Terms and Conditions of Website Use

Terms and Conditions of Website Use

Each user of the Ellsworth.com Website agrees as follows:

1. Copyrights, Confidentiality and Intellectual Property

BY ENTERING THIS SITE, THE USER ACKNOWLEDGES AND AGREES TO ALL TERMS AND CONDITIONS STATED HEREIN. IF THE USER DOES NOT AGREE TO THESE TERMS, THE USER SHOULD NOT USE THIS SITE. All copyrights, trademarks, content, business methods, graphics, designs and documents posted on this website, as well as the look and feel of this website ("Intellectual Property") are the property of Ellsworth Corporation, Ellsworth Adhesives Specialty Chemical Distribution,Inc., their affiliates (collectively "Ellsworth") and/or their licensors. Ellsworth's posting of Intellectual Property does not constitute a waiver or license to the user or any other party.

The user may download one copy of the materials on any single computer and print a copy of the materials solely for use in learning about or evaluating Ellsworth's products or services. The user may not otherwise copy, print, reproduce, distribute, transmit, upload, download, store, use, or change the materials. All such materials are copyrighted by Ellsworth or its licensors.

Permission to use documents (such as white papers) is granted, provided that (a) Ellsworth's copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (b) use of such documents is for informational and noncommercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any documents are made. Ellsworth's sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Ellsworth site may be copied or retransmitted unless expressly permitted in writing by Ellsworth.

The user agrees to hold any Confidential Information obtained as a result of using this site in confidence and, unless required by law, not to disclose the Confidential Information or use it for any purpose other than as permitted herein. The user will take all reasonable steps to ensure that Confidential Information is not disclosed by its employees or agents in violation of this Agreement. "Confidential Information" means any information labeled as "confidential" or which a reasonable person would know is proprietary information, including but not limited to, business plans, customer lists and information, financial reports and information, descriptions of manufacturing processes, and product development and marketing plans.

2. Disclaimer

This website includes information regarding Ellsworth products. This information is provided for user's general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. The information is not a sufficient basis for making a decision with respect to the purchase of products. Before purchasing products, the user must conduct its own due diligence, analysis and application testing of the products, their risks and their suitability in the user's particular circumstances.

Although Ellsworth attempts to provide useful information, Ellsworth does not guarantee that the information is accurate, current or suitable for any particular purpose. Ellsworth assumes no obligation to update posted information. Ellsworth does not guarantee access to this website, or that this website will be free of viruses, or that third parties cannot tamper with this website.

THIS WEBSITE AND THE INFORMATION ON IT INCLUDING WITHOUT LIMITATION "ASK THE GLUE DOCTOR, BLOGS, AND PODCASTS" ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF SUITABILITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, TIMELINESS, TITLE OR NONINFRINGEMENT. USE OF THIS WEBSITE AND THE INFORMATION ON IT IS AT THE USER'S SOLE RISK. THERE MAY BE VIRUSES, MALFUNCTIONS WITH TRANSMISSIONS, OR OTHER SITE PROBLEMS. ELLSWORTH SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO USE OF OR RELIANCE ON THIS WEBSITE OR ANY WEBSITE OPERATED BY A THIRD PARTY TO WHICH A LINK OR REFERENCE IS PROVIDED HEREIN, OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EVEN IF ELLSWORTH IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELLSWORTH CORPORATION OR ANY OF ITS EMPLOYEES, CREATES ANY WARRANTY. IF AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY (90) DAYS FROM USE OF THE WEBSITE. THE LIMITATION ON IMPLIED WARRANTIES MAY NOT APPLY TO THE USER AND THE USER MAY ALSO HAVE OTHER RIGHTS UNDER LAW IN SOME STATES. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO THE USER.

ALTHOUGH ELLSWORTH HAS TRIED TO POST ACCURATE INFORMATION, ELLSWORTH DOES NOT WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE. IT IS THE USER'S RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS WEBSITE MAY INCLUDE INACCURACIES, ERRORS OR OMISSIONS. ELLSWORTH CORPORATION MAY CHANGE PRODUCTS AND/OR THE SERVICES AT ANY TIME AND RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS WITHOUT NOTICE.

3. Links To Other Websites

Links may exist between the Ellsworth website and one or more other websites operated or with content provided by other parties. Such links are for the user's convenience and information, However, Ellsworth does not evaluate or control such other websites or their contents and Ellsworth will not be liable for damages arising in relation to such websites or their content. Links do not constitute an endorsement by Ellsworth of such websites, their content or their operators. The user clicks on those links and visits those sites at the user's own risk.

4. Appropriate Use

The user agrees to abide by the laws of the user's jurisdiction and any jurisdiction with which the user communicates. The user shall not post content, which is unsuitable, or of a non-business nature including, but not limited to, profane, obscene, threatening, defamatory or demeaning statements, content that infringes third party rights or violates the law, or content that promotes violence or contains hate speech. The user hereby agrees to indemnify Ellsworth and its affiliates against damages (including attorneys' fees) brought by a third party, arising out of or alleging a breach of the user's obligations or agreements herein. Ellsworth Corporation reserves the right to terminate the user's access to the Ellsworth website if the user violates its obligations or agreements herein. The user is solely responsible for backing up all data the user inputs onto the site.

5. Security of Communications

Ellsworth has taken steps to protect the authenticity and security of communications sent to or from the Ellsworth website. Ellsworth does not, however, warrant the security of such communications.

6. Use and Confidentiality of Communications

Messages sent to the Ellsworth website grant to Ellsworth the right to read and use the communications, as Ellsworth deems appropriate in its sole discretion. Communications are not sent in confidence.

By using this site, the user acknowledges that Ellsworth reserves the right to monitor all activity and take reasonable action to protect Ellsworth's website from unauthorized use.

Please read the Website Privacy Statement for additional information about the use of your information.

7. Submissions

By using the Ellsworth website, the user agrees that Ellsworth may use and disclose, without compensating the user, any information and materials that the user submits. Ellsworth may use any ideas or know-how based on information and materials provided to Ellsworth by the user through the website. Ellsworth may acquire businesses in the future to which the user's personal information may be transferred. Ellsworth may transmit the information to another country for purposes such as storage, or because of server locations. Ellsworth will release the user's personal information if required to do so by law or court order.

8. U.S. Government

This site (including software and documentation) is a "commercial item" as that term is defined at 48 C.F.R. 2.101; consisting of "commercial computer software and commercial computer software documentation" as such, terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government users acquire or use this site with only those rights set forth in these Terms and Conditions.

9. Use of Chat Rooms, Blogs, Bulletin Boards and Other User Forums

Ellsworth may monitor or review any areas on the site where users transmit or post communications, and/or where users communicate with each other, for the purpose of promoting efficiency, usefulness and appropriate website use. However, Ellsworth will not monitor or review every posting or communication, and Ellsworth disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity or otherwise. While Ellsworth may monitor the content of posting and communications from time to time, Ellsworth does not endorse, sanction, or necessarily agree with the postings and communications. Any statements or materials posted, including advice and opinions, are solely the views and responsibility of those posting such statements or materials, and do not necessarily represent the views of Ellsworth. Ellsworth, in its sole discretion, reserves the right to discontinue chat rooms, blogs, bulletin boards, and/or user forums generally or with respect to any user at any time.

Content posted by users is not pre-screened by Ellsworth. Accordingly, users who access the user forums do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Ellsworth reserves the right, in its sole discretion, to reproduce, delete, or modify any postings or content.

The following are prohibited on the Ellsworth user forums: obscene or offensive language, defamatory comments, personal information, price collusion, bid-rigging, boycotting, market/territory/customer allocation, and any other unlawful practice, conduct or information.

The user hereby agrees and warrants to Ellsworth that the submitted material: (a) is not offensive, obscene, or otherwise contrary to the laws of any jurisdiction where the website may be accessed; (b) does not violate the copyright, trademark, patent or other intellectual property rights of any person or entity; and (c) is true and accurate and does not constitute libel, slander, invasion of privacy, defamation, or violation of law.

10. License

Ellsworth grants the user a nonexclusive limited license to use and access the Ellsworth website solely in accordance with these Terms and Conditions. Ellsworth may revise or revoke such license at any time, in Ellsworth's sole judgment.

Nothing herein confers any license or right under any patent, trademark, or proprietary rights of Ellsworth, its affiliates, or any other third party. Except as expressly provided above, nothing herein confers any license or right under any Ellsworth copyright.

United States copyright law and international treaties protect this website and all software and documentation contained herein. Unauthorized reproduction or distribution is subject to civil and criminal penalties.

11. General

These Terms and Conditions will be construed in accordance with the internal laws of the State of Wisconsin, U.S.A., without regard to its conflict of laws provisions. The user hereby irrevocably consents and admits itself, himself or herself to the exclusive jurisdiction of the state and federal courts situated in the Eastern District of Wisconsin for purposes of litigating any dispute hereunder. Ellsworth may revise website content at anytime without notice to any user. Ellsworth may amend or make additions, deletions, and/or modifications to these Terms and Conditions at any time without prior notice. Such changes shall be effective upon posting the amended Terms and Conditions to the Ellsworth website and the user hereby agrees to be bound by such changes. ELLSWORTH MAKES NO REPRESENTATION THAT THE MATERIALS CONTAINED WITHIN THIS SITE ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained therein. No wavier by Ellsworth of any right under of provision of these Terms and Conditions will be deemed a waiver of any right.

A copy of this document is available in PDF format for download here.

-->