Welcome to the Web site for Masterchem Industries LLC at www.masterchem.com. We maintain this site for general promotional, investor relations and public information purposes. The following Terms of Use ("Terms") apply to your use of this site and other websites operated by Masterchem Industries LLC that display or link to these Terms of Use (collectively ("Web Site" or "Site"). Please read them carefully! By using this Web Site, you are agreeing to be bound by these Terms. You may not use this Site if you do not agree to these Terms.
Unless the context indicates otherwise, as used in these Terms, (i) "Masterchem," "us," "we," and "our" refer to Masterchem Industries LLC and its parent, subsidiaries and affiliates, (ii) "Content" refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Web Site, including user interfaces and the selection, coordination and arrangement of such information, and (iii) "Software" refers to any software available for downloading on the Site.
Changes to this Site or these Terms
We may change or discontinue this Web Site at any time without prior notice or
obligation to you. We may also change these Terms at any time without prior notice or
obligation, and your continued use of the Site after such changes have been posted will
constitute your acceptance of the changes.
Intellectual Property
The Site is owned and operated by Masterchem in conjunction with others pursuant to
contractual arrangements, and the Content and Software (and any intellectual property
and other rights relating thereto) is and will remain the property of Masterchem and its
licensors and suppliers. The Content and Software and the selection, compilation,
collection, arrangement and assembly thereof is protected by U.S. and international
copyright, trademark and other laws, and you acknowledge that these rights are valid
and enforceable.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Site belong exclusively to Masterchem, our third party licensors or others, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws. Nothing on this Site confers on you any license or right under any copyright, trademark or service mark of Masterchem or any third party, by implication, estoppel or otherwise. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.
Permitted and Prohibited Uses
You may view and make one electronic or paper copy of the information posted on any
screens of this Web Site, provided that you use the copy solely for your personal,
informational and non-commercial purposes and that you (i) keep all copyright and other
proprietary notices intact, (ii) do not modify the Content or use it in a manner that
suggests an association with any of our products, services or brands and (iii) do not
download quantities of the Content to a database that can be used to avoid future
downloads from this Site. You may execute a single copy of any Software. Use or
downloading of the Software is conditioned on acceptance of the terms and conditions
of any license agreements relating to such Software, including agreements of third
parties. By acquiring or using the Software, you agree to such terms and conditions.
While using the Site, the Content, and the Software you agree to comply with all
applicable laws, rules and regulations.
If you download Software from the Site, such Software is licensed on a limited basis to you by us or the owner of such Software. Title to the Software is not transferred to you. You own the medium on which the Software is recorded, but we retain all right, title and interest in and to the Software, and all intellectual property rights therein. You may not re-sell or transfer the Software to any third party.
Forums and Public Communication
This Site may enable users to submit their own content to a chat area, message board
or e-mail function ("forum"). Any forum on the Site is a free service to enable you to
share comments about products and services available on our site. If you participate in
a forum within the Site, any information you disclose in such a submission may be
publicly available and you should exercise caution in deciding whether to disclose any
personal, financial or other sensitive information there. By uploading or submitting any
materials to a forum, you automatically grant (or warrant that the owner of such
materials expressly grants) us and our designees a non-exclusive, royalty-free,
worldwide, sublicenseable (through multiple tiers), assignable, perpetual, irrevocable
right and license to use, reproduce, publicly display, publicly perform, digitally perform,
distribute, create derivative works based on, make, have made, sell, offer for sale and
import such materials or incorporate such materials into any form now know or later
developed, for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the submissions. Masterchem cannot prevent others
persons who access this site from using submissions and personal information they find
here, even if their use of that information violates the law, or your personal privacy or
safety. None of the submissions will be subject to any obligation, whether of
confidentiality, attribution or otherwise, on our part and we will not be liable for any use
or disclosure of any submissions.
When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
Masterchem is proud to provide a forum for you to air your opinions on the topics and items we feature. While we appreciate your time and comments, you are prohibited from posting or transmitting the following in your posts: (i) profanity, pornography, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; (vi) any software or other materials that contain a virus or other harmful component, and (vii) Masterchem is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
We have no obligation to monitor the Site or the forums, or any submissions or other materials that you or other third parties transmit or post on the Site or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Site and the forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum); to disclose such materials, the circumstances surrounding their transmission, and the identity of the poster to any third party in order to operate the Site properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
A testimonial board post is not an effective way to tell us you need help with an order or site feature. If you'd like to tell us about a specific problem, please e-mail us. Masterchem disclaims liability for any failure on its part to provide help with a specific problem disclosed on this site.
Rules for Sweepstakes, Contests and Games
Any sweepstakes, contests or games that are accessible through the Site are governed
by specific rules. By entering such sweepstakes or contests or participating in such
games you will become subject to those rules. We urge you to read the applicable rules,
which are linked from the particular activity, and to review our Privacy Policy, which in addition to this
Agreement, governs any information you submit in connection with such sweepstakes,
contests and games.
Making Purchases
If you wish to purchase products or services described on the Site, you will be asked by
Masterchem or the third party provider of the product or service to supply certain
information applicable to your purchase, including, without limitation, credit card and
other information. You understand that any such information will be treated by
Masterchem in the manner described in our Privacy Policy. You agree that all
information that you provide to Masterchem or such third party provider will be accurate,
current and complete. You agree to pay all charges incurred by you or any users of your
account and credit card (or other applicable payment mechanism) at the price(s) in
effect when such charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases. Descriptions or images of, or references to,
products or services on the Site do not imply Masterchem’s endorsement of such
products or services. We reserve the right, without prior notification, to change such
descriptions or references, to limit the order quantity on any product or service and/or to
refuse service to you. Verification of information applicable to a purchase may be
required prior to Masterchem’s acceptance of any order. Price and availability of any
product or service are subject to change without notice. If you have any questions or
complaints regarding your order, or if you would like further information, please contact
our Technical Services Department at techservice@masterchem.com. If you are a
California resident, please be advised that the Complaint Assistance Unit of the Division
of Consumer Services of the Department of Consumer Affairs can be reached at 1625
N. Market Blvd., Suite S-202, Sacramento, CA 95834, or at (916) 574-7950.
Disclaimer of Warranties
We make no guarantees or warranties of any kind, express or implied, regarding the
Content, the Software or operation of the Site. You access and use this Site at your own
risk. The Content and Software (including all information available on or through the Site)
are provided "AS IS" and we are not responsible for its use or misuse. Access to this
Site from locations where the Content or Software may be illegal is prohibited and you
are responsible for compliance with applicable local laws. You are also responsible for
taking all necessary precautions to assure that any material you obtain from this Site is
free from computer viruses, worms, Trojan horses or other destructive devices.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT OR SOFTWARE, (IV) WARRANTIES RELATING TO THE OPERATION OF THE SITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. MASTERCHEM AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF MASTERCHEM OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, THE SOFTWARE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
A possibility exists that the Site, Content, Software or forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Content, Software or forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at techservice@masterchem.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
Links from this Web Site
As a convenience to you, we have provided hyperlinks from this Web Site and
descriptions of or references to selected third party Web sites that are not operated by
Masterchem. However, by providing such links, we are not endorsing such third parties
or their Web sites or their products or services. We are not responsible for and make no
representations about the contents or use of such hyperlinked third party sites or any
further links contained there to other sites. If you use a Web site that is hyperlinked to
this Web Site, you do so at your own risk; we are not responsible for assuring that
hyperlinked sites are free from computer viruses, worms, Trojan horses or other
destructive devices. We may discontinue our hyperlinks to any third party site at any
time without notice or obligation to you.
Links to this Web Site
If you wish to provide a hyperlink from your Web site to this Web Site, you may do so
only under the following conditions: (i) any link to our Site must be a text-only link and
clearly marked "Masterchem Web Site"; (ii) the link must "point" to the URL
www.masterchem.com and not to other pages within our Site; (iii) when selected by a
user, the link must display our Site on full-screen and not within a "frame" on the linking
site; (iv) the appearance, position and other attributes of the link may not imply that you
or any related organizations or entities are endorsed or sponsored by, affiliated with, or
associated with us; (v) the appearance, position and other aspects of the link may not
be such as to damage or dilute the goodwill associated with our names and trademarks;
(vi) the linked site may not contain content that could be construed as distasteful,
offensive or controversial or that is not appropriate for all age, racial, religious and other
groups protected by law; and (vii) we reserve the right to revoke our consent to the link
at any time in our sole discretion and you will remove the link immediately upon our
request. By linking your Web site to ours, you are agreeing to be bound by these terms.
Limitation of Liability
NEITHER MASTERCHEM NOR ANY OF OUR AFFILIATES, LICENSORS,
SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS,
OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER
REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER
DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR
RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE
SITE, THE SOFTWARE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE
PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION
WITH THE SITE, CONTENT, SOFTWARE OR ANY LINKED SITE IS TO STOP USING
THE SITE, CONTENT, SOFTWARE OR LINKED SITE, AS APPLICABLE. THE SOLE
AND EXCLUSIVE MAXIMUM LIABILITY TO MASTERCHEM FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL
AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Governing Law
These Terms will be governed by and construed in accordance with the laws of the
State of New York and the United States of America, without reference to any choice of
law rules under New York law. You agree that any action at law or in equity arising out
of or relating to these Terms or relating your use of this Web Site will be filed only in the
state or federal courts located in Orange County, California and you agree to submit to
the personal jurisdiction of such courts for the purposes of litigating any such action,
and to waive any jurisdictional, venue or inconvenient forum objections to such courts.
Miscellaneous
These Terms may be supplemented by additional terms posted at other locations on
this Site, but these Terms will supersede in the event of a conflict with such additional
terms. These Terms and such additional terms constitute our entire agreement with you
regarding your use of this Web Site. Any heading, caption or section title contained in
this Agreement is inserted only as a matter of convenience and in no way defines or
explains any section or provision hereof. The invalidity of any term, condition or
provision of these Terms of Use shall not affect the enforceability of those portions
deemed enforceable by applicable courts of law.
Violations
We reserve the right to seek all remedies available at law and in equity for violations of
these Terms, including suspension or blocking of your access to this Web Site. Our
failure to enforce any provision of these Terms will not constitute a waiver of such
provision or of our legal or equitable rights. You agree to defend and indemnify us and
our directors and employees from and against any and all damages, claims, liabilities
and costs arising directly or indirectly from (i) your violation of these Terms or your use
of this Site; (ii) any allegation that any materials you submit to us or transmit to the Site
infringe or otherwise violate the copyright, trademark, trade secret or other intellectual
property or other rights of any third party; and/or (iii) your activities in connection with
the Site.
Notice for California Users
Under California Civil Code Section 1789.3, California Site users are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by
telephone at (916) 445-1254 or (800) 952-5210.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for
copyright owners who believe that material appearing on the Internet infringes their
rights under U.S. copyright law. If you believe in good faith that materials hosted by
Masterchem infringe your copyright (for example, materials posted by Masterchem on
one of our forums), you (or your agent) may send us a notice requesting that the
material be removed, or access to it blocked. The notice must include the following
information: (a) a physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed; (b) identification of the
copyrighted work claimed to have been infringed (or if multiple copyrighted works
located on the Site are covered by a single notification, a representative list of such
works); (c) identification of the material that is claimed to be infringing or the subject of
infringing activity, and information reasonably sufficient to allow Masterchem to locate
the material on the Site; (d) the name, address, telephone number and e-mail address
(if available) of the complaining party; (e) a statement that the complaining party has a
good faith belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and (f) a statement that the information in
the notification is accurate and, under penalty of perjury, that the complaining party is
authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed
by Masterchem against you, the DMCA permits you to send Masterchem a counternotice.
Notices and counter-notices must meet the then-current statutory requirements
imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and
counter-notices with respect to the Site should be sent to:
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Access By Minors
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental
control protections (such as computer hardware, software or filtering services) are
commercially available that may assist you in limiting access to material that is harmful
to minors. Information identifying current providers of such protections is available on
the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online
(http://onguardonline.gov/). Please note that Masterchem does not endorse any of the
products or services listed at such site.
Jurisdictional Issues
The Site is solely directed to individuals residing in the United States. We make no
representation that Content or Software available on or through the Site is appropriate
or available for use in other locations. Those who choose to access the Site from other
locations do so on their own initiative and at their own risk, and are responsible for
compliance with local laws, if and to the extent local laws are applicable. The Software
is further subject to United States export controls. No Software may be downloaded or
otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq,
Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed
goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading
or using any Software, you represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or on any such list. We reserve
the right to limit the availability of the Site and/or the provision of any service, program,
film or other product described thereon to any person, geographic area or jurisdiction, at
any time and in our sole discretion, and to limit the quantities of any such service,
program, film or other product that we provide.
Investment Information
The information contained on the Site may not be current and should not be used or
relied on for any decision to invest in, purchase, retain, sell or otherwise transfer the
stock of our parent company, Masco Corporation, or for any related purpose. Masco
Corporation is a publicly held Delaware corporation and files quarterly and annual
reports with the United States Securities and Exchange Commission in Washington,
D.C. ("SEC").
Forward-Looking Statements
Statements in any news release of Masterchem, contained on the Site or communicated
orally or in writing that concern us or our management and that are not historical facts
are "Forward-Looking Statements." Forward-Looking Statements include, without
limitation, statements that (a) include the words "believes, " "expects, " "anticipates, "
"estimates" or words of similar importance or meaning with reference to us or our
management; (b) are specifically identified as forward-looking; (c) describe any of our
plans, objectives or goals for future operations and products; or (d) concern the
characteristics and growth of our markets or customers or our expected liquidity and
capital resources. Forward-Looking Statements are only predictions involving important
factors and risks that may cause actual results to differ materially from those discussed
in any Forward-Looking Statement. Those important factors and risks include, without
limitation, economic, competitive, governmental and technological factors affecting our
operations, markets, products, services and prices. Important factors and risks are
described in our parent company’s (Masco Corporation’s) current annual report filed
with the SEC, and may be detailed from time to time in additional reports and other
filings of Masco Corporation filed with the SEC. Copies of the most recent reports and
other filings of Masco Corporation can be accessed through the SEC EDGAR system
located at www.sec.gov or may be obtained at no charge from the Masco Corporation.
Masterchem expressly disclaims any obligation or responsibility to update or revise or
supplement any Forward-Looking Statement in any news release or generally to any
extent.
Questions
We welcome questions, comments and other feedback about this Terms of Use, the
Web Site and about our products and services. However, please be aware that we will
treat all such communications as non-confidential and may reproduce, use, disclose
and distribute them without notice or obligation to you. If you have any questions or
comments, please contact us at: