Terms of Use

Legal Restrictions and Terms of Use for This Web site.
Please read these Terms of Use carefully before using www.malms.com. By using www.malms.com you indicate your agreement to these Terms of Use. If you are not agreeable to these Terms of Use, please do not use www.malms.com.

Restrictions on Use of Materials

You acknowledge that this site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by Malm Chemical Corp., or by licensors of Malm Chemical Corp.. You agree and acknowledge that, notwithstanding that Malm Chemical Corp. permits access to the Content, the Content is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (collectively "Rights"), that these Rights are valid and protected in all media now existing or later developed, and that except as specifically provided in these Terms, your use of the Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws.

In addition to Malm Chemical Corp.'s and its licensors' Rights in individual elements of the Contents, Malm Chemical Corp. owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the Content, in whole or in part.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Malm Chemical Corp. be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Malm Chemical Corp. or a Malm Chemical Corp. authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Malm Chemical Corp.'s total liability to you for all damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Disclaimer

The materials in this site are provided "as is" and without warranties of any kinds, either expressed or implied. To the fullest extent permissible pursuant to applicable law, Malm Chemical Corp. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Malm Chemical Corp. does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Malm Chemical Corp. does not warrant or make any representation regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Malm Chemical Corp.) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties so the above exclusion may not apply to you.

Unsolicited Submissions

Malm Chemical Corp. welcomes comments regarding its products and services. However, Malm Chemical Corp.'s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by Malm Chemical Corp.'s very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products and not submit any creative ideas, suggestions or materials.

If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Malm Chemical Corp. None of the Information shall be subject to any obligation of confidentiality on the part of Malm Chemical Corp. and Malm Chemical Corp. shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

Jurisdictional Issues

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in North America. Malm Chemical Corp. may change, add or delete programs described in this Web site at any time without notice. This site is controlled and operated by Malm Chemical Corp. from its offices within the State of New York, United States of America. Malm Chemical Corp. makes no representation that materials in the site are appropriate or available for use outside North America. Those who choose to access this site from outside North America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Malm Chemical Corp. site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice from Malm Chemical Corp. if in Malm Chemical Corp.'s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other Malm Chemical Corp. site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

Other

This agreement shall be governed by and construed in accordance with the laws of the State of New York, 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 is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

http://www.malms.com
12/1/2003