1. Permission to Use Site. The information and materials provided on this Site are solely for your noncommercial, educational use to assist you in evaluating the products and services offered by Koppers. Other uses are not permitted unless you receive Koppers prior written approval. Unless otherwise indicated, you are authorized to make a reasonable number of copies of documents or forms displayed on this Website provided you retain all copyright or other proprietary notices or disclaimers. Copying other than in accordance with these terms is strictly forbidden. Without limiting the foregoing, you may not distribute, modify, transmit, re-post, or use the content of this website for commercial purposes, including any data, text, images, without the prior written consent of Koppers. Certain sections of this website may also contain additional restrictions as to use or access.
You may only use this site for legal purposes. You may not use this site to publish, post, distribute or disseminate any defamatory, infringing, obscene or otherwise unlawful material or information on or through this Site. Any messages, advice, opinions or other information posted to the Site by third parties should not be viewed as endorsed or otherwise approved by Koppers. Use of such material or information is at your own risk.
4. Material Safety Data Sheets. Products described on this Site may only be used in accordance with the health, safety and environmental information set forth in our Material Safety Data Sheets, which is incorporated herein by reference. Click here to view our Material Safety Data Sheets.
Koppers is eager to receive your comments and answer your questions about our products and our company. However, in submitting Communications, you grant Koppers and its affiliates full proprietary rights in any Communications that you post to the Site. You also grant Koppers and its affiliates the right to use the name you submit with any Communications, comment, review, or other content. You represent and warrant that you own or otherwise control all rights to any Communications or other content you post on the Site. Furthermore, you agree that Koppers is free to use any ideas, concepts, know-how, or techniques contained in any Communications you send to the Site for any purpose whatsoever, including but not limited to developing and marketing products or services using such materials or information.
8. Disclaimer of Warranty. ALL MATERIALS AND INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE AREvPROVIDED "AS IS" FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENTPERMITTED BY LAW, KOPPERS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TOTHE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OFINTELLECTUAL PROPERTY. KOPPERS DOES NOT WARRANT THAT THE CONTENT OF THE SITE IS ACCURATE, TIMELY, RELIABLE, CORRECT, OR COMPLETE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. KOPPERS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS AND INFORMATION ON THIS SITE OR ANY SITES LINKED TOTHIS SITE, NOR DOES KOPPERS WARRANT THAT THE SITE WILL BE ACCESSIBLE AT ALL TIMES OR IN ALL GEOGRAPHIC AREAS.FURTHER, KOPPERS DOES NOT WARRANT THAT THIS WEBSITE OR THE MATERIALS AND INFORMATION MADE AVAILABLETHROUGH IT ARE FREE FROM COMPUTER VIRUSES, WORMS OR OTHER HARMFUL EFFECTS. YOUR USE OF THE SITE IS SOLELY ATYOUR OWN RISK. Some states/jurisdictions do not allow the exclusion of implied warranties, so the above disclaimer may not apply to you.
9. Limitation of Liability. UNDER NO CIRCUMSTANCE ;SHALL KOPPERS OR ITS SUPPLIERS OR RESELLERS BELIABLE FOR ANYDIRECT, INDIRECT, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITEDTO, DAMAGES ATTRIBUTABLE TO ANY LOSS OF DATA, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, OR LOSSOF USE, ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS OR INFORMATION ON THE SITE (OR SITES LINKED TOTHE SITE), EVEN IF KOPPERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN MAIL OR OPERATION, OR TRANSMISSION, COMPUTER VIRUS,COMMUNICATION LINE OR INTERNET SERVICE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATIONOF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, STRICT LIABILITY, NEGLIGENCE, ORUNDER ANY OTHER CAUSE OF ACTION.
10. Indemnification. You agree to indemnify and hold harmless Koppers and its directors, officers, shareholders proprietors, employees, representatives and agents, affiliates and subsidiaries from any and all claims, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) arising from your use or inability to use the Site.
11. Termination of Services. Koppers reserves the right, in its sole discretion, to discontinue the Site or to terminate your access to all or part of the Site, with or without notice. You agree that Koppers, its suppliers, and resellers shall not be liable to you in the event of such termination.
12. Compliance with Applicable Law. You agree to comply with all applicable laws and regulations of the various states and of the United States, including all export and re-import laws and regulations. Regulatory requirements are subject to change and may differ from location to location. Use of certain of the products identified on this website may be regulated by the United States Environmental Protection Agency ("USEPA") through approved label copy. It is a violation of federal law to use such products in a manner inconsistent with their labeling.
13. Errors & Omissions. Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Koppers or its subsidiaries and affiliates may also make improvements and/or changes in the products described in this information at any time without notice.
16. Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by a duly authorized representative, partner, or owner of the party claimed to have waived or consented. Should either party consent, waive, or excuse a breach by the other party, whether expressed or implied, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach.
17. Force Majeure. Koppers shall not be liable for damages for any delay or failure arising out of causes beyond its reasonable control and without default or negligence, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
19. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
20. Entire Agreement.
This agreement, together with the incorporated documents, constitutes the entire agreement between the parties relating to the Site and its use and supersedes any previous written or oral agreement or understanding of the parties hereto with respect to such subject matter.