In exchange for Axiall Corporation (Axiall) providing you with access to this system, you acknowledge and agree to the following terms and conditions of use:
The materials on this website are provided by Axiall to its customers. By accessing and/or using this system you acknowledge and agree to the following terms and conditions of use. If you do not agree to these terms and conditions, do not access this website:
WE DO NOT WARRANT THE INFORMATION IN THIS SITE
1. Axiall does not warrant that the information, text, graphics, links or other items contained within these materials are accurate, complete, up-to-date, current, free from technical inaccuracies or typographical errors. Included in this disclaimer is our current stock price, which is actually a link to a website not controlled by Axiall (see below terms concerning links). Axiall may make changes to these materials, or to the products described therein, at any time for any reason without notice. Axiall makes no commitment to update the materials or information contained on this site.
2. INFORMATION AND MATERIALS PROVIDED IN THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT.
DO NOT SEND US ANY CONFIDENTIAL INFORMATION
3. Any comments or materials sent to Axiall, including but not limited to feedback data, such as questions, comments, suggestions, or the like regarding the content of any materials and information posted on the website (collectively "Feedback"), shall be deemed to be non-confidential. Axiall shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Axiall shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.
LINKS TO OTHER SITES ARE MERELY A COURTESY
4. Axiall makes no representations whatsoever about any other web site, which you may access through this one. When you access a non- Axiall web site, please understand that it is independent from Axiall, and that Axiall has no control over the content on that web site. In addition, a link to a non- Axiall web site does not mean that Axiall endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.
WE PROTECT OUR INTELLECTUAL PROPERTY
5. The contents of this website are the copyrighted work of Axiall and are protected from copying and simulation under U.S. and international copyright laws and treaties. Copying, alteration, distribution, transmission, any form of reproduction or modification, or any other unauthorized use of this material is prohibited.
6. The trademarks, service marks and logos used and displayed on this website are the registered and unregistere marks of Axiall. No license or right to use any mark without the express, written, non-electronic permission of Axiall is granted.
CONTROLLED ACCESS IMPOSES GREATER OBLIGATIONS ON YOU
7. If you receive a password to access certain areas of this website that are restricted to users issued a password (Controlled Access), you agree that the password and any Controlled Access information is confidential and proprietary to Axiall (Confidential Information). You will maintain in confidence, using the degree of care that you use in safeguarding your own confidential information, but no less than a reasonable degree of care, for a period of five (5) years from and after the date you last access the Confidential Information, the Confidential Information made available to you through Controlled Access. You shall not permit the disclosure of same to any third party; except when, after and to the extent such Confidential Information: (i) was already known to you prior to your access to same hereunder, as evidenced by your written records prepared prior to such Controlled Access; (ii) was in or hereafter comes within the public domain, other than by your failure to fulfill your obligations hereunder; (iii) is made available to you by a third party who does not have any direct or indirect obligation of secrecy to Axiall therefor; (iv) is independently developed by you without exposure to Axiall's Confidential Information; or (v) is required to be disclosed by law, provided you give Axiall timely notice of any action to have the Confidential Information disclosed and Axiall has a reasonable opportunity to object. If the Confidential Information constitutes a trade secret, the obligation of confidentiality shall continue for so long as the information constitutes a trade secret, but no less than for a period of five (5) years from and after the date you last access the Confidential Information.
8. You agree not to disclose any Confidential Information accessed by you to any other person.
INTERNATIONAL USERS BEWARE
9. This website is controlled, operated and administered by Axiall from its offices within the United States of America. Axiall makes no representation that materials at this website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this Website or export the Materials in violation of U.S. export laws and regulations. If you access this Site from locations outside the United States, you are responsible for compliance with all local laws.
INVESTMENT ADVICE AND FORWARD-LOOKING STATEMENTS
10. This website may contain "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995. Predictions of future results contain a measure of uncertainty and, accordingly, actual results could differ materially due to various factors. A list of factors that could affect future results is included in our 2000 Form 10-K and also our quarterly 10-Q filings, and any forward-looking statements should be considered in light of those factors.
11. Nothing in this website is intended to be, nor shall it be construed as investment advice, an offer to sell or a solicitation of an offer to buy any security.
YOU AGREE TO INDEMNIFY US FOR USING THIS WEBSITE
12. You agree to indemnify and hold harmless Axiall, its directors, officers, agents and employees, as well as its subsidiaries and affiliates and their directors, officers, agents and employees, from and against any and all claims, costs, expenses, and damages (including attorney's fees) arising out of or related to your access to this website (including, if applicable, any controlled access granted to you by Axiall).
DISPUTES AND APPLICABLE LAW
13. Axiall shall not be liable TO ANY PERSON for any DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY direct, indirect, consequential, compensatory, punitive, BUSINESS LOSS OR INTERRUPTION damages ARISING FROM YOUR USE OF OR INABILITY TO USE THE MATERIALS AND INFORMATION IN THIS WEBSITE. THIS PROVISION APPLIES EVEN IF AXIALL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Any dispute arising out of or relating to your use of this website shall be conclusively resolved by arbitration according to the then current Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes. The arbitration shall take place in Atlanta, Georgia, U.S.A. and shall be conducted in the English language. The law of the State of Georgia, U.S.A., without regard to its conflict of law rules, shall govern the resolution of any dispute relating to or arising out of your use of this website. The application of the United Nations Convention on the International Sale of Goods is expressly disclaimed. The arbitrator(s) shall not have any power to award more than one dollar ($1.00) in damages against Axiall, and may not award any equitable relief.
15. We reserve the right to terminate your ability to access any information at any time and for any reason.
16. Axiall may modify these terms and conditions of use at any time. The terms and conditions under which you access materials and information are those that are listed on the day you access said materials and information.