Welcome to the www.sonneborn.com website (the “Site”) provided by Sonneborn, Inc. (“Sonneborn”). This agreement contains the terms, covenants, conditions, and provisions (the “Terms and Conditions” or “Agreement”) upon which you (the “User” or “You”) may access and use this Site and the information and materials found on this Site.
By accessing, viewing, or using this Site, you, the User, indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. Please note that Sonneborn reserves the right to change the Terms and Conditions under which this Site and its many offerings are extended to you. Your continued use of this Site following reasonable notice of such modifications will constitute Your acceptance of such changes. You also agree that notices we may provide on the Site itself shall be deemed reasonable notice for this purpose.
Grant of License
This Agreement provides You with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on Your continued compliance with the Terms and Conditions of this Agreement. You may print and download materials and information on this Site solely for personal and noncommercial use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, You warrant to Sonneborn that You will not use this Site for any purpose that is unlawful or otherwise prohibited by these Terms and Conditions. To seek permission to use materials and information (including screen-shots of this Site) beyond the scope of the forgoing license, please contact Kristy Conforti, Human Resources Manager at (201) 760-2947, or email email@example.com. Any rights not expressly granted herein are reserved.
Intellectual Property Rights
All material contained on this Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Sonneborn does not grant any express or implied right(s) to Users of this Site. Please be aware that Sonneborn actively enforces its intellectual property rights to the fullest extent of the law. The contents of this Site are Copyright © 2012 Sonneborn, Inc. All Rights Reserved. Removing or altering the copyright notice on any material on this Site is prohibited. Sonneborn also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of this Site’s content.
The following trademarks: ALBA, AGROL, BLANDOL, CARNATION, DOSETOL, ERVOL, FONOLINE, FREEZENE, GLORIA, HYDROBRITE, KAYDOL, KLEAROL, MEDINOL, MULTIWAX, LYTOL, PAROL, PERFECTA, PETRONATE, PROTOL, PROTOPET, RUDOL, SEMTOL, SNOWWHITE, SONNEBORN, SONNECONE, SONNENATURAL, SONNEOJELL, SONOLUBE, SUNISO, WITCO, WITCOGEL, WITCOVAR, WITSOL, and all other names, logos, and icons identifying Sonneborn and/or its products and services are proprietary marks of Sonneborn. Other product and company names mentioned herein may be the trademarks of their respective owners.
Compliance with Applicable Laws
Your access to this Site is governed by all applicable federal, state and local laws.
Assumption of Risk
Use of the Internet and this Site is solely at Your own risk and is subject to all applicable local, state, national, and international laws and regulations. While Sonneborn has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, Sonneborn and its affiliates, and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. You assume sole and complete risk for using this Site and must make Your own determination as to these matters.
Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection, Sonneborn reserves the right to view, monitor, and record activity on the Site without notice or further permission from you. Any information obtained by such monitoring, reviewing, or recording, or otherwise collected through the Site, may be disclosed by Sonneborn if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Sonneborn; (b) protect or defend the rights or property of Sonneborn or users of the Site; or (c) assist in the detection and investigation of fraud and other illegal activity.
Advertisers on this Site
Sonneborn, in its sole discretion, may post the advertisements of third parties on this Site. Your correspondence or any other dealings with advertisers found on this Site are solely between You and such advertiser. You agree that Sonneborn shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers on this Site. Moreover, You shall not knowingly or intentionally interfere with the display of such advertisements.
Links to Other Sites
Sonneborn may provide links, in its sole discretion, to other sites on the Internet for the convenience of its Users in locating related information and services. These sites have not necessarily been reviewed by Sonneborn and are maintained by third parties over which Sonneborn exercises no control, and they are subject to their own terms and conditions and privacy policies. Sonneborn expressly disclaims any responsibility for the information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Moreover, these links do not imply an endorsement with respect to any third party or any web site or the products or services provided by any third party.
Events Beyond Company’s Control
You expressly absolve and release Sonneborn from any claim of harm resulting from a cause beyond its control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, acts of terrorism, wars, or governmental restrictions.
WHILE SONNEBORN ENDEAVORS TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AND MATERIALS AVAILABLE, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, SONNEBORN MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE. SONNEBORN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
IN NO EVENT SHALL SONNEBORN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION AND MATERIALS AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF SONNEBORN HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
You agree to defend, indemnify, and hold harmless Sonneborn and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Site or any breach by You of this Agreement. You agree to cooperate as fully as reasonably required in Sonneborn’s defense of any claim. Sonneborn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sonneborn.
Sonneborn welcomes Your feedback and suggestions about how to improve this Site. Any ideas, suggestions, information, know-how, material, or other content (collectively, “content”) received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Sonneborn to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. You hereby waive any claim to the contrary.
This Agreement has been made in, and will be construed and enforced in accordance with the laws of the State of [New Jersey], as applied to agreements entered into and completely performed in the State of [New Jersey]. Any action to enforce this Agreement will be brought in the federal or state courts presiding in the State of [New Jersey], and all parties to this Agreement expressly agree to be subject to the jurisdiction of such courts. This Site is controlled and operated by Sonneborn from its offices within the United States. Sonneborn makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Term and Termination
This Agreement will take effect at the time the User begins using this Site (thereby indicating acceptance of these Terms and Conditions). Sonneborn reserves the right at any time and for any reason to deny any User access to the Site or any portion thereof, and to terminate this Agreement. Termination will be effective without notice.
Failure to insist on strict performance of any of the Terms and Conditions of this Agreement will not operate as a waiver of any subsequent default or failure of performance. No waiver by Sonneborn of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
No joint venture, partnership, employment, or agency relationship exists between a User and Sonneborn as a result of this Agreement or User’s utilization of this Site.