BIRLA CARBON WEBSITE TERMS AND CONDITIONS OF USE COPYRIGHT & DISCLAIMER
© Copyright 2004, 2019, Birla Carbon USA Inc d/b/a Birla Carbon. All rights reserved.
Birla Carbon companies are under the ownership of the Aditya Birla Group. The Birla Carbon website can provide you with detailed information about Birla Carbon’s business and its key programs and initiatives. We have included information regarding the history of the company, our products and their distribution, our initiatives to protect the environment, and our commitment to the community and to our people.
WEBSITE TERMS AND CONDITIONS OF USE
Birla Carbon Website Terms and Conditions of Use
ACCEPTANCE OF TERMS
These terms and conditions shall govern your use of our website. By browsing, viewing, using, or accessing this website, you acknowledge and accept that you have read, understood, and agree to comply with these terms and conditions in full. You also agree to comply with all applicable laws and regulations, including any applicable United States export and re-export control laws and regulations. If you do not agree to comply with these terms, you must not use this website. Birla Carbon may unilaterally revise these Terms and Conditions of Use from time to time and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions of Use. Accordingly, please review these Terms and Conditions of Use regularly to ensure you are familiar with the current version.
The contents of this website are copyrighted under United States law and protected by worldwide copyright laws and treaty provisions. Birla Carbon USA Inc d/b/a Birla Carbon owns the intellectual property rights in this website and the material on this website. Without Birla Carbon’s written permission, you shall not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or otherwise exploit for a commercial purpose any information, software, products, or services obtained from this website. You may download one copy of the materials on this site onto a single computer only for your personal, non-commercial internal use. This is a single-copy, single-use license, not a transfer of title, and this license is subject to the restrictions stated within the Terms and Conditions of Use. In addition to the restrictions stated above, you may not modify the materials, use them for any commercial purpose, display them publicly, or remove any copyright or other proprietary notice from them. You may not disrupt, modify, or interfere with this website or its associated software, hardware, or servers or impede or interfere with others’ use of the website. Further, you may not alter or tamper with any information or materials on, or associated with, the website, nor may you attempt to copy, adapt, decipher, decompile, disassemble, or reverse engineer any of the software contained on this website or the HTML code or any other code used to generate this website or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website. All material on this site is provided for lawful purposes only and you must not use this website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious software. You must not use data collected from the website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). If you breach any of the Terms and Conditions of Use, this license automatically terminates and Birla Carbon may seek damages. Birla Carbon may terminate this license at any time without notice for any reason. You may terminate this agreement by destroying all material obtained from this website. Upon termination of this license for any reason, you must immediately destroy all material you have downloaded or obtained from this website. Unauthorized use of material from this website may violate copyright laws, trademarks laws, the laws of privacy and publicity, communications regulations and statutes, or other applicable laws, rules, or regulations, and may subject you to criminal penalties and/or civil liability.
Without Birla Carbon’s written permission, you may not mirror any part of this website or any material contained on this website on any server or computer.
U.S. GOVERNMENT RESTRICTED RIGHTS
The material on this website is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as stated within these Terms and Conditions of Use and in applicable laws and regulations, including FAR 52.227-14 and DFAR 252.227-7013, et seq. Use of this website by the Government constitutes acknowledgment and acceptance of Birla Carbon’s proprietary rights in the material on this website.
The trademarks, service marks, and logos used and displayed on this site are registered and unregistered trademarks of Birla Carbon and others. The Aditya Birla – Birla Carbon logo is a trademark of Aditya Birla Management Corporation Pvt. Ltd. of India. The following are trademarks of one of the affiliated Birla Carbon companies: Birla Carbon Conductex, Furnex, Statex, Raven, and Ultra, are registered in the U.S. or in various foreign countries. Other trademarks referenced on this site are registered trademarks in one or more foreign countries. Without Birla Carbon’s express written permission, you are not granted, expressly, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark, or logo displayed on this site. You agree to indemnify, defend, and hold Birla Carbon and all of its officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors harmless from and against any liability, losses, costs, and expenses (including attorneys’ fees and any amounts paid by Birla Carbon companies to a third party in settlement of a claim or dispute on the advice of Birla Carbon’s legal advisers) incurred by any party in connection with any claim including claims for copyright infringement or trademark infringement arising out of your use of this website, arising out of any breach or any claim of breach by you of any provision of these Terms and Conditions of Use, or your violation of the rights of any other person or entity. Birla Carbon reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
All other trademarks are the property of their respective owners.
SUBMISSIONS TO BIRLA CARBON
Any information communicated to Birla Carbon through this or other websites becomes Birla Carbon’s exclusive property, which entity is entitled to use any information for any purpose without restriction or compensation to any person. You grant Birla Carbon a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Birla Carbon the right to sub-license these rights, and the right to bring an action for infringement on these rights. Your “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
DISCLAIMER OF WARRANTY
This website and the material on this website is provided “as is,” without any representations or warranties of any kind, either express or implied. To the fullest extent possible, under applicable law, Birla Carbon disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement or other violation of rights. Birla Carbon does not warrant or make any representations regarding the use, validity, accuracy, or reliability of the materials on this website. Without limiting the generality of the foregoing, Birla Carbon does not warrant that: this website will be constantly available, or available at all; or the information on this website is complete, true, accurate, or non-misleading. Nothing on this website constitutes, or is intended to constitute, advice of any kind. Statements concerning the possible use of Birla Carbon products are not intended as recommendations to use those products in the infringement of any patent.
LIMITATION OF LIABILITY
Under no circumstances will Birla Carbon be liable for any direct, indirect, special, incidental, consequential, or other damages, including loss of programs, loss of data, loss of use of computer or other systems, or lost profits, in relation or arising from the contents of, your use or your inability to use, or otherwise in connection with, this website. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
By using this website, you agree that the exclusions and limitations of liability set out in these Terms and Conditions of Use are reasonable. If you do not think they are reasonable, you must not use this website.
Material on this site may contain technical or other inaccuracies, omissions, or typographical errors, for which Birla Carbon assumes no responsibility. Use this site at your sole risk. Material may be changed or updated without notice.
Birla Carbon makes no representations about any other website that you may access through this website. When you access a non- Birla Carbon website, you are accessing an independent website over which Birla Carbon has no control or responsibility, and you do so at your sole risk. The presence on this website of links to non-Birla Carbon sites does not mean that Birla Carbon endorses or accepts any responsibility for the content or use of those websites. Birla Carbon is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked website.
LOCATION OF OPERATION
This website is operated from the State of Georgia, United States of America, and Birla Carbon makes no representation that content provided is applicable or appropriate for use in other locations. Your use of this website does not subject Birla Carbon to judicial process in or to the jurisdiction of courts or other tribunals in your jurisdiction or location.
These terms and conditions are governed by and must be interpreted according to the laws of the State of Georgia, United States of America, notwithstanding any principles of conflicts of law. Birla Carbon’s failure to enforce any right granted by these Terms and Conditions of Use or by law may not be considered a waiver of its right to enforce any other right or to take action in response to your future breach of these Terms and Conditions of Use or your violation of the law. No waiver of any right granted to Birla Carbon under these Terms and Conditions of Use is effective unless stated in writing and signed by an authorized representative of Birla Carbon. If a provision of these Terms and Conditions of Use is found to be unenforceable, then that provision either may be enforced to the maximum extent allowed by law or it may be considered severed. Any unenforceable provision does not invalidate any other provision of these Terms and Conditions of Use.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.