Newmarket International - Terms & Conditions

NEWMARKET INTERNATIONAL, INC. WEB SITE TERMS OF USE

ACCEPTANCE OF TERMS:

Newmarket International, Inc. (“Newmarket”) makes this web site (the “Site”), including all information, documents, communications, files, text, and graphics available through this Site (collectively the “Materials”) and all services operated by Newmarket through this site (collectively the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Newmarket may publish from time to time (collectively the “Terms of Use”). By accessing or using this Site in any way, including without limitation, use of any of the Services, downloading any of the Materials, or merely browsing the Site, you agree to be bound by the Terms of Use.

INTELLECTUAL PROPERTY:

The Materials and Services on this Site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Newmarket and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services, except as expressly authorized herein.

TRADEMARKS:

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Newmarket or other third parties. You are not permitted to use the Marks without the prior written consent of Newmarket or such third party that may own the Marks. Newmarket and the Newmarket logo are the registered trademarks of Newmarket International, Inc.

USE OF NEWMARKET MATERIAL:

Except as stated to the contrary elsewhere on this Site, permission to download, use, and print Materials (such as white papers, press releases, datasheets and FAQs) is granted subject to the following conditions: (i) the Materials may be used solely for non-commercial or internal business purposes; (ii) the Materials may not be modified or altered in any way; (iii) you may not create derivative works from the Materials available through the Site; (iv) the Materials may not be distributed or sold, rented, leased, transferred, or licensed to others; (v) you may not remove any copyright or other proprietary notices contained in the Materials; (vi) Newmarket reserves the right to revoke this authorization to view, download, and print the Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Newmarket; and (vii) the rights granted to you constitute a license and not a transfer of title. Materials specified above do not include the design or layout of the Newmarketinc.com web site or any other Newmarket owned, operated, licensed or controlled site. Elements of Newmarket’s web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Newmarket web site may be copied or retransmitted unless expressly permitted by Newmarket.

NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS SITE:

Any software that is made available to download from this Site ("Software") is the copyrighted work of Newmarket and/or its suppliers. Use of the Software is governed by the terms of the End User License Agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the terms of the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, NEWMARKET HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, NEWMARKET MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NEWMARKET DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN NEWMARKET SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND.

Any Software which is downloaded from the Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Newmarket International, Inc., 135 Commerce Way, Portsmouth, NH 03801.

USE OF NEWMARKET SERVICES:

When using Services on this Site, you shall be subject to any posted guidelines, rules, or licenses applicable to such Services in addition to these Terms of Use. Services offered through this site may include e-mail services, bulletin board services, chat areas, forums, and/or other message or communication facilities designed to enable you to communicate with others.

You agree to use the Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using the Services, you will not (i) use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); (ii) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (iii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information; (iv) upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same; (v) use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party, (vi) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (vii) advertise or offer to sell or buy any goods or services for any business purpose;(viii) download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner; (ix) falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; (x) restrict or inhibit any other user from using and enjoying the Services; (xi) violate any code of conduct or other guidelines which may be applicable for any particular Service; (xii) harvest or otherwise collect information about others, including e-mail addresses; (xiii) violate any applicable laws or regulations; (xiv) create a false identity for the purpose of misleading others; and (xv) use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

USER CONDUCT:

In using the Site, including all Services and Materials available through it, you agree: (i) not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites; (ii) not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; (iii) not to create a false identity; (iv) not to use or attempt to use another's account, password, service, or system without authorization from Newmarket; and (v) not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

USER CONTENT:

Although it is not our intention to do so, Newmarket reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use and/or any intellectual property laws) without prior notice or liability.

Newmarket may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, or chat rooms, bulletin boards, or other user forums; and (ii) the substance of any User Content.

Newmarket does not control or endorse User Content, messages or information found in any Services. Therefore, to the maximum extent permitted by law, Newmarket will have no liability related to User Content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Newmarket disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.

MEMBER ACCOUNT, PASSWORD, AND SECURITY:

If any of the Services require you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Newmarket immediately of any unauthorized use of your account or any other breach of security. Newmarket will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Newmarket or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

WARRANTIES AND DISCLAIMERS:

THIS SITE, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEWMARKET MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SERVICES, OR MATERIALS ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY DEFECTS IN THE SITE, ITS SERVICES OR MATERIALS, WILL BE CORRECTED. THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) NEWMARKET DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THIRD PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) NEWMARKET MAKES NO REPRESENTATION OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) NEWMARKET SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. NEWMARKET ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
LIMITATION OF LIABILITY:

IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL NEWMARKET, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT NEWMARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
LINKS TO THIRD PARTY SITES:

THE LINKS IN THIS AREA WILL ALLOW YOU LEAVE NEWMARKET'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF NEWMARKET AND NEWMARKET IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. NEWMARKET IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. NEWMARKET IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY NEWMARKET OF THE LINKED SITE.
UNSOLICITED IDEA SUBMISSION POLICY:

NEWMARKET OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN NEWMARKET'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO NEWMARKET. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO NEWMARKET OR ANYONE AT NEWMARKET. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT NEWMARKET MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.

PRIVACY:

See Newmarket’s Privacy Statement relating to the collection and use of your information. You understand and acknowledge that Newmarket reserves the right at all times to disclose any information collected through the Site to satisfy any applicable law, regulation, legal process or governmental request.

ENTIRE AGREEMENT:

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Newmarket and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Newmarket to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section heading used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Contacting Us:

If you have any questions about these Terms of Use, our Privacy Policy or the practices of our web site, you may contact us at:

Newmarket International, Inc.
75 New Hampshire Avenue
Portsmouth, NH 03801
Attention: Legal Department