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The access to and use of this website (the "Website") by any user (the "User", including, but not limited to, any person who accesses this Website by any means whatsoever, including but not limited to, legal, illegal, authorized or unauthorized means) is subject to the following terms and conditions (the "Terms and Conditions"). User's access and use of this website constitutes acceptance of these Terms and Conditions.
II. Copyright/Trademarks/Proprietary Rights
1. The Website and all of its contents including, but not limited to, all text, images, software, animation files, graphics, video and audit files and anything else contained in this Website (the "Content") is owned by 3A Composites USA, Inc. ("3A") or its subsidiaries and affiliates or is made available by permission of the owner and is protected by domestic or international copyright laws.
2. Any information that is a trademark, including but not limited to "3A", whether or not appearing in large print or with the trademark symbol is owned by Alcan or its subsidiaries and affiliates.
3. The Website may also contain or reference patents, proprietary information, technologies, product processes or other proprietary rights of 3A or its subsidiaries and affiliates. The use of this Website grants no interest, whether proprietary, license or otherwise in any such trademark, patent, trade secret, technologies, products, processes and other proprietary rights which may exist or are hereafter developed in respect of any portion of the Website or its Content
III. Permitted secondary use
1. The User may freely download, copy, display, exhibit, share, or otherwise distribute the Content of this Website for non-commercial purposes only. However, on any such downloading, copying, display, exhibition, sharing or distribution, the User must explicitly acknowledge 3A or its subsidiaries and affiliates as the provider of such Content and retain and reproduce each and every copyright notice or other proprietary rigths notice contained in any information downloaded. 3A reserves the right to require the User to delete, destroy or otherwise remove any content that is used in a manner that in 3A's opinion is contrary or otherwise inappropriate, derogatory or offensive.
2. The User agrees that any person to whom the Content is provided directly or indirectly through the User, will be advised of Terms and Conditions, and that each such person is bound by these Terms and Conditions.
3. The User may in no way modify, reformulate, adapt, alter, adjust, change, disassemble, frame or decrypt any of the Content of this Website.
4. 3A and its subsidiaries and affiliates neither warrant nor represent that use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with 3A.
IV. Third-party submissions
1. By posting via email or otherwise any content, trade secrets, or know-how to this Website, including electronic mail, the User grants to 3A, its subsidiaries and affiliates a perpetual, non-exclusive, irrevocable, worldwide, royalty-free right and licence to use, download, upload, copy, exhibit, display, distribute, publish, post to any other public forum, perform, sell, alter, modify, change, sub-license, create derivative works from and otherwise treat as its own such content, trade secrets or know-how in whatever manner 3A, its subsidiaries and affiliates shall, in its sole discretion, deem appropriate without any form of recognition, credit, acknowledgement, reward or compensation whatsoever for the User's contribution of such content, trade secrets, or know-how to 3A, its subsidiaries and affiliates. Furthermore, 3A, its subsidiaries, affiliates, contractors, agents and/or employees will in no way be responsible or liable for damages, whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity of any kind whatsoever, howsoever caused, resulting from any alterations or additions to its goods, products, programs, promotions and/or services which may resemble any content, trade secrets, or know-how posted to this Website, including electronic mail, by any User.
2. Furthermore, by posting any content, trade secrets, or know-how to this Website, including electronic mail, the User represents and warrants that such Content, trade secrets, or know-how is his or her own work, is non-confidential, and its use by 3A in no way violates the intellectual property or other rights of any third parties. The duty to ensure non-infringement of the rights of any third parties rests solely with the User.
3. The User agrees to indemnify, contribute to, and hold harmless 3A, its subsidiaries, affiliates, contractors, agents and/or employees against any liability, be it civil, criminal, or quasi-criminal, resulting from the use, transfer or sub-license by 3A of any content, trade secrets or know-how provided to 3A by the User.
This indemnification shall extend and apply to any payment or other agreement made by 3A, its subsidiaries, affiliates, contractors, agents and/or employees in settlement and/or satisfaction of any such claim or potential claim, whether such settlement and/or satisfaction is either full or partial, and whether the payment or other agreement is made or concluded either prior to or following the institution of proceedings against 3A, its subsidiaries, affiliates, contractors, agents and/or employees. As part of this indemnification, the User agrees to co-operate with all reasonable requests made by 3A, its subsidiaries, affiliates, contractors, agents and/or employees.
V. Limitations of liability
1. This Website is designed to provide knowledge for informational purposes only. While the information is taken from sources believed to be reliable, and the information is believed to be accurate at the time it is posted to the Website, 3A, its subsidiaries and affiliates make no warranties or representations as to the accuracy of the information.
2. There are certain links on this Website which will lead the User to other sites on the World Wide Web. These links are provided for convenience only, and a link to any other Website should not be taken to imply any endorsement of any other Website by Alcan, its subsidiaries, affiliates, contractors, agents and/or employees.
3. 3A, its subsidiaries, affiliates, contractors, agents and/or employees shall not be responsible or liable for any damages whether they be direct, indirect, consequential, incidental, special, punitive, exemplary or general damages, contribution or indemnity, of any kind whatsoever, howsoever caused, (including, but not limited to, breach of contract, loss of profit, business interruption, loss of business data or information, negligence or other tortious behaviour, deletion, error, defect, omission, or destruction of the Content of the Website, unauthorised access to, or alteration of, the Content of this Website by third parties, or employees, or agents of 3A, its subsidiaries or affiliates, transmission of material, or any other cause of action, regardless of whether it arises at law or in equity) arising out of the use or non-availability of this Website, or reliance on the Content contained herein, resulting from any decision taken on the basis of information provided through the Website, resulting from the content of other websites to which any User links through this Website, or resulting from any such change, restriction, or termination of this Website or resulting from the incompatibility of any software downloaded, copied, or otherwise originating from this Website. 3A, its subsidiaries, affiliates, contractors, agents and/or employees also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, User's computer equipment or other property on account of User's access and use of the Website.
4. This limitation of liability shall apply even if 3A, its subsidiaries, affiliates, contractors, agents and/or employees have been advised of the possibility of the damages referred in this notice.
5. This Website is provided "as is". 3A, its subsidiaries, affiliates, contractors, agents and/or employees do not warrant that the use of this Website will be uninterrupted, error-free, stable or suitable for all Users. 3A, its subsidiaries, affiliates, contractors, agents and/or employees make no warranties, either express or implied, about the Website, its availability, or its operation Without limiting the generality of the foregoing, this includes implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. Any User who accesses this Website does so solely at his or her own risk.
The User agrees to indemnify, contribute to and hold harmless 3A, its subsidiaries, affiliates, contractors, agents, and/or employees, against any liability, be it civil, criminal or quasi-criminal, resulting from any violation of any law by the User in their use of this Website. The User shall be responsible to the full extent of any liability, payment or other agreement made by 3A, its subsidiaries, affiliates, contractors, agents and/or employees, in settlement and/or satisfaction of any claim or potential claim, whether such payment or agreement is made or concluded prior to or following the institution of formal proceedings against 3A, its subsidiaries, affiliates, contractors, agents and/or employees.
1. The Content of this Website is subject to change, restriction or termination without any notice to Users.
2. 3A or its subsidiaries and affiliates may at any time revise the Terms and Conditions by amending this posting. User is bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.
If, for any reason whatsoever, any clause of these Terms and Conditions is deemed by a court to be void, voidable or otherwise unenforceable, such term shall be deemed to be severable from the remainder of the Terms and Conditions, and the remainder of the Terms and Conditions shall be construed and interpreted without reference to the unenforceable clause
VIII. Choice of law/Court of Jurisdiction
1. These Terms of Conditions and all disputes relating to or in connection with the use of this Website, the Content or availability thereof, or anything related or similar thereto shall be governed by the laws of Switzerland, without any reference to conflicts of laws rules or principles. The application of the United Nations Convention on Contracts for the international Sales of Goods (CISG) of 11 April 1980 is excluded.
2. Place of jurisdiction shall be Sins, Switzerland. However, 3A or any of its subsidiaries and affiliates shall also be entitled to bring their claims before the place of general jurisdiction of User.
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