Terms of Use

Welcome to www.unifrax.com, a web site (the “Site”) made available by Unifrax I LLC, 600 Riverwalk Parkway, Suite 120, Tonawanda, New York 14150, (“Unifrax”). The Site is only for customers of Unifrax and other individuals for the purposes described herein, and any use of the Site for other purposes is prohibited. If you are not an authorized user, you must immediately discontinue use of, and exit, the Site. Any use of the Site by authorized users is subject to the following additional terms and conditions:

1. Scope
These Terms of Use govern your access to, and use of, the Site. In using the Site, you agree to these Terms of Use on your own behalf, and if you are accessing the Site in your capacity as an employee, on behalf of your employer.

2. Access
The Site will generally be available to authorized users. However, Unifrax may at any time, in its sole discretion, modify, or remove from the Internet, the Site without notice to you, and without any liability to you for such removal or modification. In addition, any access of, or attempt to access, equipment, software or information of Unifrax or any third party not generally available to authorized users of the Site in connection with their use of the Site is prohibited. If (a) you use the Site on behalf of an employer, (b) in your capacity as an employee, you adopt a user name and password to access certain portions of the Site, and (c) your employment with such employer terminates, you must immediately notify Unifrax in writing of such termination, and your right to access any portions of the Site requiring your user name and password will immediately expire.

3. Permitted Use
You may access and use the Site only for any legitimate business purpose; provided, however, that you may not use the Site for any purpose prohibited by (a) Unifrax, in its sole discretion, after you receive notice of such prohibition, (b) these Terms of Use, or (c) any applicable law. Without limiting the generality of the preceding sentence, you may not use the Site to (a) defame or harass Unifrax or any third party, (b) promote obscene or other objectionable content, (c) infringe any intellectual or industrial property rights of Unifrax or a third party, (d) engage in any fraudulent conduct, or (e) send spam, or malware, viruses or other harmful code, over the Internet.

4. Additional Provisions
There may be additional terms and conditions contained elsewhere on the Site that relate to your use of certain portions of the Site. When applicable, your use of the Site is subject to these additional terms and conditions. For example, if you desire to purchase products from Unifrax (or one of its affiliated companies (a “Unifrax Affiliate”)) through the Site, when requested to do so, you must accept the terms and conditions contained elsewhere on the Site that relate to such purchase. In the event of a conflict between these Terms of Use and such additional terms and conditions, the former will control.

5. User Name and Password
In order to access certain portions of the Site, you may need to adopt and use a user name and password that comply with whatever protocol is from time to time established by Unifrax. You (a) are responsible for selecting your own user name and password, and maintaining their confidentiality, and (b) must immediately notify Unifrax in writing of any unauthorized access to, or use of, your user name or password. Unifrax will not have any responsibility or liability to you or any third party for your failure to keep your user name or password confidential, and may at any time, in its discretion, disable your user name or password for any reason without notice to you. In addition, Unifrax may rely on any use of your user name and password, whether by you or a third party, as having been authorized by you, unless you have previously notified Unifrax in writing of any unauthorized access to, or use of, your user name and password, and Unifrax has had a reasonable opportunity to act on such notice.

6. Content
All right, title and interest (including, but not limited to, all intellectual property rights) in any content contained on the Site (“Content”) belongs to, or is licensed by, Unifrax. You may access and use any Content only for any legitimate business purpose; provided, however, that you may not use any Content for any purpose prohibited by (a) Unifrax, in its sole discretion, after you receive notice of such prohibition, (b) these Terms of Use, or (c) any applicable law. Unifrax may at any time, in its sole discretion, modify or remove any Content without notice to you, and without any liability to you for such removal or modification.
You may only make copies of, or otherwise use, any Content (a) to learn about Unifrax or a Unifrax Affiliate, or any products or services of Unifrax or a Unifrax Affiliate, (b) in connection with your purchasing products or services, or enjoying the benefits of products or services previously purchased, from Unifrax, a Unifrax Affiliate or an authorized distributor of Unifrax or a Unifrax Affiliate, or (c) as otherwise authorized in writing by Unifrax.
You must make your own determination regarding the suitability of any Content for your purposes, and except as expressly stated herein, Unifrax will not have any responsibility or liability to you for your use of, or reliance on, any Content. Any test results that are included in any Content are averages of the results of tests conducted by Unifrax utilizing its standard procedures, and your actual results may differ from such test results, which should not be relied upon as specifications for the products being tested.

7. Disclaimer
THE SITE AND ALL CONTENT ARE MADE AVAILABLE TO YOU “AS IS” AND WITHOUT ANY WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, UNIFRAX DOES NOT WARRANT OR REPRESENT THAT (A) THE SITE WILL ALWAYS, OR AT ANY TIME, BE AVAILABLE FOR USE, (B) ANY USE OF THE SITE OR ACCESS TO ANY CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS IN THE SITE OR ANY CONTENT WILL BE CORRECTED, (D) THE SITE IS FREE OF MALWARE, VIRUSES OR OTHER HARMFUL CODE, (E) ANY CONTENT IS ACCURATE, COMPLETE OR SUFFICIENT FOR YOUR PURPOSES, OR (F) ANY CONTENT IS OWNED OR LICENSED BY UNIFRAX.

8. Links
The Site may from time to time be linked to other web sites that are not maintained by Unifrax. Unifrax is not responsible for any content contained on, or otherwise with respect to, such other web sites. No link from the Site to another web site, or from another web site to the Site, is an endorsement, sponsorship or recommendation by Unifrax of such other web site and the link is provided only for your convenience. Unifrax will have no responsibility or liability to you arising from any link between the Site and another web site.

9. Your Information
All content and other information provided by you to Unifrax through the Site will become property of Unifrax without any compensation or other consideration to you, unless in so providing it, you reserve in writing your proprietary rights, if any, in such content and information; provided, however, that if pursuant to any applicable law such content and other information are not owned by Unifrax, you grant to Unifrax a non-exclusive, perpetual, and fully-paid license to copy, enhance, modify, transfer, use and otherwise exploit such content and other information for any legitimate business purpose anywhere in the world. If you provide any content or other information to Unifrax while using the Site, such content and other information must be accurate and complete in all respects, unless by its nature such content or other information is not intended to be accurate or complete. In addition, you must immediately update such content and other information to maintain its accuracy and completeness. Any such content and other information posted by you on the Site may be removed by Unifrax, in its discretion, at any time, for any reason and without any notice to you.

10. Privacy
THROUGH THE SITE, UNIFRAX MAY COLLECT PERSONAL INFORMATION ABOUT YOU AND YOUR USE OF THE SITE. COLLECTION, USE AND DISCLOSURE OF SUCH INFORMATION ARE GOVERNED BY UNIFRAX’S PRIVACY POLICY, WHICH IS AVAILABLE FOR YOUR REVIEW HERE, (THE “PRIVACY POLICY”). IN ORDER FOR YOU TO ACCESS AND USE THE SITE, YOU MUST AGREE TO THE PRIVACY POLICY.

11. Information Protection
Unifrax will use commercially reasonable efforts to protect from unauthorized disclosure to, or use by, third parties any content or other information provided by you to Unifrax through the Site and with respect to which you reserve in writing your proprietary rights. However, Unifrax does not guaranty that any such information is secure from unauthorized disclosure or misuse by third parties, and Unifrax will not have any responsibility or liability to you for any such disclosure or misuse so long as it has (a) used such commercially reasonable efforts and (b) taken commercially reasonable remedial measures (including, but not limited to, taking any action regarding such unauthorized disclosure or misuse required by any applicable law) to mitigate the adverse consequences of any such unauthorized disclosure or misuse, subject at all times to Section 12.

12. Limitation On Liability
UNIFRAX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHER SIMILAR DAMAGES INCURRED BY YOU IN CONNECTION WITH (A) YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT, (B) ITS TAKING ANY ACTION PERMITTED BY THESE TERMS OF USE, OR (C) ANY OTHER MATTER RELATING TO THE SITE OR ANY CONTENT, WHETHER BASED ON BREACH OF CONTRACT, TORT OR OTHER THEORY OF LIABILITY, (“COVERED CLAIMS”), EVEN IF THE POSSIBILITY OF SUCH DAMAGES COULD HAVE BEEN FORESEEN BY UNIFRAX. IN ADDITION, EXCEPT ONLY IN THE CASES OF GROSS NEGLIGENCE AND INTENTIONAL MISCONDUCT BY UNIFRAX, UNIFRAX WILL NOT BE LIABLE FOR DIRECT DAMAGES INCURRED BY YOU IN CONNECTION WITH COVERED CLAIMS IN EXCESS OF THE AGGREGATE PURCHASE PRICE OF ALL PRODUCTS PURCHASED BY YOU FROM UNIFRAX (OR A UNIFRAX AFFILIATE) IN THE CALENDAR YEAR IN WHICH SUCH LIABILITY ARISES.

13. Indemnification
You must indemnify, defend and hold harmless Unifrax from and against all costs, damages, expenses, fines, indebtedness, liabilities, losses, penalties and other payments incurred by Unifrax (including, but not limited to, fees and disbursements of counsel to Unifrax) in connection with (a) your use of the Site or any Content, (b) your failure to perform any of your obligations pursuant to these Terms of Use, (c) Unifrax’s taking any action permitted by these Terms of Use, and (d) any other matter relating to the Site or any Content, except to the extent such costs, damages, expenses, fines, indebtedness, liabilities, losses, penalties or other payments are incurred by Unifrax solely due to the gross negligence or intentional misconduct of Unifrax.

14. Notice
You may send notices to Unifrax at ______________@unifrax.com, or by regular mail to Unifrax I LLC, Attn: Manager of Marketing Communications, 600 Riverwalk Parkway, Suite 120, Tonawanda, New York 14150. Any such notice will be effective upon actual receipt by Unifrax. Unifrax may send notices to you through e-mail, regular mail or a general posting on the Site. Any such notice will be effective (a) immediately upon Unifrax’s sending such notice to the address it has in its records for you in the case of e-mail, (b) five days after Unifrax’s sending such notice to the address it has in its records for you in the case of regular mail, and (c) immediately upon your entering the Site after such notice is posted on the Site.

15. Disputes
These Terms of Use shall be governed by, and interpreted and enforced in accordance with, the internal law of the state of New York, without regard to its principles of conflict of laws. You and Unifrax (a) will submit any dispute relating to the Site, any Content, these Terms of Use or any additional terms and conditions provided elsewhere on the Site, or any products or services purchased by you through the Site exclusively to any court located in the county of Erie, New York having subject matter jurisdiction over such dispute, and (b) consent to such court’s being, and waive any objection (including, but not limited to, any objection based on inconvenience) you may have to such court’s not being, a proper venue for such dispute.

16. Severability
Whenever possible, each provision of these Terms of Use shall be interpreted in such a manner as to be effective and valid under applicable law. If, however, any such provision shall be prohibited by or invalid under such law, it shall be deemed modified to conform to the minimum requirements of such law, or if for any reason it is not deemed so modified, it shall be prohibited or invalid only to the extent of such prohibition or invalidity without the remainder of such provision, or any other provision of these terms and conditions being prohibited or invalid.

17. Amendments
Unifrax may amend these Terms of Use at any time by posting such amendment on the Site. You will be bound by such amendment (a) immediately upon an e-mail message with respect to such amendment being sent to you at the address Unifrax has in its records for you, (b) five days after notice with respect to such amendment being sent to you by regular mail to the address Unifrax has in its records for you, (c) immediately upon your entering the Site after a general notification has been posted on the Site that these Terms of Use have been amended, or (d) immediately upon your accepting these Terms of Use, as so amended, when entering the Site, in each case regardless of whether or not you have actually read or assented to such amendment.

18. Miscellaneous
These Terms of Use (a) inure to the benefit of, and are binding upon, you and Unifrax and each of your and Unifrax’s successors and assignees, except that you may not assign any of your rights or obligations under these Terms of Use without first obtaining the written consent of Unifrax, and (b) constitute the entire agreement between you and Unifrax with respect to their subject matter, and supersede all prior oral and written proposals, representations, understandings and agreements (including, but not limited to, any general terms and conditions used by you in the ordinary course of your business).
Unifrax I LLC does not tolerate, or do business with, suppliers that engage in slavery or human trafficking of any kind.
All text and images on the Site, including these Terms of Use and the Privacy Policy are © 2015 Unifrax I LLC. All rights reserved.