TERMS AND CONDITIONS

 

Last Updated: January, 2018

These Terms of Use govern your use of the Ferro.com web site (the “Site”) provided by Ferro Corporation (“Ferro,” “we” and “us”).  These Terms of Use apply to anyone who visits or otherwise uses the Site. The Privacy Policy is incorporated by reference into these Terms of Use and you are agreeing to accept and abide by them by using the Site. BY USING THE SITE, YOU HEREBY AGREE TO USE THE SITE ONLY IN ACCORDANCE WITH THE FOLLOWING TERMS OF USE.  PLEASE READ THESE TERMS OF USE CAREFULLY. If you do not agree with these Terms of Use, do not access, use, or provide any information on our Site. 

 

ACCESSING THE SITE 
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to certain users.

You are responsible for:

 

PROHIBITED USES
You may only use the Site for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site to:

 

USER CONTENT AND CONTRIBUTIONS
The Site may contain message boards, profiles, forums, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "user contributions") on or through the Site. All user contributions must comply with the content standards set out in these Terms of Use.

Further, any user contribution you post to the site will be considered non-confidential and non-proprietary. By providing any user contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.

You represent and warrant that:

 
All comments, suggestions, feedback, or ideas submitted by you are Ferro’s property and we may access, copy, modify, redistribute, publish, or otherwise use them for any purpose and in any way without due compensation to you. Ferro does not waive any right to use similar ideas previously known to us or developed by us.

 

CONTENT STANDARDS
These content standards apply to any and all user contributions and use of the Site. User contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, user contributions must not:

 

 

PRIVACY
Please review the Privacy Policy, which describes Ferro’s practices regarding the information that Ferro may collect from users of the Site, including your content and information that you provide to us. By accessing and using the Site, you hereby consent to all actions we may take with respect to your information consistent with our Privacy Policy.  

 

THIRD-PARTY WEBSITE LINKS AND REFERRALS
The Site may contain links to other sites operated by third parties (“Third Party Sites”) and referrals to third-party vendors (“Referred Vendors”). Such Third-Party Sites and Referred Vendors are not under our control. We provide these links and referrals only as a convenience and we do not review, approve, monitor, endorse, or make any representations or warranties with respect to such Third-Party Sites or Referred Vendors for these products and services. We encourage you to review all applicable agreements, terms of use/service, and other policies of these Third-Party Sites and Referred Vendors.

 

OWNERSHIP & INTELLECTUAL PROPERTY RIGHTS
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.

 

GEOGRAPHIC RESTRICTIONS
The owner of the Ferro Site is based in the United States. Ferro provides the Site for use only by persons located in the United States. Ferro makes no claims that the Site or any of its contents are accessible or appropriate outside the United States. Access and use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

 

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.

 

UPDATES
We reserve the right to make changes to these Terms of Use over time. We may update these Terms of Use from time to time without notice to you. Continued use the Site following this notice will indicate your acknowledgment and agreement to be bound by the revised Terms of Use. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You can review the most current version of the Terms of Use at any time.

 

ELIGIBILITY; CHILDREN
You may not use the Site where prohibited by applicable law. This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site. 

 

TERM AND TERMINATION
These Terms of Use will remain in full force and effect as long as you continue to access or use the Site, or until terminated in accordance with the provisions of these Terms of Use. At any time, and without prior notice, Ferro may suspend or terminate your rights to use the Site if Ferro believes in good faith that you have used the Site in violation of these Terms of Use.

 

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 law 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.

 

ASSIGNMENT
You may not assign or transfer these Terms of Use and any associated rights or obligations, by operation of law, without Ferro’s prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, will be null and of no effect. Ferro may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors, and permitted assigns. 

 

ENTIRE AGREEMENT; WAIVER; SEVERABILITY
These Terms of Use constitute the entire and exclusive understanding between you and Ferro with respect to the use of the Site, and these terms supersede and replace any and all prior oral or written understandings or agreements between Ferro and you regarding the Site. Ferro’s failure to enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision or of any other rights or provisions in these Terms of Use. If a court or tribunal should find that one or more rights or provisions set forth in these Terms of Use are invalid, you agree that the remainder of the terms will remain in full force and effect and that the invalid provision will be enforceable to the fullest extent permitted by law.

 

CONTACT US
Should you have any questions, please contact us immediately via FerroCompliance@Ferro.com