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Legal

 
Terms of Use

Your use of this web site is subject to the following terms and conditions (the “Terms and Conditions”). This web site, and the entire contents thereof, including but not limited to, information, materials, text, software and graphics (collectively referred to as the “Contents”), are provided by and are the exclusive property of Rocktenn's Solvay Mill LLC (“Solvay”). Your use of this web site indicates: (1) that you have read and understand these Terms and Conditions; (2) that you agree to comply with and be bound by, and have the capacity to comply with and be bound by, these Terms and Conditions; and (3) that if you represent or are acting on behalf of an entity, that you have the capacity to bind such entity to these Terms and Conditions. If you do not agree with these Terms and Conditions, you must immediately discontinue use of this web site.

Changes in Terms and Conditions. Solvay reserves the right to amend, modify, revise, and restate, at any time and from time to time, these Terms and Conditions, without notice. Your use of this web site binds you to any amended, modified, revised, or restated Terms and Conditions. Solvay recommends that users of this web site periodically review the Terms and Conditions, as they are subject to change.

Use of the Contents and of this Web Site. You may only access and use this web site for informational purposes and as provided in these Terms and Conditions. Except as otherwise set forth below, Solvay owns this web site and all the Contents. Federal and state intellectual property laws and treaties apply to and protect the Contents and their use. Solvay does not claim any ownership rights or intellectual property claims to any third-party names, trademarks, or service marks, appearing on this web site and in the Contents. Your use of this web site and of the Contents does not entitle you to any ownership rights or intellectual property claims to the Contents. You assume sole responsibility for any damage caused, whether directly or indirectly, by your infringement of Solvay’s intellectual property rights and/or by your transmission, use, distribution, redistribution, or replication, of any of the Contents in violation of these Terms and Conditions.

The Contents may not be transmitted, distributed, redistributed, replicated, downloaded, published, posted or disclosed in any manner without the prior written consent of Solvay, provided that information pertaining to your account with Solvay may be e-mailed to any of your employees or to any of your affiliates so long as the recipient is informed of the confidential nature of such information. You may not: (1) transfer the Contents to another person or entity; (2) remove any intellectual property or ownership notice from the Contents; (3) tamper with, disassemble, decompile, or reverse engineer, any software materials; or (4) modify or alter the Contents or use them commercially or for any public sale, rental, display, or performance. You may not provide links to, metatag, or frame this web site, without the prior written consent of Solvay.

Solvay reserves the right, without having to give prior notice, to change, discontinue, restrict or prevent access to, this web site or to the Contents or to any portion or feature thereof.

Your access to and use of this web site may be periodically interrupted by Solvay, in its absolute and sole discretion, or due to events beyond Solvay’s control.

Disclaimer; Limitation of Liability. YOU ASSUME ALL RESPONSIBILITY FOR THE USE OF THIS WEB SITE. THE CONTENTS ARE PROVIDED “AS IS,” AND ARE WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; FREEDOM FROM VIRUSES, BUGS, ERRORS, OR OTHER HARMFUL CODE OR COMPUTER PROGRAMMING ROUTINES; AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SOLVAY IS NOT LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THIS WEB SITE OR ACCESS THE CONTENTS, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE, THE CONTENTS, OR ANY HYPERLINKED SITE, EVEN IF SOLVAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST SOLVAY AND ITS ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE WEB SITE OR THE INFORMATION AVAILABLE THEREON.

This web site is only intended to provide data and information that may be of interest to its users. Solvay is not responsible for any errors or omissions in the Contents, nor for any loss or damage arising from your reliance on the Contents. Solvay believes the Contents to be reliable, but makes no claims, warranties or representation, with regard to the reliability, accuracy, truth, timeliness, usefulness, or completeness, of the Contents. You should not depend or rely upon any of the Contents contained in this web site as the Contents are updated frequently. Your reliance upon any of the Contents contained in this web site is done so at your own risk. You alone are responsible for any decisions you make as a result of using this web site.

User Name and Password. Solvay shall assign a User Name to each entity to which it grants access to this web site (a “User”). Each employee of a User will select his or her own password for accessing this web site. Each User is responsible for maintaining the confidentiality of its employee’s passwords and for all activities in connection with such passwords. Each User must immediately notify Solvay of any unauthorized use of a password or any other breach of security. Each User must also notify Solvay if any of such User’s employees terminate their employment with such User or are otherwise no longer permitted by such User to access this web site. Solvay shall not be responsible for any unauthorized use of this web site. User Names are for each User’s sole, personal use. Users may not authorize any person or entity other than their own employees to use their account or User Name and may not assign or otherwise transfer their account or User Name to any other person or entity. Passwords may not be used by anyone other than the employee to whom it was initially assigned. Solvay reserves the right to change User Names at any time and may deny any User or any employee of any User access to this web site at any time, in each case without prior notice to the affected User and for any or no reason.

Privacy Policy. Solvay will not rent or sell your name, address, email address, or other personal information to any third party without your permission.

Indemnification. You agree to indemnify, defend, and hold harmless, Solvay and its subsidiaries and affiliates, and their respective officers, directors, employees, and agents, from and against any and all loss, liability, claim, damage, and other expenses (including reasonable attorneys’ fees) caused by or arising from your: (1) violation of these Terms and Conditions; or (2) access to or use of this web site.

Violation of the Terms and Conditions. Solvay may refuse to permit you access to this web site, if, in Solvay’s sole discretion, you violate any of these Terms and Conditions.

Governing Law; Arbitration. The terms and conditions and your use of this web site shall be governed and construed according to the laws of the State of New York, excluding its conflict of laws rules to the extent such rules would apply the law of another jurisdiction. Any civil action, dispute, or proceeding, arising out of or relating to the terms and conditions and your use of this web site, except for an injunctive action regarding a breach or threatened breach of any provision of the terms and conditions by you which shall be brought in a state court in Onondaga County, New York, shall be referred to final and binding arbitration before a single arbitrator under the commercial arbitration rules of the American Arbitration Association in Onondaga County, New York. You and Solvay shall jointly select the arbitrator. If you and Solvay are unable to find a mutually satisfactory arbitrator within 30 days after the notice of arbitration is given, then the American Arbitration Association shall select the arbitrator. Arbitration will commence only when the party requesting it has deposited $1,000 with the arbitrator for the arbitrator's fees and costs. Until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs, the party who requested arbitration is responsible for paying all fees that the arbitrator may periodically require. The arbitrator’s final and binding conclusion may be entered in any court of competent jurisdiction.

Waiver; Severability. No supplement, modification, or amendment or waiver, of these Terms and Conditions shall be binding upon Solvay, unless executed in writing by a duly authorized representative of Solvay. The failure by Solvay to enforce any provision of these Terms and Conditions will not constitute a waiver of future enforcement of that or any other provision. If for any reason any portion of these Terms and Conditions is held to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and the remainder of the terms and conditions will remain in full force and effect.

Headings; Entire Agreement. The headings used herein are for convenience only and shall not affect the interpretation or construction of these Terms and Conditions. These Terms and Conditions set forth the entire agreement between you and Solvay regarding the subject matter hereof, and supersede any prior oral or written statements or agreements with respect to the same.