Terms and conditions for use for websites owned, operated or controlled by Holden's Latex Corp. (“Holden's”) or any of its Affiliates. By accessing, browsing and/or using the pages in any website owned, operated or controlled by Holden's or any of its Affiliates, including this Site (“Holden's Sites”), you agree to the terms and conditions set forth herein. If you do not agree, you should not use Holden's Sites. If you are currently a party to a separate, written agreement with Holden's or any of its Affiliates that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that agreement will apply to matters that are within the scope of such agreement.
ELECTRONIC COMMUNICATIONS
When you visit Holden's Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Holden's Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on Holden's Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Holden's, its Affiliates, or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on Holden's Sites is the exclusive property of Holden's (or the Affiliate identified in any copyright notice on the site) and is protected by United States and international copyright laws.
USE
Viewing a Holden's Site creates a copy of Holden's materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the Holden's Site. The materials published on Holden's Sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Holden's or its appropriate Affiliate.
TRADEMARKS
The trademarks, service marks and logos (the “Trademarks”) used and displayed on Holden's Sites are registered and unregistered Trademarks of Holden's, its Affiliates and others. Nothing on any Holden's Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site without the prior written consent of the Trademark owner. “Holden's” is a registered trademark owned by Holden's Latex Corp. and/or its Affiliates (“Holden's Trademarks”). Thus, the trademark “Holden's” may not be used in connection with any product or service that is not manufactured by or under license from Holden's or its appropriate Affiliate.
LINKS
Holden's Sites may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of Holden's and its Affiliates. Holden's provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. Holden's reserves the right to remove these links at any time and without notice.
Other parties may provide links to Holden's Sites. Holden's does not require third parties to obtain Holden's's consent prior to linking to Holden's Sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on Holden's Sites or disparage or are otherwise detrimental to Holden's. Holden's assumes no responsibility for the content of sites that include links to Holden's Sites, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on Holden's Sites without the express written permission of Holden's.
PRODUCTS AND PRICING
All products sold through Holden's Sites are subject to the then existing Terms and Conditions of Sale of the division or Affiliate responsible for sales of such products. Links to these Terms and Conditions can be found on the Home Pages of the relevant Holden's Sites. Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by Holden's.
DISCLAIMER
THE MATERIAL IN Holden's SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Holden's MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "e;AS IS"e; AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. Holden's DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Holden's DOES NOT WARRANT THE AVAILABILITY OF Holden's SITES, THAT Holden's SITES AND YOUR USE OF Holden's SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT Holden's SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. Holden's DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF Holden's SITES AND/OR THE MATERIALS IN Holden's SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE. YOU (AND NOT Holden's) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
APPLICABLE LAW
By visiting a Holden's Site, you agree that the laws of the State of New York, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and Holden's.
DISPUTES
Any dispute between you and Holden's concerning a Holden's Site or the materials located at a Holden's Site shall be brought in a Federal or State court sitting in the City and County of New York, State of New York.
MODIFICATION TO TERMS AND CONDITIONS
Holden's can revise the Terms and Conditions at any time by modifying or updating this posting. Your use of a Holden's Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.
SEVERABILITY
If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.