Isola Group, S.a.r.l. Terms of Service
THE TERMS AND CONDITIONS SET FORTH BELOW (THE “TERMS”) GOVERN YOUR USE OF THE ISOLA GROUP, S.a.r.l.’s (“ISOLA,” “WE,” “US” AND “OUR”) WEBSITE LOCATED AT: WWW.ISOLA-GROUP.COM (THE “SITE”), THE “MYISOLA” AND ANY OTHER SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, THE “SERVICES”) AND THE “ISOSTACK,” “ISODESIGN STUDIO” AND ANY OTHER SOFTWARE THAT IS AVAILABLE FOR USE ON OR THROUGH THE SITE (COLLECTIVELY, THE “SOFTWARE”). BY USING THE SITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND THAT YOU HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE USING THE SITE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND/OR DO NOT HAVE THE AUTHORITY TO BIND THE ENTITY ON WHOSE BEHALF YOU ARE USING THE SITE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR THE SERVICES OR THE SOFTWARE OR ANY CONTENT, INFORMATION OR MATERIALS CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
Modifications
Isola may make changes to the content, information and/or materials on the Site and to the Services or the Software at any time. Isola also reserves the right to change these Terms at any time by posting updated Terms on the Site and my posting notice of the change on the Site. If any modification is unacceptable to you, you shall cease using the Site. If you do not cease using the Site, your will be conclusively deemed to have accepted the change(s).
Passwords
You will need a password to login to the Site and to use the Services and the Software. You are responsible for maintaining the confidentiality of your password and account, and agree to notify Isola if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for all activities that occur under your account. You agree to immediately notify Isola of any unauthorized use of your account or any other breach of security in relation to the Site known to you, and Isola may terminate any account that Isola considers to have been compromised or used in an unauthorized manner.
Isola Materials and Third Party Content and License
Isola provides you with certain information, materials, text, images, graphics, sound files, animation files and video files on the Site or available through the Site, Services and Software, including, without limitation, content, data sheets or any other technical materials of Isola, trademarks, logos, graphics and images (together, the “Isola Materials”). The Isola Materials are the copyrighted work of Isola. Isola also provides on the Site certain information, text, graphics and images posted by third parties (“Third Party Content”). The Third Party Content, is in each case, the copyrighted work of the creator/licensor.
You have a limited, personal, non-exclusive and non-transferable license to use and display the Isola Materials and Third Party Content and use the Site, Services and Software (in object code form) only for your internal business use. You have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Isola Materials or Third Party Content in any manner, unless you have permission of the owner of the Isola Materials or Third Party Content, as applicable. This limited license terminates automatically if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Isola Materials or Third Party Content. Except as stated herein, you acknowledge that you have no rights in or to the Site or any Isola Materials on any legal basis.
Conduct
You agree: (1) to abide by all applicable laws, rules and regulations related to your use of the Site, Services, Software, Isola Materials and Third Party Content, including, without limitation, all laws regarding the transmission of technical data exported from the United States and intellectual property laws; (2) not to upload or submit in any way any data or any other content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site, Services or Software or Isola’s systems or other platforms; (3) not to use the Site, Services, Software, Isola Materials and Third Party Content for any illegal, fraudulent, unethical or inappropriate purposes; (4) not to interfere or disrupt networks connected to the Site, Services or Software and/or interfere with another customer’s ability to access or use and enjoy the Site, Services or Software; and (5) to comply with all regulations, terms of use, policies and procedures of networks connected to the Site, Services and Software and Isola’s service providers.
You acknowledge that you are responsible any data, information or any other content that you submit through or in connection with the Site, Services and Software, and that you, and not Isola, will have full responsibility for any data, information or any other content that you submit through or in connection with the Site, Services and Software, including, without limitation, their legality, reliability, form, content and accuracy. You shall be solely liable for any harm, loss or damage resulting from any data, information or other content that you submit through or in connection with the Site, Services and Software.
Trademarks and Copyright Notice
Isola is a trademark of Isola Group, S.a.r l. in the United States and in certain other countries. All other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise noted, all information and screens appearing on this Site including documents, services, site design, text, graphics, logos, images and icons, as well as the selection and arrangement thereof, are the sole property of Isola, Copyright © 2012 Isola Group, S.a.r.l. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner.
Links
The Site contains links to other Web sites or resources over which Isola does not have control (“External Web Sites”). Isola provides links to these External Web Sites to you only as a convenience, and Isola is not responsible for the content, information, resources or links displayed on such External Web Sites. The External Web Sites may have different privacy policies and terms and conditions and business practices than Isola. Your use of any External Web Siteis subject to the terms of use and privacy policies located on the linked to External Web Sites, and your dealings and communications through the Site with any party other than Isola are solely between you and such third party. Any reference on the Site to any product, process, publication or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer or otherwise does not constitute or imply Isola’s endorsement or recommendation.
Privacy Policy
Your use of the Site is governed by the Isola Privacy Policy, which is available here.
Fees
You acknowledge that Isola reserves the right to charge for use of Software and/or other Services provided on or through the Site. Isola also reserves the right to change its fees and/or fee structures from time to time in its discretion. You agree to pay all fees charged to your account based on Isola’s fees, charges, and billing terms in effect as set forth in the applicable terms and conditions for such Services. You are responsible for paying any taxes that may apply.
Electronic Communications
By using the Site, Services and/or Software, you consent to receiving electronic communications from Isola. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site, Services and/or Software. These electronic communications are part of your relationship with Isola. You agree that any notices, agreements, disclosures or other communications that Isola sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Unauthorized Uses and Indemnification
Unauthorized use of any the Services, Software, Isola Materials and/or Third Party Content contained on the Site may violate certain laws and regulations. You will indemnify and hold Isola, its subsidiaries, affiliates, officers, agents, employees and licensors, harmless from any and all costs, damages, losses, liabilities, claims, or demands and expenses (including attorneys’ fees) arising out of, resulting from or connected with your use of the Services, Software, Isola Materials and/or Third Party Content or the use of the Site, Services, Software, Isola Materials and/or Third Party Content by any person using your user name and password that violates any applicable law or regulation or the rights of any third party.
Disclaimers of Warranties
Your use of the Site, Services, Software, Isola Materials and Third Party Content is at your own risk. Neither the Isola Materials nor the Third Party Content have been verified by Isola, and they may include inaccuracies or typographical errors. Isola does not warrant the accuracy, timeliness, availability or adequacy of any information, facts, views, opinions, statements or recommendations contained in, on or offered through the Site, Services, Software, Isola Materials or Third Party Content. Isola has no liability for any errors or omissions in the Site, Services, Software, Isola Materials or Third-Party Content, whether provided by Isola or our licensors.
Isola, for itself and its licensors and affiliates, makes no express, implied, statutory or any other representations, warranties or guarantees in connection with the site, services, software, Isola materials or third party content. Isola makes no representations, warranties or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content, information or materials contained on or in the Site, Software and/or Services, including, without limitation, the Isola materials and Third-Party Content. To the maximum extent permitted by applicable law, the Site, Software, Services, Isola Materials and Third-Party Content contained on the site are provided to you on an “as is” basis with no implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights.
Waiver of Consequential Damages
In no event shall Isola be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, whether in contract, tort (including negligence), strict product liability or otherwise, even if Isola has been advised of a possibility of such damage.
Limitation on Damages
In no event shall Isola’s total, aggregate liability arising out of or related to this agreement exceed one hundred dollars (USD $100).
Termination
You agree that Isola, in our absolute discretion, may terminate your password, account (or any part thereof), and ability to access and use the Services and/or Software at any time for any reason. Isola may also in its absolute discretion and at any time modify or stop providing the Site, Services and/or Software, or any part of it, with or without notice.
Local Laws/Export Control
Isola controls and operates the Site from its headquarters in the United States and the Isola Materials and Third Party Content may not be appropriate or available for use in other locations. If you use the Site outside the United States, you are responsible for following applicable local laws, rules and regulations.
General
These Terms are governed by the laws of the State of Arizona and U.S. federal law, without regard to the choice or conflicts of law provisions. Any disputes relating to these Terms or the Site will be heard in the courts located in the State of Arizona. If any of these Terms is found to be inconsistent with applicable to law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Isola’s failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and Isola and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Isola about the subject matter of the Terms. The proprietary rights, electronic communications, disclaimer of warranties, indemnities, waiver of consequential damages, local laws/export control and general provisions shall survive any termination of these Terms.
Please direct any questions regarding these Terms to: info@isola-group.com.
