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Terms of Use

These Terms of Use govern your use of the Ferro.com web site (the “Site”) provided by Ferro Corporation. (“Ferro,” “we” and “us”).  BY USING THE SITE, YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE.  These Terms of Use apply to anyone who visits or otherwise uses the Site.

UPDATES
We may update these Terms of Use from time to time without notice to you.  You can review the most current version of the Terms of Use at any time at http://www.Ferro.com/Terms/

USE OF THE SITE
By visiting or otherwise using, the Site:

  • You represent that you are of legal age to form a binding contract, and are not a person barred from using the Site under the laws of the United States or any other applicable law.
  • If you are using the Site on behalf of your employer, you represent that you are authorized to do so.
  • You agree that if you provide information about yourself when requesting information from Ferro, you will provide true, accurate, current and complete information as prompted by the Site's registration form.

CONDUCT
You agree to abide by the following rules for use of the Site.

  • You may not use the Site in such a manner as to violate any applicable law.
  • You may not use the Site or any hardware, software, or equipment of Ferro for the purposes of destroying, disrupting or interrupting any software, hardware or any part of the Internet, with respect to Ferro or any other party, including denial of service attacks, imposition of an unreasonable or disproportionately large load on infrastructure, or virus dissemination.
  • You may not use any robot, spider or other automated device to monitor or copy the web pages of the Site or any information provided on the Site without the express written permission of Ferro. 

We reserve the right to modify any features of the Site at any time without advance notice.

CONTENT
We use reasonable efforts to ensure that information we provide on the Site will be accurate, but we do not guarantee the accuracy, timeliness, completeness or quality of any material that is found on, in connection with, or posted to our Site. Further, Ferro, although it may choose to do so, is under no obligation to record or retain any of the material on or associated with the Site, regardless of any requests to do so. 

LINKS TO OTHER SITES
The Site may contain links to other websites. Ferro has no control over, and accepts no liability, obligation, or responsibility for, the contents or performance of other websites. Any such link does not constitute an endorsement of, or any representation regarding, the linked website, its content, its owner, its performance, or its owner’s products or services.

OWNERSHIP
All materials on the Site, including text, graphics, logos, icons, and images, are the property of Ferro or other content providers, and are protected by United States and foreign intellectual property laws. The compilation of all the content on this Site is the exclusive property of Ferro and is also protected by United States and foreign intellectual property laws. You may download, view, copy, and print the materials on this Site for personal or internal business use only, provided that you do not remove or alter any trademark, service mark, or logo, or any copyright, trademark or other intellectual property notices. Except as provided above, you may not download, view, copy, print, reproduce, distribute, republish, display, post, transmit, or modify any material, or portion thereof, located on the Site, or resell access to the Site, in any form or by any means without the prior written consent of Ferro.  We reserve the right to revoke any of the rights granted in these Terms of Use at any time, and those rights automatically terminate if you violate any of these Terms of Use.  Unauthorized use of any material on the Site may violate copyright law, trademark law, and other laws of the United States and other jurisdictions. All rights not expressly granted in these Terms of Use are reserved.  FERRO is the registered trademark of Ferro Corporation.  The other trademarks, service marks, and logos used on the Site are trademarks of Ferro or others.

CONTRIBUTIONS
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Ferro through any suggestion or feedback web pages, via email, or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Ferro is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ferro shall be entitled to use or disclose (or not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ferro may have something similar to the Contributions already under consideration or in development; and (e) you are not entitled to any compensation or reimbursement of any kind from Ferro in connection with the Contributions under any circumstances.

EQUITABLE RELIEF
You acknowledge and agree that breach of these Terms of Use will result in irreparable harm that would be difficult to measure; and, therefore, that upon any such breach or threat of such breach, Ferro shall be entitled to seek injunctive and other appropriate equitable relief from any court of competent jurisdiction (without the necessity of proving actual damages or of posting a bond), in addition to whatever remedies it may have at law, under these Terms of Use, or otherwise.

DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION AND CONTENT INCLUDED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.  TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, FERRO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND THE ALL INFORMATION AND CONTENT INCLUDED ON THE SITE.  FERRO MAKES NO WARRANTY THAT (A) THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR (B) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES, “TROJAN HORSES,” OR OTHER MALICIOUS CODE.  No information or advice obtained through the Site, or any other affirmation of Ferro, by words or actions, shall constitute a warranty.  

You use any material distributed, downloaded, or accessed from the Site at your own risk and discretion. You will be solely responsible for any damage to your computer system, loss of data, or loss due to your downloading or reliance upon any such material. Ferro assumes no responsibility, and will not be liable for, any damages to your computer equipment, software, or other property as a result of your downloading, viewing, or otherwise using the Site or any material found on the Site, or any other site to which the Site is linked, or any damages resulting from your reliance on materials posted on the Site. 

IN NO EVENT SHALL FERRO’S LIABILITY ARISING IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100).  YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING UNDER THESE TERMS OF USE OR THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE MUST BE BROUGHT WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES, OR BE FOREVER BARRED.

DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL FERRO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, BREACH OF ANY WARRANTY OR ANY OTHER OBLIGATION IMPOSED ON FERRO IN CONNECTION WITH THESE TERMS OF USE; OR THE USE OF OR INABILITY TO USE THE SITE. “Consequential damages” include, without limitation, loss of use, loss of customers, income or profit, damages or losses resulting from claims of other persons against you.

Ferro shall not be liable for any failure to perform under these Terms of Use where such failure results from any cause beyond Ferro’s reasonable control, including but not limited to mechanical, electronic, or communications failure or degradation.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, THOSE PROVISIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

INDEMNITY
You agree to indemnify and hold harmless Ferro and its directors, officers, employees, agents, suppliers, parents, affiliates, subsidiaries, successors and assigns, from and against any and all  fines, penalties, suits, actions, claims, liabilities, judgments, losses, damages, costs and expenses (including attorneys’ fees) resulting or arising from your violation of the Terms of Use or from any third party claim arising as a result of your use of the Site or reliance upon any information found on the Site. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.

GOVERNING LAW
This contract shall be governed, interpreted and construed by and in accordance with the internal substantive laws of the State of Ohio, United States of America, without regard to the conflict of laws provisions thereof, and expressly excluding the United Nations Convention on Contracts for the International Sale of Goods.  Except as set forth in the “Equitable Relief” provision of these Terms of Use, any dispute arising hereunder shall be resolved in the United States federal courts serving Cleveland, Ohio, U.S.A. or in the courts of the State of Ohio, as may be applicable. Such courts shall have exclusive jurisdiction and venue for resolution of all such disputes and the parties hereto do hereby irrevocably submit to such jurisdiction and venue, and waive any objection to the contrary hereafter.

GENERAL PROVISIONS
All the terms of these Terms of Use shall apply to and bind your assignees and successors in interest and those of Ferro.  This Agreement is not assignable by you without Ferro’s prior written consent.  The waiver by Ferro of any breach or default shall not be deemed to be a waiver of any later breach or default.  The exercise or failure to exercise any remedy shall not preclude the exercise of that remedy at another time or of any other remedy at any time.  If any provision or portion of this Agreement is held to be invalid or unenforceable, the other provisions and portions shall not be affected.  The headings are used for the convenience of the parties only and shall not affect the construction or interpretation of this Agreement.