1.1 This Website is operated by Essentra Plastics LLC ("We", "Us" and "Our", as appropriate in the context) on behalf of Essentra Plc (a public company registered in England (UK) under company number 05444653). Essentra Plastics LLC is registered in the US under company number 2061707 and our registered office is at 3123 Station Road, Erie PA 16510.
1.2 Your use of this Website is subject to the following terms and conditions, and when you click "I ACCEPT" or otherwise use the Website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, THESE "TERMS OF USE"). Please read these Terms of Use carefully and ensure that you understand them before you start to use the Website. If you are not eligible, or do not agree to these Terms of Use, then please do not use the Website.
2.1 The copyright, trademarks, trade names and all other rights in the material on this Website (including our product catalog) are owned by Us or are included with the permission of the owner of those rights. We reserve all such rights owned by Us.
2.2 If you acquire any rights in or to the Website, you hereby assign those rights, on a worldwide basis, to Us and unconditionally and irrevocably waive all moral rights you may have acquired in the Website.
2.3 You may download, save and print extracts from the Website for your personal reference only. You must not republish, retransmit, redistribute, modify, publish, reverse engineer or create derivative works from all or any part of the materials on the Website, or use the Website for commercial purposes without Our prior written consent.
2.4 You are not permitted to use the information or other material on this Website (including CAD files) other than for its intended purpose of providing background and general information about Us and Our products.
3.1 You may use the Website for lawful purposes only. You must not use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent.
3.2 You must not misuse the Website by knowingly introducing viruses, or other damaging content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored or any server computer or database connected to Our Website.
3.3 You may not include a link to Our Website or display the contents of Our Website framed or otherwise surrounded by material not originating from Us without Our express prior written consent.
4.1 All material on this Website is provided for information purposes only and you are advised to verify the accuracy of any information before relying on it. We do not, do not intend to, and specifically disclaim any duty to, update or correct any of the information on this Website and you should not deem such information correct or current except as of the date of issue.
4.2 Without prejudice to the quality of the foregoing, any CAD files or other product specific imagery and information (including technical drawings, product measurements and specifications) which you are able to access via the Website is provided by us purely for indicative, guidance-only purposes. We strongly advise against your use of any such materials as part of any design process which you might undertake. We remind you that we typically make product samples available should you require an accurate understanding of the nature and dimensions of a particular product.
4.3 If you have accessed the Website via a link on another website, please note that we are not in any way responsible for any content on that website which relates to our products (e.g. CAD files). With respect to any such content please note the advice and reminder set out in the preceding paragraph.
4.4 On this Website you may be offered automatic links to other websites. We do not endorse or accept any responsibility for any content on any website linked from this Website and you should read the terms and conditions of any site you link to before proceeding with use of that site.
4.5 WE MAY ALTER, SUSPEND OR DISCONTINUE THE WEBSITE WITHOUT NOTICE. ERRORS, INTERRUPTIONS AND DELAYS MAY OCCUR IN THE SERVICE AT ANY TIME. WE DO NOT ACCEPT ANY LIABILITY ARISING FROM ANY INACCURACY OR OMISSION IN THE INFORMATION, INTERRUPTION IN AVAILABILITY, OR DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM THIS WEBSITE. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS, LOSS OF PROFITS OR REVENUE, OR ANY SPECIAL DAMAGES OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE.
4.6 We cannot guarantee that the Website is free of computer viruses, worms, trojan horses or other damaging content or that your use of the Website will not cause damage to your computer. You should ensure that you have suitable equipment and security and virus protection in place before using the Website.
4.7 Access to this Website and the information thereon do not constitute an offer or an invitation to underwrite, subscribe for, or otherwise acquire or dispose of any shares or other securities in Us or of Our any group companies. Past performance is no guide to future performance and persons considering these matters should consult an independent financial advisor or other appropriate sources of advice.
5.1 If you purchase goods from our Website, our Website Conditions of Sale ("Terms of Sale") will apply to the sale.
5.2 If you purchase goods or services from any of the sites that you have reached by following a link from this Website, you should read all terms and conditions that appear on that site before making your purchase.
5.3 There may be restrictions or prohibitions applicable in certain jurisdictions on the purchase, resale or distribution of Our goods or services. It is not practicable to check the laws of all the jurisdictions in which Our customers are based and We accept no responsibility for any losses or liabilities suffered by Our customers (or their customers) in respect of their purchase, receipt or use of Our goods and services. You are advised to check the applicable laws in your jurisdiction.
6.1 We reserve the right, at our discretion, to change these Terms of Use on a going-forward basis at any time. Please check these Terms of Use periodically for changes. In the event that a change to these Terms of Use materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Website, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms of Use materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms of Use. If we require your acceptance of the changed Terms of Use, changes are effective only after your acceptance. If you do not accept the changed Terms of Use, we may terminate your access to and use of the service. All other changes are effective upon publication of the changed Terms of Use. Disputes arising under these Terms of Use will be resolved in accordance with the Terms of Use in effect that the time the dispute arose.
7.1 THIS WEBSITE IS PROVIDED "AS IS". ACCORDINGLY, WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY, COMMON LAW OR OTHERWISE) THAT ARE NOT EXPRESSLY STATED IN THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW, AND FURTHER DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
7.2 WE WILL NOT BE LIABLE FOR: (1) ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, OUR WEBSITE OR USE OF OR RELIANCE ON ANY CONTENT (INCLUDING CAD FILES) DISPLAYED ON OUR WEBSITE; (2) ANY ECONOMIC LOSS OR DAMAGE (INCLUDING LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACT, GOODWILL, OR OTHER FINANCIAL LOSS); (3) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE; (4) ANY LOSS OR DAMAGE CAUSED BY THE ACTIVITIES OF THIRD PARTIES WHOSE WEBSITES MAY BE ACCESSED VIA A LINK FROM OUR WEBSITE; OR (5) ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
7.3 YOU AGREE THAT OUR AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF, RELATING TO THE USE OF, OR ANY INABILITY TO USE THE WEBSITE (INCLUDING ANY PRODUCTS AVAILABLE OR PURCHASED THROUGH THE WEBSITE) OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (i) THE AMOUNTS YOU HAVE PAID TO US FOR PRODUCTS PURCHASED THROUGH THE WEBSITE IN THE 12 MONTHS PRIOR TO THE CLAIM OR (ii) $100 USD.
7.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.1 If, at any time, We do not require you to comply with any part of these Terms of Use, this will not prevent Us from requiring you to so comply in the future, nor shall a waiver of any breach or default of these Terms of Use or any provision of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
8.2 If any part of these Terms of Use is disallowed or held to be ineffective by any court or other competent body, the ineffective part shall be given effect to the greatest extent permissible and the rest of these Terms of Use shall not be affected.
8.3 We may assign, transfer or sub-contract any of Our rights or obligations under these terms to any third party. You may only assign or sub-contract any of your rights or obligations under the terms to a third party with Our written consent.
8.4 These Terms of Use are governed by California law, without regard to conflicts of law principles thereof. To the extent that any lawsuit or court proceeding is permitted hereunder, and except as otherwise set forth in the Terms of Sale, any disputes arising out of or in connection with these terms shall be subject to the non-exclusive jurisdiction of the state and Federal courts located in the Northern District of California.
8.5 These Terms of Use, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Us regarding your use of and access to the Website, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms of Use. Use of section headers in these Terms of Use is for convenience only and shall not have any impact on the interpretation of particular provisions. Upon termination of these Terms of Use, any provision that by its nature or express terms should survive will survive such termination or expiration.
8.6 If you have any question and comments about these Terms of Use or Our Website, we would be happy to hear from you. Please send e-mails to salestoronto@essentracomponents.com or write to us at the address above (for the attention of the Deputy Company Secretary).