Terms of Access and Use
Nalco Company, its subsidiaries and affiliates ("Nalco") welcome our customers, vendors, commercial visitors, business associates, investors and other interested parties to the Nalco Web site ("Web site" or "Site"), and encourage you to read the legal information applicable to your usage of this Site. While Nalco is the commercial operator of this Site, Nalco uses service providers to assist in providing software, content and hosting for our Sites. This Web site is maintained and operated by Nalco on a server located in the United States of America.
Your use of this Web site constitutes your agreement to the terms and conditions of access and use set forth below. If you do not agree, then you may not access, browse and/or use this Site
- User Access and Conduct
- Nature of the Information
- Product Safety Information
- Proprietary Information
- Export Restrictions
- Governing Law and Venue
- Jurisdictional Issues
This Web site is intended for use by Nalco customers, vendors, commercial visitors, business associates, investors and other interested parties for business or informational purposes, and usage of this Site and any other Nalco site accessible through this Site is subject to these terms and conditions. Nalco grants each user of this Site a non-exclusive, non-transferable, limited right to access, use and display this Site and the information presented on this Site. This Web site is not intended for individuals under 18 years of age.
To access this Web site or other related Nalco web sites (such as NalcoDIRECT), you may have been issued a personal username and password, and you as an authorized user are solely responsible for maintaining the confidentiality of your password and username. You are also responsible for all uses of your account and you agree to immediately notify Nalco of any unauthorized use of your account or any other site security breach known to you. Nalco seeks to ensure that only authorized users have access to this Web site. Nalco customers are responsible for notifying us immediately when individuals within their organization are no longer authorized to access to this Web site.
Nalco may without liability:
- Remove or modify any user’s site access for breach of this agreement;
- Change user’s site access or security procedures with notice to authorized users; or
- Change the type or location of equipment and software used for operation and maintenance of this Web site.
When using these Sites, you agree not to:
- Interfere with the operation of the Site;
- Disrupt any other user's enjoyment of the Site; or
- Attempt to use another's account without authorization.
Nalco maintains this Web site for itself and as a convenience for its customers, commercial visitors, business associates, investors and other interested parties who may use this Site for informational needs concerning Nalco and the products and services we offer, and for accessing other Nalco sites. Even though you may have another contract with Nalco, you agree that these terms and conditions shall govern your use of this Web site. No agency, employment or franchise relationship with Nalco is being created through use of this Site.
Nalco may, in its sole discretion at any time without notice, change Site content or these terms and conditions, or modify or discontinue this Site or specific portions of it. Subsequent re-use of this Site shall be deemed an agreement to any previously revised terms and conditions.
Limited product information concerning Nalco products is available through this Web site. Additional product information, including material safety data sheets (MSDSs) on Nalco chemical products, is available to Nalco customers authorized for access to the Nalco extranet.
For your convenience, this Site contains hyperlinks to other Web sites unrelated to Nalco. Nalco is not responsible for the privacy practices, security or content of any such linked sites. Links to other sites do not imply that Nalco endorses, approves, or sponsors any information available at the linked site or any products or services that may be sold there, nor is Nalco liable for any damage that might result from your use of such information, products or services.
- Nalco Company, its subsidiaries, affiliates (“Nalco”) and service providers reserve copyrights in all of the material that each provides to this Site. You may not prepare derivative works based upon this material , nor may such material be modified, copied, distributed, reproduced, republished, downloaded, displayed, posted, transmitted or sold without the written permission of the copyright owner.
- If any information on this Site is marked "confidential" or "proprietary" or with words of similar meaning, then you will hold such information in confidence, use it only for authorized activities, and not publish or disclose it to others.
- Trademarks and trade names used on this Site, which belong to Nalco, are protected under the laws of various jurisdictions. Your use of the trademarks, service marks and trade names in any manner other than as authorized in writing by Nalco, is strictly prohibited. Certain company names and products mentioned on this Site may be trademarks of their respective owners, who may not be affiliated with Nalco and services providers.
- Some products and processes used on this Site may be covered by patents, and are subject to other trade secret and proprietary rights. Nalco and its service providers reserve all such rights, and you agree not to infringe such rights or decompile, reverse engineer, or disassemble any of the products or processes on this Site.
- Any software used or accessible through the Site may be used by you only for accessing the Site for the purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Nalco or its service providers. Nalco and its service providers retain all intellectual property rights they may own in this software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works based upon any software.
- Presentation of information in this site is not intended to confer any proprietary or other rights in our trademarks, trade names, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. Linking to other sites does not imply that Nalco or the linked site has any legal authorization to any trademark, trade name, logo or copyright of the other.
Your use of this Site is at your own risk. Although the information and recommendations at this Web site (hereinafter "Information") are presented in good faith and believed to be correct, Nalco makes no representations or warranties as to the completeness or accuracy of Information.
Information is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. Specifications for products are subject to change without notice. In no event will Nalco be responsible for damages of any nature whatsoever resulting from the use of or reliance upon Information or the product to which Information refers. Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation in conflict with any patent, and Nalco makes no representation or warranty, express or implied, that the use thereof will not infringe any patent.
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. NALCO, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEB SITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. NALCO WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF NALCO HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Site may contain certain "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. These statements are based on management's current expectations and are subject to uncertainty and changes in circumstances. Actual results may differ materially from these expectations due to changes in global economic, business, competitive market and regulatory factors. Information provided here is provided for informational purposes, and not intended for trading purposes. Forward-looking statements may involve known and unknown risks, uncertainties and other factors, which may cause the actual results to differ materially from those projected, stated or implied, depending on many factors, including, without limitation: ability to generate cash, ability to raise capital, ability to refinance, the result of the pursuit of strategic alternatives, ability to execute work process redesign and reduce costs, business climate, business performance, economic and competitive uncertainties, higher manufacturing costs, reduced level of customer orders, changes in strategies, risks in developing new products and technologies, environmental and safety regulations and clean-up costs, foreign exchange rates, the impact of changes in the value of pension fund assets and liabilities, changes in generally accepted accounting principles, adverse legal and regulatory developments, including increases in the number or financial exposures of claims, lawsuits, settlements or judgments, or the inability to eliminate or reduce such financial exposures by collecting indemnity payments from insurers, the impact of increased accruals and reserves for such exposures, and adverse changes in economic and political climates around the world, including terrorism and international hostilities, and other risk factors identified by the Company. Accordingly, there can be no assurance that the Company will meet future results, performance or achievements expressed or implied by such forward-looking statements. This paragraph is included to provide safe harbor for forward-looking statements, which are not generally required to be publicly revised as circumstances change, and which the Company does not intend to update.
This Site is maintained and operated by Nalco from its offices within the United States. Nalco makes no representation that the information or other materials accessed through this Site are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or the Site from other locations are responsible for compliance with applicable local laws. You may not export or re-export any information or products received hereunder except in full compliance with all United States laws and regulations. In addition, you are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products.
With respect to matters arising under this Site, the governing law, without regard to principles of conflicts of laws, and venue, shall be the law of the State of Illinois, United States of America, and the venue shall be any United States District Court or any other court of competent jurisdiction within the Counties of DuPage or Cook in the State of Illinois.
The existence of this Site and the ability to request information or request or order products through the Site is not an offer to sell or solicit or do business in those countries or jurisdictions in which Nalco is not permitted by law to do business or in which Nalco does not already conduct business. Neither the existence of this Site nor the accessibility of content of this Site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between Nalco or an affiliate within any country or jurisdiction in which Nalco or an affiliate does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to the content and operation of this Site.
The parties agree that there shall be no requirement to translate the Site or portion thereof into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language.
If you wish to verify any voluntary information collected about you, or if you wish to be removed from our Web site database, please contact us at email@example.com.
Unless otherwise noted, all trademarks on this website are trademarks of Nalco Company.
Copyright © 2009 Nalco Company. All rights reserved.