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TERMS & CONDITIONS


This Web Site (the "Site") is provided by Pro Material Solutions. By using the Site or downloading materials from the Site, you agree to abide by the terms and conditions set forth in this notice (the "Agreement"). If you do not agree to abide by these terms and conditions you are not permitted to use the Site or download materials from the Site.

LIMITED PERMISSION: Subject to the terms and conditions set forth in this Agreement, Pro Material Solutions grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display this Site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Pro Material Solutions authorizes you to view and download the information ("Materials") at this Site only for your personal, non-commercial use or use in conducting business directly with Pro Material Solutions or one of its affiliated companies. Pro Material Solutions retains all rights, interest and title in the Materials and copies of the Materials, and any use thereof is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except for the limited use described above (which may be revoked at any time without notice), Pro Material Solutions does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

The entire contents of the Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are propriety to Pro Material Solutions or its affiliates or licensors and are protected by the United States and international laws regarding copyrights, trademarks, trade secrets and other propriety rights. You are authorized only to use the contents on the Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Pro Material Solutions. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Material on this Site without prior written consent of Calvert Freeman, except to: (a) store copies of such Material temporarily on RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Site, provided in each case that you do not alter or remove any copyright or other propriety rights to any information included in such Materials. Except as expressly authorized by Pro Material Solutions in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Site, (b) access to this Site or (c) use of this Site or of any other services or Materials available through this Site.

ONLINE PURCHASES: All purchases from the Site are governed by the applicable Terms of Sale provided by Pro Material Solutions. Such terms supersede and replace any terms on any purchase orders you submit. The Terms of Sale are hereby incorporated into these Terms of Use. The content on the Site is not necessarily up-to-date and should not be used to replace any written pricelists, reports, statements or notices provided by Pro Material Solutions.

STATEMENT ON COLORS: Actual product colors may vary from colors shown on your monitor. Colors can be verified by ordering a sample from our site. If you have any questions, please contact Pro Material Solutions.

UPLOADED IMAGES: For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Pro Material Solutions ("IP License"). This IP License does not end when you delete your IP content or your account.

DISCLAIMER: THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PRO MATERIRAL SOLUTIONS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM OR INFORMATION SHALL BE AT YOUR SOLE RISK. Pro Material Solutions RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. Pro Material Solutions MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND ANY SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, PRODUCT AVAILABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. PRO MATERIRAL SOLUTIONS DOES NOT GUARANTY THAT THE SAMPLES REQUESTED THROUGH Pro Material Solutions WILL BE SENT BY THE MANUFACTURER. Pro Material Solutions DOES NOT GUARANTY THAT THE DOWNLOADED SPECIFICATION DOCUMENTS ARE ACCURATE. Pro Material Solutions DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE 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. YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENTS. Pro Material Solutions MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSION IN SUCH CONTENT.

You acknowledge that Pro Material Solutions has no control over and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Pro Material Solutions from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Pro Material Solutions makes no representations concerning any content contained in or accessed through the Site or Services, and Pro Material Solutions will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.

You understand that Pro Material Solutions cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirement for accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. Pro Material Solutions does not assume any responsibility or risk for you use of the Internet.

ABILITY TO TERMINATE: Pro Material Solutions may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Pro Material Solutions may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. Pro Material Solutions may terminate the authorization, rights and license given above and, upon such termination; you shall immediately destroy all Materials.

DESCRIPTION OF SERVICE: Subject to full compliance with the Terms of Use, Pro Material Solutions may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Pro Material Solutions performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content"). Pro Material Solutions may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Pro Material Solutions may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

YOUR REGISTRATION OBLIGATIONS: As a condition to using Services, you are required to register with Pro Material Solutions and choose a password and screen name ("Pro Material Solutions User ID"). You shall provide Pro Material Solutions with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your Pro Material Solutions account. You may not (i) select or use as a Pro Material Solutions User ID a name of another person with the intent to impersonate that person; (ii) use as a Pro Material Solutions User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Pro Material Solutions User ID a name that is otherwise offensive, vulgar or obscene. Pro Material Solutions reserves the right to refuse registration of, or cancel a Pro Material Solutions User ID in its discretion. You shall be responsible for maintaining the confidentiality of your Pro Material Solutions password.

Services are available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.

USER CONDUCT: As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Pro Material Solutions.

By way of example, and not as a limitation, you agree not to use the Services:
  1. to abuse, harass, threaten, impersonate or intimidate other Pro Material Solutions users;
  2. to post or transmit, or cause to be posted or transmitted, any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party;
  3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
  4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Pro Material Solutions user;
  5. to create or submit unwanted email ("Spam") to any other Pro Material Solutions users or any URL;
  6. to intercept or attempt to intercept electronic mail not intended for you;
  7. to violate any laws in your jurisdiction (including but not limited to copyright laws);
  8. to collect information about others without their consent;
  9. to hyperlink to third party websites that contain content that would violate one of the prohibitions in this Terms of Use;
  10. to engage in any conduct that restricts or inhibits anyone else’s use of enjoyment of the Site, or which, as determined by Pro Material Solutions, may harm Pro Material Solutions or uses of the Site or expose them to liability;
  11. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
  12. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
  13. with the intention of artificially inflating or altering the 'Pro Material Solutions count', comments, or any other Pro Material Solutions service, including by way of creating separate user accounts for the purpose of artificially altering Pro Material Solutions's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of Pro Material Solutions's services;
  14. to advertise to, or solicit, any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  15. attempt to impersonate another user or person;
  16. sell or otherwise transfer your profile.
  17. IN ADDITION, YOU HEREBY AGREE THAT YOU SHALL NOT USE THE SERVICE (INCLUDING, WITHOUT LIMITATION, BY "PRO MATERIAL SOLUTIONS INC" ANY CONTENT) ON BEHALF OF (OR PER THE REQUEST OR INSTRUCTION OF) ANY THIRD PARTY. FURTHERMORE, YOU SHALL NOT REQUEST THAT ANY THIRD PARTY, OR PAY OR OTHERWISE ATTEMPT TO INFLUENCE ANY THIRD PARTY TO, MANIPULATE OR OTHERWISE AFFECT THE SITE IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, BY PAYING ANY OTHER USER TO "Pro Material Solutions" ANY CONTENT).


Pro Material Solutions may, but does not have any legal responsibility to, remove any Content and Pro Material Solutions accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Terms of Use abuse, please email: customerservice@promaterialsolutions.com

You are solely responsible for your interactions with other users of the Site. Pro Material Solutions reserves the right, but has no obligation, to monitor disputes between you and other users.

THIRD-PARTY SITES: As a convenience to you, the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pro Material Solutions has no control over such sites and resources, you acknowledge and agree that Pro Material Solutions is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pro Material Solutions shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

INFORMATION PROVIDED BY YOU: Pro Material Solutions does not want you to, and you warrant that you will not, provide any proprietary ideas, concepts, or know-how through the Site. You agree that Pro Material Solutions is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Pro Material Solutions, and you grant to Pro Material Solutions an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such ideas, concepts or know-how. You further recognize that Pro Material Solutions does not want you to, and you warrant that you shall not, provide any information or materials to Pro Material Solutions that are defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporate the proprietary material of another.

LIMITATION OF DAMAGES: IN NO EVENT SHALL PRO MATERIAL SOLUTIONS OR ANY OF ITS AFFILIATES BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF Pro Material Solutions IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PRO MATERIAL SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Pro Material Solutions FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH THE LIABILITY AROSE.

INDEMNITY: You will indemnify and hold harmless Pro Material Solutions, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including any losses, damages, judgments, awards, expenses, reasonable attorneys fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Pro Material Solutions User ID, of any intellectual property or other right of any person or entity. You will also indemnify and hold the indemnified parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this Site.

DEALINGS WITH OTHER MERCHANTS: If you chose to correspond, participate in a promotion or engage in transactions with another merchant found on or through this Site, you acknowledge and agree that Pro Material Solutions is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Pro Material Solutions will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or presence of such merchants of this Site.

SECURITY: Pro Material Solutions reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Pro Material Solutions to disclose the identity or anyone posting any e-mail messages or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS Pro Material Solutions FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY Pro Material Solutions DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER Pro Material Solutions OR LAW ENFORCEMENT AUTHORITIES.

INTERNATIONAL USERS AND CHOICE OF LAW: This Site is controlled, operated and administered by Pro Material Solutions from its offices within the United States of America. Pro Material Solutions makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

PRO MATERIAL SOLUTIONS PRIVACY POLICY: Pro Material Solutions's current privacy policy is available at Pro Material Solutions.com/privacy (the "Privacy Policy"), which is incorporated by this reference.

TRADEMARKS: PRO MATERIAL SOLUTIONS, PRO MATERIAL SOLUTIONS IT, PRO MATERIAL SOLUTIONS THIS, and other Pro Material Solutions graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Pro Material Solutions in the U.S. and/or other countries. Pro Material Solutions's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. The images and icons available in the Pro Material Solutions icon pack may used by partner and third party sites in connection with providing appropriate "Pro Material Solutions This" and "Submit to Pro Material Solutions" links to the Pro Material Solutions site.

COPYRIGHT INFRINGEMENT: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pro Material Solutions’s copyright agent with written notice detailing the possible infringement.

The Copyright Agent for notice of claims of copyright infringement on the Site can be reached at customerservice@promaterialsolutions.com

MISCELLANEOUS: This Agreement constitutes the entire agreement between Pro Material Solutions and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Any cause of action you may have with respect to your use of the Site must be commenced within one year after the claim or cause of action arises.

Pro Material Solutions' failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of this provision. Neither a course of dealing or conduct between you and Pro Material Solutions nor any trade practices shall be deemed to modify these Terms of Use.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Pro Material Solutions as a result of this agreement or use of the Site.

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of this Site shall be in the state or federal courts located in Chicago, Illinois. You agree to submit to the jurisdiction of such courts.

The owner of the Site is based in the State of Illinois, USA. Pro Material Solutions makes no representations that materials on the Site are appropriate or available for use in other locations. If you access the Site from other locations, you are responsible for complying with local laws.

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Pro Material Solutions with respect to the Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on the Site will govern the items to which they pertain.

Pro Material Solutions may update these Terms of Use at any time by updating this posting. These Terms were last updated on April 14, 2011.
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