(C) 2013 Diversey Inc, 8310 16th Street, Sturtevant, WI 53177-1964. (262) 631-4001. All rights reserved.
Confidential and Proprietary.
TERMS AND CONDITIONS OF USE DIVERSEY WEB SITES
TERMS AND CONDITIONS OF USE DIVERSEY WEB SITES
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AND DISCLAIMERS BEFORE VIEWING, VISITING OR USING THESE WEB SITES. By accessing or using this network of Diversey web sites, you agree to these terms and conditions of use and all applicable laws governing use of the internet. If you do not agree to these terms and conditions of use or the applicable laws, you may not use the Diversey web sites.
All information contained in this web site is the confidential and proprietary information of Diversey, Inc., its parent companies, subsidiaries and/or affiliates (the “Confidential Information”). By registering, logging in or accessing this web site, you agree to keep the Confidential Information confidential. You shall not disclose Confidential Information to a third party without express written permission from Diversey, Inc.. You will be liable for any breach of the confidentiality obligations as stated in this Agreement.
Ownership and Copyright
This network of sites, diversey.com, and any web sites for local countries ("Diversey web sites") are owned, operated and maintained by Diversey, Inc. ("Diversey"), unless otherwise agreed to in writing. The Diversey web sites were created for the purposes of information, education, commerce and communication.
The copyrights in all perceptible components of the Diversey web sites, including the text, graphics, images, audio and video, are owned by Diversey, Inc., unless otherwise agreed to in writing.
Unless otherwise indicated, the correct copyright notice for the Diversey web sites is:
© 2011 Diversey, Inc. All rights reserved.
Use Limited to Personal and Non-Commercial Purposes
Unless otherwise specified for additional purposes, the Diversey web sites are for your personal, informational and non-commercial use only. You may not copy, modify, distribute, transmit, display, publish, create derivative works based on, transfer, license, or sell any content, information, graphics, software, products or services you get from the Diversey web sites, unless otherwise agreed to in writing.
You are hereby authorized to view and print the materials on the Diversey web sites subject to the following conditions:
The materials may be used for personal, informational and non-commercial purposes only, and may not be sold or distributed for commercial gain without the prior written consent of Diversey.
Any printed copy of these materials, or any portion of these materials, must include the copyright notice shown above.
Diversey may revoke or modify your right to use, view or visit the Diversey web sites at any time.
Trademark and Service Mark Rights
All brand names, logos, trademarks and service marks (“Diversey marks”) are owned by or licensed to Diversey. You may not use any Diversey marks for any commercial purpose without the express written permission of Diversey.
Any mark owned by a third party is followed by an asterisk with a reference to the third party owner of the mark. The use of any mark owned by a third party on the Diversey web sites does not mean that the third party endorses, sponsors or is affiliated with Diversey or its products or services.
Diversey appreciates its customers and distributors and knows that they may have comments or questions about its products and services. Diversey receives your comments and answers your questions via its Diversey web sites and its customer service telephone numbers.
Occasionally Diversey’s customers and distributors have ideas, materials or suggestions about Diversey’s products or services. Diversey is not seeking, nor does it accept, unsolicited ideas, materials or suggestions relating to new products or services or to the marketing, design, characteristics, distribution or manufacturing of its products or services. Any unsolicited ideas, materials or suggestions submitted to Diversey will be considered non-confidential and non-proprietary. Diversey will have no obligations with respect to such submissions. Diversey can copy, disclose, distribute, and otherwise use any such submissions for any or all commercial or noncommercial purposes.
Disclosure and Use of Materials Submitted Online to Diversey
Disclaimer of Warranties
THE INFORMATION CONTAINED IN THE Diversey WEB SITES IS PROVIDED TO YOU “AS IS,” FOR PURPOSES OF INFORMATION, EDUCATION, COMMERCE AND COMMUNICATION ONLY WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMISSIBLE BY LAW, Diversey MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THE Diversey WEB SITES. Diversey DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Diversey MAKES NO REPRESENTATION THAT THE Diversey WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF COMPUTER VIRUSES.
Limitation of Liability
IN NO EVENT SHALL Diversey BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR ANY OTHER DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF, OR INABILITY TO USE, THE Diversey WEB SITES. Diversey HAS NO DUTY TO UPDATE THE Diversey WEB SITES OR THEIR CONTENT AND Diversey SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE THE Diversey WEB SITES. Diversey IS NOT LIABLE FOR YOUR USE OF OTHER WEB SITES WHICH YOU MAY ACCESS THROUGH CERTAIN LINKS TO WEB SITES OWNED AND MAINTAINED BY THIRD PARTIES. THESE LINKS ARE PROVIDED AS A SERVICE TO USERS OF THE Diversey WEB SITES AND Diversey DOES NOT ENDORSE OR WARRANT THOSE THIRD PARTY OWNERS OR THEIR WEB SITES.
You agree to indemnify, defend and hold Diversey harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting directly or indirectly from any violation of Diversey’s terms and conditions or any activity related to your internet account, including negligent or wrongful conduct, by you or any persons accessing the Diversey web sites using your internet account.
The Diversey products and services referenced in the Diversey web sites are available in the U.S. or other countries as identified in the web sites and may not be available for sale or use in some countries. The web sites are controlled and operated by Diversey from the U.S. Diversey makes no representation that the information and materials about Diversey products and services on the Diversey web sites are appropriate or available for use outside the U.S.
Your use of the Diversey web sites shall be governed in all respects by the laws of the United States and the state of Wisconsin. You agree that jurisdiction over and venue in any legal action arising directly or indirectly from your use of the Diversey web sites shall be in the state courts located in Racine County or the federal courts located in Milwaukee, Wisconsin.
Diversey’s Right to Change, Monitor or Discontinue Diversey Web Sites
Diversey reserves the right to change these Terms and Conditions, change the content and/or functionality of the Diversey web sites, monitor and remove postings, or discontinue the availability of some or all of the Diversey web sites at any time without notice.
It is possible that a Diversey product or service will be listed at an incorrect price on the Diversey web site due to a typographical error. Diversey has the right to cancel any orders placed for the product or service listed at an incorrect price. If your account or credit card has been charged for the order at the incorrect price and Diversey cancels the order, Diversey will issue a credit to your account or credit card in the amount of the order at the incorrect price.
If any term, condition or provision of these Terms and Conditions is determined to be unlawful, invalid, unenforceable for any reason, or void, the validity and enforceability of the remaining terms, conditions and provisions shall not be effected, limited or impaired in any way. These Terms and Conditions constitute the entire agreement between you and Diversey relating to your use of the Diversey web sites unless otherwise specified in a separate written agreement with Diversey. Certain sections of the Diversey web sites may be governed by additional terms and conditions. Notice, and the full text of, any additional terms and conditions will be provided before you are allowed to use, visit or view those sections of the Diversey web sites governed by the additional terms and conditions.
By using, visiting and viewing the Diversey web sites, you are agreeing to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use, visit or view the Diversey web sites.
Last updated: 1 March, 2010
© 2011 Diversey, Inc. All rights reserved.