Terms of Use
Terms of Use, Conditions, and Disclaimer of Warranties
The following terms and conditions govern the use by you of the Etowah Chemical Sales & Service, "ECSS", an Alabama corporation ("ECSS") website currently located at etowahchemicals.com (the "Website"). The terms and conditions set forth herein apply to all materials, online communications and other information and materials that are or become available on this Website (collectively, the "Information"). Please read these terms and conditions carefully before accessing this Website. BY SIGNING ON AND USING THIS WEBSITE, YOU SPECIFICALLY AGREE TO EACH OF THE PROVISIONS OF THE FOLLOWING AGREEMENT.
Downloading. You may download textual material from this Website for your own personal, non-commercial use only, provided you do not modify the materials and keep intact all copyright and other proprietary notices. You may not further distribute or display such materials for any purpose.
External Links. This Website may contain links to other websites. ECSS is not responsible for the availability of these external websites nor does it endorse or is it responsible for any of the contents, advertising, products or other materials on such external websites. Under no circumstances shall ECSS be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any such external website. Any concerns regarding any external link should be directed to the respective website, rather than to ECSS. By including a link to an external site in the Website, ECSS does not expressly state or imply that it has authorization from the owner of such site to link to it. Should you visit an external site from a link found on the Website, you do so at your own discretion and at your own risk.
Disclaimer of Warranties. THIS WEBSITE AND THE INFORMATION IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ECSS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ECSS DOES NOT WARRANT THAT THE INFORMATION IS COMPLETE OR ACCURATE, THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF DISABLING DEVICES (AS HEREINAFTER DEFINED). SHOULD YOU PURCHASE A ECSS PRODUCT FROM ECSS OR A THIRD PARTY, THE TERMS AND CONDITIONS APPLICABLE TO THAT TRANSACTION WILL GOVERN SUCH PURCHASE; YOUR USE OF THIS WEBSITE DOES NOT AFFECT THAT PURCHASE IN ANY MANNER. A "Disabling Device" is defined as any software, document, message or other material which contains a computer virus, worm, trojan horse, time bomb or other device which may erase, scramble, lock or disable computer software or equipment or may prevent users from using a website or any other item of hardware or software.
Limitation of Damages. UNDER NO CIRCUMSTANCES SHALL ECSS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON THE INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
Locality. ECSS operates and controls this Website from its offices located in the state of Alabama in the United States. ECSS makes no representation that the Information or other materials in the Website are appropriate or available for use in other locations. If you choose to access this Website outside of the state of Alabama through your own initiative, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Third Party Content and Trademarks. ECSS may distribute content supplied by third parties on the Website. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of ECSS. Life Insurance Company of Alabama, Life of Alabama or ECSS are trademarks of ECSS. Other product and company names mentioned herein may be the trademarks of their respective owners.
Submissions. ECSS's company policy does not allow ECSS to accept or to consider creative suggestions, ideas or other materials other than those ECSS has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures, including, but not limited to, pictures uploaded by ECSS insurance agents, or other materials (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the property of ECSS. None of the Submissions shall be subject to any obligation of confidence on the part of ECSS, and ECSS shall not be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, ECSS shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
General. ECSS shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the Website or any portion of the Website. ECSS may also change the terms and conditions set forth in this Agreement and any subsequent use of the Website by you constitutes your agreement to such changed terms and conditions. Any rights not expressly granted herein are reserved to ECSS.
Other. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama, without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
Termination. Either you or ECSS may terminate this Agreement at any time. You may terminate this agreement at any time by destroying all materials obtained from the Website and all related documentation and copies thereof. This agreement will terminate immediately without notice from ECSS if in ECSS’s sole discretion you fail to comply with any term or provision of this agreement.
Software License. Any software that is made available to download from this Website ("Software") is owned or licensed by ECSS and/or its suppliers and is subject to U.S. and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the "License Agreement").
The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the extent permitted by applicable law.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, ECSS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Export Controls. Software from this site is further subject to United States export controls, No software from this Website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident) of Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.