DUBOIS CHEMICALS, INC.
Date of Last Revision: October 18, 2022
As used in this Agreement, the words “you” and “your” refer to any person accessing the DuBois Website. The words “we,” “us,” and “our” refer to DuBois.
DuBois may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.
License to Use Website
DuBois hereby grants you a limited, non-assignable, non-exclusive license to access the Website subject to and in accordance with the terms of this Agreement. Any violation of the terms of this Agreement is grounds for immediate termination of this limited license and may result in legal action by DuBois.
Availability of Service
While DuBois makes reasonable efforts to ensure that the Website is available at all times, DuBois does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and DuBois does not guarantee that users will be able to access or use all or any of the Website features at all times.
Further, DuBois reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. DuBois may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability. You agree that DuBois shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Rules of Conduct
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website. In addition, your use of the Website is conditioned on your compliance with the following rules of conduct. You agree not to use this Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any DuBois employee, agent, or representative; or expressing or implying that DuBois endorses any statement you make.
You also may not modify, adapt, translate, reverse engineer decompile or disassemble any portion of the Website. Further, you may not interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, root kit or other harmful code is prohibited.
Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about DuBois employees and representatives identified on the Website, without their express consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website or the Website’s content, including DuBois’ or any other party’s intellectual property therein, without our prior express written authorization.
Content Submitted or Made Available to DuBois
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, information, proposals, or materials similar thereto (“Submissions”) to DuBois, through feedback, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of DuBois without any obligation of DuBois to you; (c) DuBois is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) DuBois shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) DuBois may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from DuBois in exchange for the Submissions.
Further, DuBois may access and use the Website and any information stored thereon, including the contents of any Submissions, for any lawful purpose. Further, we may disclose the contents of any Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
DuBois Intellectual Property Rights
This Website and its downloadable contents are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, or as otherwise permitted by law, but you may not copy any part of the Website for any other purpose without the express written consent of DuBois’s authorized agent, and you may not modify any part of this Website for any reason. Inclusion of any part of this Website in another work, whether in printed, electronic or other form, and inclusion of any part of the Website in another website by linking, in-line linking to, framing or otherwise, is strictly prohibited without agreeing to DuBois Terms and Condition and obtaining the expressed written consent of DuBois’ authorized agent.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to DuBois are trademarks and/or service marks owned by DuBois Chemicals, Inc. and/or its affiliates. Any use of copyrighted works, trademarks or service marks, including the reproduction, removal, modification, distribution or republication of same without the prior express written permission of DuBois’ authorized agent, is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
DuBois’ Statutory Agent can be reached by directing communications to:
C/O FBT OHIO, INC., Statutory Agent
3300 Great American Tower
301 East Fourth Street
Cincinnati OH 45202
If you believe that any materials posted on this Website infringe the copyright in your work, please direct your concerns to our Statutory Agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns.
Enforcement of the Agreement
DuBois may investigate any reported, alleged or suspected violation of this Agreement, and take any action that DuBois, in its sole discretion, deems appropriate. Such action may include issuing warnings, suspension of a user’s access to the Website or complete termination of such access, at any time. Additionally, DuBois reserves the right to bring suit for any violation of this Agreement.
Limitation of Liability and Disclaimer of Warranties
IN NO EVENT SHALL DUBOIS, ITS SUPPLIERS, AFFILIATES, OR OTHER THIRD PARTIES MENTIONED ON THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. DUBOIS DOES NOT WARRANT THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHER, NEITHER DUBOIS NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR HOSTING OF THIS WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE AND/OR ACCESS TO THE WEBSITE OR ANY MATERIALS CONTAINED THEREON. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE OR THE MATERIALS.
Without limiting the foregoing, everything on the Website is provided to you “AS IS” and DUBOIS SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE, ITS CONTENTS, AND ANY SERVICE PROVIDED VIA THE WEBSITE.
You agree to defend, indemnify and hold harmless DuBois, its affiliates and its suppliers, and each of their respective partners, employees, representatives and agents, from and against all claims, losses, costs, damages, liabilities and expenses (including, but not limited to, attorney fees) arising out of:
Your activities in connection with this Website.
Any violation of this Agreement by you.
Any improper or unauthorized use of the Website by you.
Any allegation that anything you transmit through or in connection with the Website infringes or otherwise violates the intellectual property, privacy or other rights of any third party.
Any conduct, activity or action engaged in by you which is unlawful or illegal under any state, federal or common law, or violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Services, or any other such service or information provided by the Website.
If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Choice of Law and Jurisdiction
Unless otherwise specified, the Website and its contents are provided solely for providing information about DuBois. The Website is controlled and operated by DuBois from its Ohio location. As such, any dispute arising under this Agreement shall be resolved exclusively by Ohio’s state or federal courts, applying Ohio law, regardless of principles of conflicts of law. By your use, you waive any jurisdictional, venue or inconvenient forum objections to such courts for purposes of resolving these disputes.
Links to Other Websites
Policies for Children
The Website is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, we advise all visitors to the Website under the age of 13 not to disclose or provide any Personally Identifiable Information. In the event that DuBois discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998.
Please see the Federal Trade Commission’s website for this act.
Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.
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3630 E Kemper Rd, Sharonville, OH 45241 | 800-438-2647
© 2020 DuBois Chemicals. All Rights Reserved.