Terms & Conditions
INTRODUCTION AND ACKNOWLEDGMENT
FMC Corporation (the “Company”) maintains this Web site (the “Web site”) for informational purposes only. Access and use of this Web site by you are governed exclusively by these terms and conditions (“Terms and Conditions”). By accessing and using this Web site, you acknowledge that you have read, accept, and will be bound by these Terms and Conditions. The Company reserves the right to modify or amend these Terms and Conditions from time to time without further notice.
Third Party Internet Web sites
The Company may from time to time provide links and pointers at this Web site to Internet sites of third parties (“Third Party Sites”). These links and pointers to Third Party Sites are provided as a convenience only. The Company has not reviewed, and does not operate or control in any respect, any information, products or services available on Third Party Sites, and the Company is not responsible for any information provided at any Third Party Sites. The Company makes no representations and provides no warranties of whatsoever kind concerning Third Party Sites, and the fact that the Company has provided a link to any Third Party Site on this Web site does not constitute an endorsement, authorization, sponsorship or affiliation by the Company with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. The Company expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third-Party Sites. The user/viewer is required to conduct his/her own due diligence regarding the veracity of such Third-Party Sites.
Forward Looking Statements
This Web site may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in the Company's Securities and Exchange Commission (“SEC”) reports, including the Company's most recently filed report with the SEC.
Timeliness of Information
All press releases and other information contained in this Web site were, to the best of the Company's knowledge, timely and accurate when issued. However, the passage of time can render all things stale, and the Company is not responsible for any misconceptions which may result from the reading of dated material. You should carefully check the dates of issuance of the information contained in this Website.
Financial Information
Financial information about the Company shown on this Web site is current only as of the date specified. The Company disclaims any obligation to update or correct financial information as the result of financial, business or any other developments occurring after the specified date. Financial information is not intended to be a substitute for information contained in reports and other documents filed by the Company with the SEC. Detailed financial and other information about the Company is available in: (A) the Company’s Annual Report for the year ended [December 31, 2000], as amended; (B) the Company’s subsequent Quarterly Reports on Form 10-Q; and (C) other reports and documents filed from time to time by the Company with the SEC. The Company cautions you that any information contained on EDGAR (the Electronic Data Gathering, Analysis, and Retrieval) system maintained by the SEC concerning the Company or any other entity may not be accurate or current.
Content and Liability Disclaimer
THE INFORMATION AT THIS WEB SITE MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE COMPANY ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR ANY ERRORS OR OMISSIONS WITH RESPECT TO THE FUNCTIONING OF, OR THE CONTENT AT, THIS WEB SITE AND RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE. MOREOVER, THE COMPANY DOES NOT WARRANT THE ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS OF ANY INFORMATION, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED AT THIS WEB SITE. ACCORDINGLY, ALL CONTENT AT THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DISCLAIMS ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES AT THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF, OR RELATED TO, THIS WEB SITE OR ANY OTHER WEB SITE OF THE COMPANY OR THE INFORMATION CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
User Provided Information
Except for personal data, which shall be governed by the Privacy Statement, any information or material received from you shall be deemed to have been provided by you and received by the Company on a non-confidential basis. By communicating with the Company, you automatically grant the Company a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication or any information therein alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, for any purpose and to sublicense such rights to third parties.
Web site Registration and Inquiries
This Web site is intended as an informational service for industry purchasers, formulators and other interested parties. The Company reserves the right to discard registrations and reject inquiries if such represents misuse or insincere uses of these services. Entries and other submitted materials become the property of the Company and will not be acknowledged or returned (read also “Privacy Statement”). The Company is not responsible for incomplete, late, lost, misdirected entries or for any technical malfunction, human error, lost/delayed data transmission, omission, interruption, deletion, defect, or line failure in connection with any telephone network, computer equipment, software or any combination thereof. Entries are void if unreadable, inaccurate, incomplete, mutilated, tampered with, forged, mechanically reproduced, irregular in any way, or otherwise not in compliance with these rules. If for any reason the Web site is not capable of running as planned, the Company reserves the right at its sole discretion to cancel, terminate, modify or suspend any registration.
Copyright and Terms of Use
This Website, including text, graphics, audio, design, software, and all derivative works based on any of the foregoing, is the copyrighted work of the Company or is used by the Company subject to permission of the copyright owner. Subject to the terms and conditions set forth in these Terms and Conditions, the Company grants you a non-exclusive, non-transferable, limited and personal license to use and display this site and the materials (“Materials”) thereon only for purposes associated with your interaction with this Web site, provided you keep intact all copyright, trademark and other proprietary notices on the Materials. Any modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of the Company. The Company’s presentation of information on this Web site does not confer any proprietary or other rights in its trademarks, trade names, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Web site or any Materials and you agree not to “frame” or “mirror” the Site, any material contained on or accessible from this Web site on any other server or Internet-based device without the advanced written authorization of the Company. You agree not to interrupt or attempt to interrupt the operation of the site in any way. You agree to abide by all additional restrictions displayed on the Web site as it may be updated from time to time.
Trademarks
FMC, the FMC logo and all brand names, company names, service marks, logos and trade dress of Company, or its subsidiaries, affiliates or licensors ("Marks") are trademarks or registered trademarks of Company or its subsidiaries, affiliates or licensors in the U.S. and other countries. Other brand names, company names, service marks, logos and trade dress may be trademarks or service marks of others. Any usage of the Marks on this Web site in any manner other than as authorized in these terms, conditions and restrictions, or as authorized in writing by the Company is strictly prohibited.
Patent Position
FMC Corporation does not warrant against infringement of patents of third parties by reason of any uses made of the product in combination with other material or in the operation for any process; purchasers assume all risks of patent infringement by reason of any such use, combination, or operation. FMC Corporation is owner or licensee of several United States patents related to products of the Company. The FMC products described herein may be covered by one or more United States patents, by pending patent applications or applications in other countries.
Warranty
Because of the numerous factors affecting results, products of FMC are sold on the understanding that the purchaser will make their own test to determine their suitability of these products for their particular purpose. The several uses suggested by FMC are presented only to assist our customers in exploring possible applications. All information and data presented are believed to be accurate and reliable but are presented without the assumption of any liability of FMC.
Technical Service
The information contained on this Web site is intended to be general in nature. Techniques and data pertaining to specific use of FMC ingredients and new developments will be published periodically.
International Use of the Web site
The Company makes no representations or claims that any information at this Web site is appropriate or may be downloaded outside of Canada. Access to this Web site and to any information at this Web site may not be legal by certain persons or in certain countries. If you access this Web site from outside Canada, you do so at your own risk of liability under the laws of Canada or of your jurisdiction.
Indemnification
Submissions and unauthorized use of any Materials contained on this Web site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold the Company and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Website or the use of the Website by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
Disputes
This Web site is controlled and operated by the Company from its corporate headquarters in Philadelphia, Pennsylvania. Any disputes that may arise concerning this Web site and the information contained herein shall be governed by Illinois law (without regard to conflicts of law principles). All proceedings, which may arise out of, or in connection with, this Web site shall be brought solely in the appropriate state or Federal courts in Philadelphia, Pennsylvania.
Entire Agreement
These Terms and Conditions constitute the entire and only agreement between the Company and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings concerning this Website.