Welcome to the FRX Polymers Online Services web site, currently located at www.frxpolymers.com, and other online services owned or controlled by FRX Polymers (collectively, the "FRX Polymers Online Services").
The FRX Polymers Online Services are not available to persons under the age of 18 or to any previous users previously suspended or removed from accessing the FRX Polymers Online Services by FRX Polymers. BY USING THE FRX POLYMERS ONLINE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM ANY OF THE FRX POLYMERS ONLINE SERVICES.
2. Incorporation by Reference.
3. Individual Features and Services.
When using the FRX Polymers Online Services, You may be subject to any additional posted policies, guidelines or rules applicable to specific services and features which may be posted from time to time (the "Policies"). All such Policies are hereby incorporated by reference into these Terms. In the case of any inconsistency between these Terms and any Policies, these Terms shall control.
4. Modification of these Terms.
From time to time, we may change these Terms. If we change these Terms, we will inform you by posting the revised Terms on the FRX Polymers Online Services. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use FRX Polymers Online Services, you agree to the revised Terms.
5. FRX Polymers Online Services License Grant.
5.1 License Grant.
Subject to your compliance with the terms and conditions set out in these Terms, FRX Polymers hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use the FRX Polymers Online Services for your own personal, noncommercial use.
5.2 Reservation of Rights.
FRX Polymers reserves all rights not expressly granted in these Terms.
5.3 Prevention of Unauthorized Use.
FRX Polymers reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use or access of the FRX Polymers Online Services, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
6. Prohibited Conduct.
BY USING THE FRX POLYMERS ONLINE SERVICES YOU AGREE NOT TO:
6.1 use the FRX Polymers Online Services for any purposes other than (i) to receive information regarding FRX Polymers (ii) to provide information to FRX Polymers when applicable to your use of the FRX Polymers Online Services (such as responding to a job opening);
6.2 delete indications or notices regarding the copyright or other proprietary rights on the FRX Polymers Online Services or any third party content;
6.3 use the FRX Polymers Online Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
6.4 use the FRX Polymers Online Services if you are under the age of eighteen (18) years old;
6.5 intentionally interfere with or damage operation of the FRX Polymers Online Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
6.6 take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on FRX Polymers’ infrastructure;
6.7 interfere or attempt to interfere with the proper workings of the FRX Polymers Online Services; or,
6.8 bypass robot exclusion headers or other measures FRX Polymers may use to prevent unauthorized access to the FRX Polymers Online Services.
7. Submitted Information; Feedback
You agree that any information you provide to FRX Polymers at any time will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You hereby grant FRX Polymers and its affiliates a perpetual, non-exclusive, fully paid, royalty free, license and right to use any information you provide to FRX Polymers for any purpose, in any manner, and in any medium. You further agree that FRX Polymers and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports, or other feedback ("Feedback"), whether oral or written, that you may provide to FRX Polymers or its affiliates. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that FRX Polymers has no duties to you, with respect to such Feedback.
8. Third-Party Sites, Products and Services; Links.
The FRX Polymers Online Services may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). FRX Polymers does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
9.1 FRX Polymers.
You agree that FRX Polymers, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the FRX Polymers Online Services. FRX Polymers may also in its sole discretion and at any time discontinue providing access to the FRX Polymers Online Services, or any part thereof, with or without notice. You agree that any termination of your access to the FRX Polymers Online Services may be effected without prior notice, and You agree that FRX Polymers will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies FRX Polymers may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the FRX Polymers Online Services, (ii) any term of these Terms, (iii) any policy or practice of FRX Polymers in operating the FRX Polymers Online Services, or (iv) any content or information transmitted through the FRX Polymers Online Services, is to terminate these Terms and Your use of the FRX Polymers Online Services. You may terminate these Terms at any time by discontinuing use of any and all parts of the FRX Polymers Online Services.
10. Ownership; Proprietary Rights.
The FRX Polymers Online Services is owned and operated by FRX Polymers. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the FRX Polymers Online Services provided by FRX Polymers are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the FRX Polymers Online Services are the property of FRX Polymers or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to FRX Polymers or its affiliates and/or third-party licensors. Except as expressly authorized by FRX Polymers, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. FRX Polymers reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold FRX Polymers, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your (or anyone using Your account's) use or misuse of the FRX Polymers Online Services, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. FRX Polymers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FRX Polymers, and you agree to cooperate with FRX Polymers’ defense of these claims. FRX Polymers will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
12. Disclaimers: No Warranties.
12.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRX POLYMERS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRX POLYMERS OR THROUGH THE FRX POLYMERS ONLINE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 12, THE TERM FRX POLYMERS INCLUDES FRX POLYMERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
12.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE FRX POLYMERS ONLINE SERVICES IS AT YOUR SOLE RISK. THE FRX POLYMERS ONLINE SERVICES AND ANY DATA, INFORMATION, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE FRX POLYMERS ONLINE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
FRX POLYMERS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE FRX POLYMERS ONLINE SERVICES OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
FRX POLYMERS, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE FRX POLYMERS ONLINE SERVICES OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE FRX POLYMERS ONLINE SERVICES OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH MATERIAL OR DATA.
13. Limitation of Liability and Damages.
13.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FRX POLYMERS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS ON THE FRX POLYMERS ONLINE SERVICES OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH FRX POLYMERS, EVEN IF FRX POLYMERS OR AN FRX POLYMERS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2 Limitation of Damages.
IN NO EVENT WILL FRX POLYMERS OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE FRX POLYMERS ONLINE SERVICES OR YOUR INTERACTION WITH OTHER FRX POLYMERS ONLINE SERVICES USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS.
13.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN FRX POLYMERS AND RECEIVED THROUGH ANY REFERENCE SITES.
13.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT FRX POLYMERS HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FRX POLYMERS AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FRX POLYMERS. FRX POLYMERS WOULD NOT BE ABLE TO PROVIDE THE FRX POLYMERS ONLINE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
13.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
14. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). The transfer of certain technical data and commodities may require a license from an agency of the United States government and/or written assurances by you that you will not export such software, technical data or commodities to certain foreign countries without prior approval of such agency. Your rights under these Terms are contingent on your compliance with this provision.
FRX Polymers may provide you with notices, including those regarding changes to FRX Polymers’ terms and conditions, by postings on the FRX Polymers Online Services. You hereby consent to notice in this manner.
The failure of FRX Polymers to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FRX Polymers.
15.3 Governing Law: Jurisdiction.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflict of laws. The parties agree that the federal and state courts residing in San Francisco, California will have exclusive jurisdiction over these Terms.
15.4 No Third Party Beneficiary.
The parties specifically disavow any desire or intention to create a “third party” beneficiary contract, and specifically declare that no person, except for the parties and their permitted assigns, shall have any rights hereunder nor any right of enforcement hereof.
If any provision of these Terms or any Policies is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Policies, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by FRX Polymers without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9 Entire Agreement.
This is the entire agreement between you and FRX Polymers relating to the subject matter herein and will not be modified except by a change to these Terms made by FRX Polymers as set forth in Section 4 above.
15.10 No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The services are offered by FRX Polymers located at 200 Turnpike Rd. Chelmsford, MA 01824