  • Information excluded from the CCPA's scope, like: Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) and the California Financial Information Privacy Act (FIPA); and Driver's Privacy Protection Act of 1994.

https://www.entecpolymers.com has collected the following categories of personal information from its consumers within the last twelve (12) months:

Categories of personal information
Categories of personal information Chart

Personal information does not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information;
  • Digital images or photographs not used for identification;

https://www.entecpolymers.com obtains the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete, products or services you purchase, or information you choose to post or share.
  • Indirectly from you. For example, from observing your actions on the https://www.entecpolymers.com Platform.

Use of Personal Information

We may use, or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns;
  • To provide, support, personalize, and develop our Platform, products, and services;
  • To create, maintain, customize, and secure your account with us;
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud;
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses;
  • To personalize your https://www.entecpolymers.com Platform experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Platform, third-party sites, and via email or text message (with your consent, where required by law);
  • To help maintain the safety, security, and integrity of our Platform, products and services, databases and other technology assets, and business;
  • For testing, research, analysis, and product development, including to develop and improve our Platform, products, and services;
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA; and
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of https://www.entecpolymers.com assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by https://www.entecpolymers.com about https://www.entecpolymers.com users is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose, but we do not sell your personal information to third parties. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We share your personal information with the following categories of third parties:

Service providers, including customer service, payment processing, marketing and analytical services; and

Data aggregators.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category F: Internet or other similar Platform activity.

We disclose your personal information for a business purpose to the following categories of third parties:

Service providers, including customer service, payment processing, marketing and analytical services; and Data aggregators.

Sales of Personal Information

Company does not sell the following categories of personal information:

A. Identifiers.

B. California Customer Records personal information categories.

C. Protected classification characteristics under California or federal law.

D. Commercial information.

E. Biometric information.

F. Internet or other similar Platform activity.

G. Geolocation data.

H. Sensory data.

I. Professional or employment-related information.

J. Non-public education information.

K. Inferences drawn from other personal information.

Your Rights and Choices

The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that https://www.entecpolymers.com disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:

The categories of personal information we collected about you;

The categories of sources for the personal information we collected about you;

Our business or commercial purpose for collecting or selling that personal information;

The categories of third parties with whom we share that personal information;

The specific pieces of personal information we collected about you (also called a data portability request); and

If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

sales, identifying the personal information categories that each category of recipient purchased; and

disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that https://www.entecpolymers.com delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive your verifiable consumer request, we will delete and direct our service providers to delete your personal information from our records, unless an exception applies.

Even if verifiable, we may nonetheless deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;

Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;

Debug products to identify and repair errors that impair existing intended functionality;

Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;

Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.);

Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent;

Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us; or

Comply with a legal obligation.

Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

You may exercise the access, data portability, and deletion rights described above by submitting a verifiable consumer request via a method listed in the Contacting Us section above.

Personal Information Sales Opt-Out and Opt-In Rights

We do not sell your information to third parties. If you are 16 years of age or older, you have the right to direct us to not sell your personal information in the event our practices change in the future (the "right to opt-out"). For consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the "right to opt-in") from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age, we will not sell your information in the event our practices change in the future.

In order to exercise the right to opt-out of personal information sales by https://www.entecpolymers.com, you (or someone legally authorized) may submit a request to us by visiting:

DO NOT SELL MY PERSONAL INFORMATION

As noted above, we do not sell your information to third parties. We will retain your opt-out request in the event our practices change in the future. Should your email address change, please submit a new request with your new email address. We reserve the right to take reasonable steps to verify your identity and the authenticity of the request.

You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.

Verification Requirement for Requests

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access, data portability, or deletion twice within a 12-month period. The verifiable consumer request must:

Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.

Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Response Timing and Format

We will acknowledge receipt of your request within 10 days and will endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will notify and inform you of the reason and extension period in writing.

If we receive a request to opt-out from you, we will act upon that request within 15 days from the date we receive that request.

If you have an account with us, we will deliver our written response to that account electronically. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance (e.g., an excel spreadsheet that has been converted into a changed-locked pdf).

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

Deny you goods or services.

Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

Provide you a different level or quality of goods or services.

Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Https://www.entecpolymers.com does not disclose personal information to third parties for their direct marketing purposes. To make such a request, please see the Contacting Us section above or write us at:

Entec Polymers

1900 Summit Tower Blvd Suite 900

Orlando, FL 32810 United States

Changes to Our Privacy Notice

https://www.entecpolymers.com reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the https://www.entecpolymers.com Platform and update the notice's effective date. Your continued use of our Platform following the posting of changes signifies and constitutes your acceptance of such changes.

Notice to Nevada Residents/Your Nevada Privacy Rights

Under Nevada SB 220, Nevada residents have the right to opt out of the sale of their Covered Information (as such term is defined under Nevada law). As noted above, we will not sell your information. However, if you are a Nevada resident, you may submit a request to opt out of future sales via a method listed in the Contacting Us section of this policy. We will maintain your request in the event our practices change in the future. Should your email address change, please submit a new request to via a method listed in the Contacting Us section of this policy with your new email address. We reserve the right to take reasonable steps to verify your identity and the authenticity of the request.

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STANDARD TERMS & CONDITIONS OF SALE

Revised July 2020

1. Seller and Buyer are independent contracting parties, not principals or agents, partners, or joint venturers. Seller’s acceptance of Buyer’s order is made expressly conditional on Buyer’s assent to these terms and conditions, and Buyer’s acceptance of product shall constitute assent to these terms and conditions. Upon Seller’s acceptance of Buyer’s order, these terms, together with Buyer’s order, shall together comprise the “Order”. Notwithstanding inconsistent, supplemental, additional, or different terms contained in Buyer’s purchase order, acknowledgement, acceptance or other document, any Order shall be governed solely and exclusively by these terms and conditions and those contained in any applicable sales contract or credit application executed by the parties. Seller may revise these Terms and Conditions at any time, with such revisions to take effect when published at Seller’s website.

2. Seller warrants that, on the date an Order is released for shipment, the products sold to Buyer conform to the specifications on Seller’s invoice or published Seller’s website. THE FOREGOING IS AN EXCLUSIVE STATEMENT OF ALL WARRANTIES APPLICABLE TO SELLER’S PRODUCTS. Buyer shall notify Seller in writing of any alleged defects in the product(s), latent or otherwise, within seven (7) days after Buyer learns of the alleged defects, but in no event later than thirty (30) days after Buyer receives the product. Failure to give such notice, or the grinding, processing or in any other manner altering or changing the form of the products, or combining with other materials, shall constitute a waiver of all claims for defects. Buyer shall submit with its notification a sample of the product supplied by Seller and the Buyer’s finished good claimed to be defective and shall afford Seller the opportunity to inspect any product in Buyer’s possession. Buyer shall not return any product unless authorized in writing by the Seller.

3. Seller’s liability (and Buyer’s sole and exclusive remedy) with respect to any defective product or warranty nonconformity shall be limited to the replacement of that portion of product or a credit to Buyer in the amount of the invoice for such product, as Seller may elect. Seller’s liability is conditional upon Buyer’s proper use, handling, and storage of the product. For claims of shortage, Seller’s analysis of quality and weights shall govern except in the case of proved error. Any claims for shortages must be greater than one-half of one percent (0.5%) of the gross weight of any shipment of packaged product or greater than one percent (1%) of the gross weight of bulk shipments. Claims for bulk shipments shortages must be supported by certified scale tickets and Seller shall have the opportunity to have an independent weighing.

4. Except for obligations to make payments when due, neither party shall be responsible for any failure to perform obligations assumed under any Order where such failure is directly or indirectly attributable to a Force Majeure Event, provided that the impacted party must provide the other party prompt written notice of the Force Majeure Event. As used herein, “Force Majeure Event” means any event or circumstance beyond the impacted party’s reasonable control that prevents said party from complying with its obligations under an Order, whether or not foreseeable. When Seller is impacted by a Force Majeure Event, Seller may increase the purchase price by the amount of Seller’s increased costs, may allocate its available supply of product in an equitable manner, and may terminate this transaction without liability as to any unallocated portion of the order.

5. Seller will not sell or sample product for any application which is (i) governed at any level by the Federal Acquisition Regulations, 48 C.F.R. §1.001-99.9999; or (ii) intended for use as a Class III medical device as defined in 21 C.F.R. §862-892. Any Buyer purchasing product for use in a federal contract (including federal subcontracts) or for manufacture of a Class III medical device must notify Seller of Buyer’s intended end use at the time of Buyer’s Order. If Buyer fails to notify Seller in accordance with this section, BUYER SHALL INDEMNIFY SELLER AGAINST ANY AND ALL CLAIMS, LIABILITIES, OR EXPENSES (INCLUDING FINES AND PENALTIES AND LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY FROM BUYER’S FAILURE TO PROVIDE SUCH NOTICE.

6. SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILTY, FITNESS FOR ANY PURPOSE OR USE, OR ALLEGEDLY ARISING FROM ANY USAGE OF ANY TRADE OR FROM ANY COURSE OF DEALING, OR OTHERWISE. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION – INCLUDING WITHOUT LIMITATION ANY TECHNICAL SUPPORT – BY SELLER, ITS AGENTS, OR ITS EMPLOYEES SHALL CREATE OR EXPAND A WARRANTY OBLIGATION BEYOND THE WARRANTY EXPRESSLY PROVIDED IN THE ORDER, AND BUYER DISCLAIMS RELIANCE, AND IS NOT RELYIING, ON ANY SUCH ORAL OR WRITTEN STATEMENT OR REPRESENTATION NOT EXPRESSLY PROVIDED IN THE ORDER IN EVALUATING WHETHER TO SUBMIT THE ORDER.

7. Any action by the Buyer for claimed breach by Seller must be commenced within one (1) year after the date Buyer receives the product. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND OF BUYER OR OF ANY OF BUYER’S CUSTOMERS, INCLUDING, WITHOUT LIMITATION, PRODUCTION COSTS, CLAIMED LOSS OF ANTICIPATED PROFITS, INJURY TO CREDIT, REPUTATION OR GOOD WILL. BUYER ASSUMES ALL RISKS AND LIABILITY FROM THE HANDLING AND USE OF THE PRODUCTS AND SHALL BE SOLELY RESPONSIBLE FOR TESTING AND DETERMINING SUITABILITY OF USE IN A PARTICULAR APPLICATION. Under no circumstances will Seller’s aggregate liability for any cause of action directly or indirectly arising out of the Order exceed the Order price.

8. Seller makes no representation that Buyer’s use or resale of the product, whether alone or in combination with another material or substance, will not infringe any third-party patent or intellectual property rights. Buyer assumes all risk of infringement by accepting the product.

9. Seller may, at its option, provide complimentary technical support, advice, product processing consultations, and other information to Buyer in conjunction with Buyer’s product purchase (the “Technical Support”). Buyer represents that it is a sophisticated party and shall utilize its independent skill and expertise in the application of any Technical Support. Buyer shall employ any Technical Support at its own risk. BUYER AGREES SELLER’S LIABILITY (AND BUYER’S SOLE AND EXCLUSIVE REMEDY) FOR ANY AND ALL DAMAGES ARISING FROM, SELLER’S TECHNICAL SUPPORT, INCLUDING SELLER’S NEGLIGENCE OR GROSS NEGLIGENCE IN THE PROVISION OF SUCH TECHNICAL SUPPORT, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY BUYER, AND IN NO INSTANCE SHALL BE MORE THAN THE PRICE PAID BY BUYER FOR THE PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND OF BUYER OR OF ANY OF BUYER’S CUSTOMERS, INCLUDING, WITHOUT LIMITATION, PRODUCTION COSTS, CLAIMED LOSS OF ANTICIPATED PROFITS, INJURY TO CREDIT, REPUTATION OR GOOD WILL.

10. Title and risk of loss or damage to product shall pass to Buyer as the product passes into the transportation equipment at Seller’s shipping point. However, for product sold by Seller for export overseas to a non-U.S. location, title and risk of loss of product shall transfer from Seller to Buyer at the first point upon which the delivering marine vessel crossed the outer boundary of the United States Exclusive Economic Zone. For product sold by Seller to Buyer that is transported by land to Mexico or Canada, title and risk of loss of the product shall transfer from Seller to Buyer at the frontier in the relevant border city between the U.S. and the adjoining jurisdiction (not unloaded) but prior to the customs border of the applicable foreign jurisdiction. If Seller is to pay freight, selection of the carrier and routing of shipments is at Seller's option.

11. Shipping dates are approximate and conditional upon availability of product. Seller does not guaranty delivery on a specific date and time.

12. Seller’s quoted price does not include taxes. Any tax (other than on Seller’s income), excise, duty or governmental charge imputed to the products or Seller’s acquisition, storage, or shipment of the products, shall be for the account of Buyer. All sums shall be considered due and payable within terms as invoiced, are payable in legal US tender unless otherwise indicated, and made payable to the order of Seller at the designated address. If Buyer is in any respect in default of any provisions of this contract, Seller may elect to defer further deliveries until the breach is cured or terminate the contract without prejudice as to any other remedy available. If, in Seller's sole discretion, the financial responsibility of Buyer becomes unsatisfactory, Seller may reduce or eliminate the credit limit then in effect (if any) and/or demand advance cash payment and may withhold shipments until receipt. Interest on unpaid balances shall accrue at the lesser of 1% per month or the highest rate permitted by law.

13. Seller shall not be obligated to deliver in any month more than a proportionate part of the maximum quantity specified in a sales contract between the parties, determined by dividing such maximum quantity by the total number of months included in the contract period. If Buyer fails to take in any month all of such proportionate part, the undelivered quantity may, at Seller’s election, be cancelled from the contract.

14. Buyer shall comply with all applicable laws and regulations governing the product, use of the product, or resale of the product or goods made with the product, including but not limited to laws and regulations governing the export of product, trade restrictions, embargos, and the United States Foreign Corrupt Practices Act.

15. The products sold hereunder may be or become hazardous, whether singly or in combination with other goods or products. Buyer will take all steps necessary to familiarize, inform and warn its employees, agents, customers, and contractors who may handle or come into contact with the products of all the hazards pertaining to, and proper procedures for safe use of, the product and of the containers or equipment in which the product may be handled, shipped, or stored. Buyer also undertakes to label as appropriate any materials which it makes or resells that includes the product sold hereunder. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY OR EXPENSE (INCLUDING LEGAL FEES) INCLUDING, BUT NOT LIMITED TO, INJURY OR DEATH ARISING DIRECTLY OR INDIRECTLY FROM BUYER’S FAILURE TO SO FAMILIARIZE, INFORM, AND WARN. THESE UNDERTAKINGS APPLY IN FULL MEASURE WHETHER SELLER IS ALLEGED OR FOUND TO BE CONCURRENTLY, PARTIALLY OR JOINTLY NEGLIGENT OR AT FAULT OR LIABILITY WITHOUT FAULT IS SOUGHT TO BE IMPOSED ON SELLER. BUYER HEREBY DISCLAIMS AND WAIVES ANY AND ALL OBLIGATIONS (WHETHER ARISING UNDER STATUTE OR OTHERWISE) OF SELLER TO INDEMNIFY, DEFEND, OR HOLD BUYER HARMLESS AGAINST ANY LOSS, INJURY, OR DAMAGE ARISING OUT OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ALLEGEDLY CAUSED BY BUYER’S OR BUYER’S END CUSTOMER’S USE OF SELLER’S PRODUCT.

16. Seller’s waiver, whether express or implied, of any breach of these terms and conditions shall not be deemed to be a continuing waiver of any subsequent or continuing breach, whether of like or different nature, nor shall such waiver limit or waive, by reason of any course of performance, dealing, usage of trade or otherwise, Seller’s rights to enforce and compel strict compliance with every term and condition herein.

17. The terms of this contract (i) may not be modified, terminated, or waived except as expressly provided herein or agreed to in writing by the party to be charged; (ii) may not be assigned by Buyer; and (iii) shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to choice of law principles. All claims, including tort claims, arising directly or indirectly out of these terms and conditions or any incorporating Order will be filed exclusively in the state or federal courts located in Harris County, Texas. The Parties expressly waive all objections to this venue and assent to personal jurisdiction therein. JURY WAIVER. THE PARTIES KNOWINGLY AND IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY ORDER INCORPORATING THEM.

18. Canadian Buyers: THE PARTIES HERETO ACKNOWLEDGE AND ARE SATISFIED THAT THE FOREGOING BE DRAWN UP IN THE ENGLISH LANGUAGE; LES PARTIES AUX PRÉSENTES RECONNAISSENT QU’ILS ONT EXIGÉ QUE CE PRÉCEDE SOIT RÉDIGÉ EN ANGLAIS.

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STANDARD TERMS & CONDITIONS FOR THE SALE OF WIDESPEC OR OFF-GRADE PRODUCTS

Revised July 2020

1. Seller and Buyer are independent contracting parties, not principals or agents, partners, or joint venturers. Seller’s acceptance of Buyer’s order is made expressly conditional on Buyer’s assent to these terms and conditions, and Buyer’s acceptance of product shall constitute assent to these terms and conditions. Upon Seller’s acceptance of Buyer’s order, these terms, together with Buyer’s order, shall together comprise the “Order”. Notwithstanding inconsistent, supplemental, additional, or different terms contained in Buyer’s purchase order, acknowledgement, acceptance or other document, any Order shall be governed solely and exclusively by these terms and conditions and those contained in any applicable sales contract or credit application executed by the parties. Seller may revise these Terms and Conditions at any time, with such revisions to take effect when published at Seller’s website.

2. THE PRODUCTS ARE OFFERED BY SELLER AND PURCHSED BY BUYER “AS-IS,” “WHERE IS”, AND “WITH ALL FAULTS,” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE, EXRESS, IMPLIED, OR OTHERWISE. SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. The purchase price and these terms and conditions are the result of arms-length bargaining between the parties, each of whom represents it is familiar with transactions of this kind. Buyer is not relying upon any Seller statements or representations regarding the product’s value, physical condition, environmental condition, or other attributes.

3. SELLER’S LIABILITY (AND BUYER’S SOLE AND EXCLUSIVE REMEDY) WITH RESPECT TO ANY DEFECTIVE PRODUCT OR WARRANTY NONCONFORMITY SHALL BE LIMITED TO THE REPLACEMENT OF THAT PORTION OF PRODUCT OR A CREDIT TO BUYER IN THE AMOUNT OF THE INVOICE FOR SUCH PRODUCT, AS SELLER MAY ELECT. Seller’s liability is conditional upon Buyer’s proper use, handling, and storage of the product. For claims of shortage, Seller’s analysis of quality and weights shall govern except in the case of proved error. Any claims for shortages must be greater than one-half of one percent (0.5%) of the gross weight of any shipment of packaged product or greater than one percent (1%) of the gross weight of bulk shipments. Claims for bulk shipments shortages must be supported by certified scale tickets and Seller shall have the opportunity to have an independent weighing.

4. Except for obligations to make payments when due, neither party shall be responsible for any failure to perform obligations assumed under any Order where such failure is directly or indirectly attributable to a Force Majeure Event, provided that the impacted party must provide the other party prompt written notice of the Force Majeure Event. As used herein, “Force Majeure Event” means any event or circumstance beyond the impacted party’s reasonable control that prevents said party from complying with its obligations under an Order, whether or not foreseeable. When Seller is impacted by a Force Majeure Event, Seller may increase the purchase price by the amount of Seller’s increased costs, may allocate its available supply of product in an equitable manner, and may terminate this transaction without liability as to any unallocated portion of the order.

5. Seller will not sell or sample product for any application which is (i) governed at any level by the Federal Acquisition Regulations, 48 C.F.R. §1.001-99.9999; or (ii) intended for use as a Class III medical device as defined in 21 C.F.R. §862-892. Any Buyer purchasing product for use in a federal contract (including federal subcontracts) or for manufacture of a Class III medical device must notify Seller of Buyer’s intended end use time of Buyer’s order. If Buyer fails to notify Seller in accordance with this section, BUYER SHALL INDEMNIFY SELLER AGAINST ANY AND ALL CLAIMS, LIABILITIES, OR EXPENSES (INCLUDING FINES AND PENALTIES AND LEGAL FEES) ARISING DIRECTLY OR INDIRECTLY FROM BUYER’S FAILURE TO PROVIDE SUCH NOTICE.

6. SELLER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILTY, FITNESS FOR ANY PURPOSE OR USE, ALLEGEDLY ARISING FROM USAGE OF ANY TRADE OR FROM ANY COURSE OF DEALING, OR OTHERWISE. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION – INCLUDING WITHOUT LIMITATION ANY TECHNICAL SUPPORT – BY SELLER, ITS AGENTS, OR ITS EMPLOYEES SHALL CREATE OR EXPAND A WARRANTY OBLIGATION BEYOND THE WARRANTY EXPRESSLY PROVIDED IN THE ORDER, AND BUYER DISCLAIMS RELIANCE, AND IS NOT RELYING, ON ANY SUCH ORAL OR WRITTEN STATEMENT OR REPRESENTATION NOT EXPRESSLY PROVIDED IN THE ORDER IN EVALUATING WHETHER TO SUBMIT THE ORDER.

7. Any action by the Buyer for claimed breach by Seller must be commenced within one (1) year after the date Buyer receives the product. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND OF BUYER OR OF ANY OF BUYER’S CUSTOMERS, INCLUDING, WITHOUT LIMITATION, PRODUCTION COSTS, CLAIMED LOSS OF ANTICIPATED PROFITS, INJURY TO CREDIT, REPUTATION OR GOOD WILL. BUYER ASSUMES ALL RISKS AND LIABILITY FROM THE HANDLING AND USE OF THE PRODUCTS AND SHALL BE SOLELY RESPONSIBLE FOR TESTING AND DETERMINING SUITABILITY OF USE IN A PARTICULAR APPLICATION. Under no circumstances will Seller’s aggregate liability for any cause of action directly or indirectly arising out of the Order exceed the Order price.

8. Seller makes no representation that Buyer’s use or resale of the product, whether alone or in combination with another material or substance, will not infringe any third party patent or intellectual property rights. Buyer assumes all risk of infringement by accepting the product.

9. Seller may, at its option, provide complimentary technical support, advice, product processing consultations, and other information to Buyer in conjunction with Buyer’s product purchase (the “Technical Support”). Buyer represents that it is a sophisticated party and shall utilize its independent skill and expertise in the application of any Technical Support. Buyer shall employ any Technical Support at its own risk. BUYER AGREES SELLER’S LIABILITY (AND BUYER’S SOLE AND EXCLUSIVE REMEDY) FOR ANY AND ALL DAMAGES ARISING FROM SELLER’S TECHNICAL SUPPORT, INCLUDING SELLER’S NEGLIGENCE OR GROSS NEGLIGENCE IN THE PROVISION OF SUCH TECHNICAL SUPPORT, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED BY BUYER, AND IN NO INSTANCE SHALL BE MORE THAN THE PRICE PAID BY BUYER FOR THE PRODUCTS. IN NO EVENT SHALL SELLER BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSSES OR EXPENSES OF ANY KIND OF BUYER OR OF ANY OF BUYER’S CUSTOMERS, INCLUDING, WITHOUT LIMITATION, PRODUCTION COSTS, CLAIMED LOSS OF ANTICIPATED PROFITS, INJURY TO CREDIT, REPUTATION OR GOOD WILL.

10. Title and risk of loss or damage to product shall pass to Buyer as the product passes into the transportation equipment at Seller’s shipping point. However, for product sold by Seller for export overseas to a non-U.S. location, title and risk of loss of product shall transfer from Seller to Buyer at the first point upon which the delivering marine vessel crossed the outer boundary of the United States Exclusive Economic Zone. For product sold by Seller to Buyer that is transported by land to Mexico or Canada, title and risk of loss of the product shall transfer from Seller to Buyer at the frontier in the relevant border city between the U.S. and the adjoining jurisdiction (not unloaded) but prior to the customs border of the applicable foreign jurisdiction. If Seller is to pay freight, selection of the carrier and routing of shipments is at Seller's option.

11. Shipping dates are approximate and conditional upon availability of product. Seller does not guaranty delivery on a specific date and time.

12. Seller’s quoted price does not include taxes. Any tax (other than on Seller’s income), excise, duty or governmental charge imputed to the products or Seller’s acquisition, storage, or shipment of the products, shall be for the account of Buyer. All sums shall be considered due and payable within terms as invoiced, are payable in legal US tender unless otherwise indicated, and made payable to the order of Seller at the designated address. If Buyer is in any respect in default of any provisions of this contract, Seller may elect to defer further deliveries until the breach is cured or terminate the contract without prejudice as to any other remedy available. If, in Seller's sole discretion, the financial responsibility of Buyer becomes unsatisfactory, Seller may reduce or eliminate the credit limit then in effect (if any) and/or demand advance cash payment and may withhold shipments until receipt. Interest on unpaid balances shall accrue at the lesser of 1% per month or the highest rate permitted by law.

13. Seller shall not be obligated to deliver in any month more than a proportionate part of the maximum quantity specified in a sales contract between the parties, determined by dividing such maximum quantity by the total number of months included in the contract period. If Buyer fails to take in any month all of such proportionate part, the undelivered quantity may, at Seller’s election, be cancelled from the contract.

14. Buyer shall comply with all applicable laws and regulations governing the product, use of the product, or resale of the product or goods made with the product, including but not limited to laws and regulations governing the export of product, trade restrictions, embargos, and the United States Foreign Corrupt Practices Act.

15. The product sold hereunder may be or become hazardous, whether singly or in combination with other goods or products. Buyer will take all steps necessary to familiarize, inform and warn its employees, agents, customers, and contractors who may handle or come into contact with the products of all the hazards pertaining to, and proper procedures for safe use of, the product and of the containers or equipment in which the product may be handled, shipped, or stored. Buyer also undertakes to label as appropriate any materials which it makes or resells that includes the product sold hereunder. BUYER WILL INDEMNIFY, DEFEND AND HOLD SELLER HARMLESS FROM AND AGAINST ANY CLAIM, LIABILITY OR EXPENSE (INCLUDING LEGAL FEES) INCLUDING, BUT NOT LIMITED TO, INJURY OR DEATH ARISING DIRECTLY OR INDIRECTLY FROM BUYER’S FAILURE TO SO FAMILIARIZE, INFORM, AND WARN. THESE UNDERTAKINGS APPLY IN FULL MEASURE WHETHER SELLER IS ALLEGED OR FOUND TO BE CONCURRENTLY, PARTIALLY OR JOINTLY NEGLIGENT OR AT FAULT OR LIABILITY WITHOUT FAULT IS SOUGHT TO BE IMPOSED ON SELLER. BUYER HEREBY DISCLAIMS AND WAIVES ANY AND ALL OBLIGATIONS (WHETHER ARISING UNDER STATUTE OR OTHERWISE) OF SELLER TO INDEMNIFY, DEFEND, OR HOLD BUYER HARMLESS AGAINST ANY LOSS, INJURY, OR DAMAGE ARISING OUT OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ALLEGEDLY CAUSED BY BUYER’S OR BUYER’S END CUSTOMER’S USE OF SELLER’S PRODUCT.

16. Seller’s waiver, whether express or implied, of any breach of these terms and conditions shall not be deemed to be a continuing waiver of any subsequent or continuing breach, whether of like or different nature, nor shall such waiver limit or waive, by reason of any course of performance, dealing, usage of trade or otherwise, Seller’s rights to enforce and compel strict compliance with every term and condition herein.

17. The terms of this contract (i) may not be modified, terminated, or waived except as expressly provided herein or agreed to in writing by the party to be charged; (ii) may not be assigned by Buyer; and (iii) shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to choice of law principles. All claims, including tort claims, arising directly or indirectly out of these terms and conditions or any incorporating Order will be filed exclusively in the state or federal courts located in Harris County, Texas. The Parties expressly waive all objections to this venue and assent to personal jurisdiction therein. JURY WAIVER. THE PARTIES KNOWINGLY AND IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS OR ANY ORDER INCORPORATING THEM.

18. Canadian Buyers: THE PARTIES HERETO ACKNOWLEDGE AND ARE SATISFIED THAT THE FOREGOING BE DRAWN UP IN THE ENGLISH LANGUAGE; LES PARTIES AUX PRÉSENTES RECONNAISSENT QU’ILS ONT EXIGÉ QUE CE PRÉCEDE SOIT RÉDIGÉ EN ANGLAIS.

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