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Seaguar Web Site - Terms of Use

Last Updated September 1, 2022

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY, AS THEY CONSTITUTE A WRITTEN AGREEMENT BETWEEN YOU AND KUREHA AMERICA, INC. AND THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE. IN SOME INSTANCES, ADDITIONAL TERMS AND CONDITIONS MAY APPLY. EACH TIME YOU ACCESS AND/OR USE THE SITE (OTHER THAN TO SIMPLY READ THESE TERMS), YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND ANY ADDITIONAL TERMS THEN POSTED. 

These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Kureha America, Inc., its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Kureha America, Inc. for violations of these Site Terms.

Privacy Policy

Kureha America, Inc. is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

This Site is owned by Kureha America, Inc.. Unless otherwise indicated, all of the content featured or displayed on this Site, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof ("Seaguar Content"), is owned by Kureha America, Inc., its licensors, or its third-party image partners.

All elements of the Site, including the Seaguar Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.

Use of the Site

This Site and the Seaguar Content are intended for customers of Seaguar. You may not use this Site or the Seaguar Content for any purpose not related to your business with Seaguar. You are specifically prohibited from: (a) downloading, copying, or re-transmitting any or all of the Site or the Seaguar Content without, or in violation of, a written license or agreement with Kureha America, Inc.; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the Seaguar Content by using framing or similar navigational technology; (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Seaguar product or service if you are not expressly authorized by such party to do so; (e) reverse engineering, decompiling, disassembling, reverse assembling, or modifying any Site source or object code or any software or other products, services, or processes accessible through any portion of the Site; (f) engaging in any activity that interferes with a user’s access to the Site or the proper operation of the Site, or otherwise causing harm to the Site, Kureha America, Inc., or other users of the Site; (g) interfering with or circumventing any security feature of the Site or any feature that restricts or enforces limitations on use of or access to the Site, the Seaguar Content, or the User Content (defined below); (h) harvesting or otherwise collecting or storing any information (including personally identifiable information about other users of the Site, including email addresses, without the express consent of such users); (i) attempting to gain unauthorized access to the Site or other computer systems or networks connected to the Site, through password mining or any other means; or (j) using the Site or the Seaguar Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

Kureha America, Inc. reserves the right to block or deny access to the Site to anyone at any time for any reason, and may immediately suspend or terminate the availability of the Site and Seaguar Content (and any elements and features of them), in whole or in part, for any reason, in Kureha America, Inc.’s sole discretion, and without advance notice or liability.

You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Infringement Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, Kureha America, Inc. has adopted a policy of terminating, in appropriate circumstances and at Kureha America, Inc's sole discretion, account holders who infringe the intellectual property rights of Kureha America, Inc. or any third party.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:

Copyright Agent

Kureha America, Inc. Legal Department
3151 Briarpark Drive - Suite 1025
Houston, TX 77042
Phone: 1 (281) 916-1633
Fax: 1 (281) 916-1634
E-mail: info@Kureha.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.

Trademarks

Seaguar Trademark, the Seaguar logo, and any other product or service name or slogan contained in the Site are trademarks of Kureha America, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Kureha America, Inc. or the applicable trademark holder. You may not use metatags or any other "hidden text" utilizing "Seaguar" or any other name, trademark or product or service name of Seaguar without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Seaguar and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

Links

You may not use a Seaguar logo or other proprietary graphic of Seaguar to link to this Site without the express written permission of Kureha America, Inc. Further, you may not frame any Seaguar trademark, logo or other proprietary information, including the Seaguar Content, without Kureha America, Inc's express written consent.

Kureha America, Inc. makes no claim or representation regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Kureha America, Inc. and Kureha America, Inc. is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Kureha America, Inc. provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Kureha America, Inc. of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that Kureha America, Inc. shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.

Forums & Other Interactive Services or Areas

The Site may include discussion forums or other interactive areas or services, including blogs, chat rooms, bulletin boards, message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, comments, reviews, materials or other items on the Site ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Site any of the following:

  1. Any message, comment, data, information, text, music, sound, photos, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, bullying, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. User Content that would constitute, encourage or provide instructions for a political agenda, a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual property or contract right of any party. By posting any User Content, you represent and warrant that you have the lawful right to transmit, distribute and reproduce such User Content;
  4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  5. Unsolicited promotions, political campaigning, advertising, junk mail, spam, chain letters, pyramid schemes or solicitations;
  6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
  8. User Content that, in the sole judgment of Kureha America, Inc., is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all capital letters, or flooding continuous posting of repetitive text), or which may expose Kureha America, Inc. or its users to any harm or liability of any type.

Further, you agree not to delete or revise any User Content posted by any third party. Kureha America, Inc. takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Kureha America, Inc. liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Kureha America, Inc. is not liable for any statements, representations or User Content provided by its users in any public forum, personal home page or other Interactive Area. Although Kureha America, Inc. has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Area, Kureha America, Inc. reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice or to monitor or become involved in disputes between you and other users.  You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. You acknowledge and agree that Kureha America, Inc. may access, use or disclose any information about you or your use of this Site, including without limitation any User Content to comply with the law or any legal process; protect and defend the rights or property of Kureha America, Inc.; or to protect the safety of our company, employees, customers or the public.

If you post User Content to the Site, unless we indicate otherwise, you grant Kureha America, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You grant Kureha America, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. Upon Kureha America, Inc.’s request, you will furnish us with any documentation necessary to substantiate the rights to such User Content and to verify your compliance with these Site Terms. You acknowledge that you will not be compensated in any way for our use of your User Content.

Non-Confidentiality of Your User Content 

Except as otherwise described in the Privacy Policy or any additional terms, posted, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned; and b) Kureha America, Inc. does not assume any obligation of any kind to you or any third party with respect to your User Content. You acknowledge that the internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk. In your communications with Kureha America, Inc., please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, software or otherwise (collectively, “Unsolicited Ideas and Materials”).  Any Unsolicited Ideas and Materials you post on or send to us via the Site are deemed User Content and licensed to us as set forth above.  In addition, Kureha America, Inc. retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Our receipt of your Unsolicited Ideas and Materials is not an admission by Kureha America, Inc. of their novelty, priority, or originality, and it does not impair Kureha America, Inc.’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

Registration Data and Account Security; Termination

In order to access or use some (or potentially all) of the features on the Site, you may be required to first register for a user account through our registration process that we make available through the Site.  The Site’s practices governing any resulting collection and use of your personal information are disclosed in our Privacy Policy. If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that:

  1. You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive.  We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion;
  2. You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete;
  3. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity;
  4. You are solely responsible for maintaining the confidentiality of your password and for restricting access to your device(s) so that others may not access any password protected portion of the Site using your name, username, or password;
  5. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and
  6. You will not sell, transfer, or assign your account or any account rights.  

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.  If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Site Terms, any additional terms or policies, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

Electronic Communications

When you use the Site and set up an account on the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site or through our other services, such as our m, and you can retain copies of these communications for your records. 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.

Financial Disclosures — Forward-Looking Statements

This Site, and any documents issued by Kureha America, Inc. and available through this Site, may contain statements which constitute forward-looking statements within the meaning of the U.S. Private Securities Litigation Reform Act of 1995. Those statements can be identified by the use of words such as "believe," "expect," "plan," "may," "will," "should," "anticipate" or similar statements or the negative of these words. Forward-looking statements include statements made as to future operations, costs, capital expenditures, cash flow, improvements in infrastructure, distribution and replenishment systems and operating efficiencies, sales and earnings estimates or trends and expansion plans and projections. These forward-looking statements are based on our current expectations. Known and unknown internal and external risks and uncertainties may cause the actual results to be materially different from those expressed in or implied by the forward-looking statements. The information contained in the most recent Kureha America, Inc. Annual Reports to stockholders, including information contained under the section captioned "Management's Discussion and Analysis," as well as other information included under the caption "Risk Factors" and/or in other Kureha America, Inc. filings with the Securities and Exchange Commission, identifies important factors that could cause actual results to differ from those contemplated by forward-looking statements. Kureha America, Inc. undertakes no obligation to update forward-looking statements to reflect events or circumstances that occur after the date the statements were made.

Press Releases

The information contained within press releases issued by Kureha America, Inc. should not be deemed accurate or current except as of the date the release was posted. Kureha America, Inc. has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Third-Party Financial Information

Kureha America, Inc. may provide links to third-party websites or services that contain financial or investment information about Kureha America, Inc.. Access to such websites and the information contained therein is provided as service to those interested in the information. Kureha America, Inc. neither regularly monitors nor has control over the content of third parties' statements or websites. Accordingly, Kureha America, Inc. does not endorse or adopt these websites or any information contained therein, including, without limitation, analyst's reports and stock quotes. Kureha America, Inc. makes no representations or warranties whatsoever regarding the accuracy or completeness of the content, information, or opinions of third-party websites or other third-party information that is identified on the Site. Users visit these websites and use the information contained therein at their own risk.

Indemnification

You agree to defend, indemnify and hold harmless Kureha America, Inc., its subsidiaries, affiliates, licensors, employees, agents, attorneys, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to: a) your User Content; (b) your use of the Site and your activities in connection with the Site; (c) your breach or alleged breach of these Site Terms or any additional terms or policies; (d) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Site or your activities in connection with the Site; (e) information or material transmitted through your device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (f) any misrepresentation made by you; and (g) Kureha America, Inc.’s use of the information that you submit to us (including your User Content) (all of the foregoing, “Claims and Losses”).  You will cooperate as fully required by Kureha America, Inc. in the defense of any Claims and Losses. Notwithstanding the foregoing, Kureha America, Inc. retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Kureha America, Inc. reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Kureha America, Inc. 

Disclaimer

THIS SITE AND THE SEAGUAR CONTENT ARE PROVIDED "AS IS" AND KUREHA AMERICA, INC. AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. KUREHA AMERICA, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SEAGUAR CONTENT, OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT KUREHA AMERICA, INC., ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE SEAGUAR CONTENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SECURITY OF THE SITE OR SECURITY OF YOUR USER CONTENT, OR THAT THE SITE OR THE SEAGUAR CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

Kureha America, Inc. uses reasonable efforts to ensure the accuracy, correctness and reliability of the Kureha America, Inc. Content, but we make no representations or warranties as to the Seaguar Content's accuracy, correctness or reliability.

Kureha America, Inc. offers a search feature within the Site. Kureha America, Inc. explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. Kureha America, Inc. also disclaims any responsibility for the completeness or accuracy of any directory or search result.

The information contained in any multimedia content (“Video Content”) posted on the Site represents the views and opinions of the original creator of such Video Content and does not necessarily represent the views or opinions of Kureha America, Inc. The Video Content has been made available for informational and educational purposes only. Kureha America, Inc. does not make any representation or warranties with respect to the accuracy, applicability, fitness, or completeness of the Video Content nor warrant any results with the use of any Seaguar product per the Video Content. Kureha America, Inc. hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content, which is provided as is, and without warranties.

Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.

Limitation of Liability

TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, IN NO EVENT SHALL KUREHA AMERICA, INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SEAGUAR CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, CONTENT CONTAINED WITHIN ANY THIRD-PARTY LINKS OR SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM KUREHA AMERICA, INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KUREHA AMERICA, INC.' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KUREHA AMERICA, INC., WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO KUREHA AMERICA, INC. FOR ACCESS TO OR USE OF THE SITE.

The foregoing limitations of liability will apply even if any of the foregoing events or circumstances were foreseeable and even if Kureha America, Inc. was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action based in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of god, telecommunications failure, or destruction of the Site). 

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you. 

Operation of Site; Availability of Products; International Issues. 

The Site is operated in the United States, and is primarily intended for users located in the U.S.  Kureha America, Inc. makes no representation that the Site is appropriate or available for use beyond the U.S. If you use the Site from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service, or other feature described or available on the Site to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service, or other feature that we provide.  You and we disclaim any application to these Terms of the Convention on Contracts for the International Sale of Goods. 

Applicable Law and Venue

Any dispute relating in any way to your use of the Site or the Seaguar Content shall be submitted to confidential arbitration except that, to the extent you have in any manner violated or threatened to violate Kureha America, Inc's intellectual property rights, Kureha America, Inc. may seek injunctive or other appropriate relief in any state or federal court in the State of Washington, and you consent to exclusive jurisdiction and venue in such courts. under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice to below; (b) filing for arbitration; or (c) filing an action in state, Federal or provincial court.

No Class Action Matters 

YOU AND KUREHA AMERICA, INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any dispute to be arbitrated on a class action basis or on any basis involving disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement herein to arbitrate will not apply and the dispute must be brought exclusively in court pursuant to the “Applicable Law and Venue” section. Notwithstanding any other provision herein, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this “No Class Action Matters” section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.

Connectivity

You are responsible for obtaining and maintaining all devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Site. You are responsible for all charges related to the foregoing products and services.

Miscellaneous Provisions

Any waiver of any provision of the Site Terms will be effective only if in writing and signed by Kureha America, Inc.. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved. Kureha America, Inc. may assign its rights and obligations under these Site Terms and any additional terms and policies, in whole or in part, to any party at any time without any notice.  These Site Terms and any additional terms and policies may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Kureha America, Inc..

Changes to Site Terms

Kureha America, Inc. reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.

Questions and Contact

Questions or comments about the Site, Site Terms or violation of the Site Terms, may be directed to Kureha America, Inc. at info@Kureha.com, or by phone (281) 916-1633, or by mail at Kureha America, Inc., 3151 Briarpark Drive - Suite 1025, Houston, TX 77042.

© 2009 – 2022 Kureha America, Inc. All Rights Reserved. Privacy Policy