Terms & Conditions
Acceptance of the Terms & Conditions
These Terms & Conditions are entered into by and between you and Magris Talc USA, Inc., (“Magris Talc,” “Company,” “we,” or “us”). The following terms and conditions (the “Terms & Conditions “) govern your access to and use of magristalc.com, including any content, functionality, and services offered on or through magristalc.com (the “Website”), whether as a guest or a registered user. If you are using this Website on behalf of a corporation or other organization, you represent and warrant that you have the requisite authority to bind the corporation or organization.
Changes to the Terms & Conditions
We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes and your use of the Website will be governed by the Terms & Conditions in place at the relevant time. It is your responsibility to regularly review these terms, as they are binding on you.
Conditions of Use
Except as expressly provided below or otherwise authorized by Magris Talc, any reproduction, modification or distribution, performance, republication, downloading, or creation of derivative works of the Website materials or content, in whole or in part, is strictly prohibited.
You may download one copy of materials published by Magris Talc on this Website on any single computer for your personal, non-commercial use only, provided you do not modify copies of any materials from the Website or remove or alter any copyright, trademark or other proprietary notices from copies of materials from the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms & Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.
Accuracy and Use of Information
The information presented on or through the Website is made available solely for general information purposes. Magris Talc makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Ownership of Intellectual Property
The materials provided on the Website including, without limitation, all content, features and functionality, site design, information, text, graphics, displays, images, video, and audio and the design, selection and arrangement thereof are owned by the Company and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights are reserved. Except as expressly provided I these Terms & Conditions, any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited.
Magris, magristalc.com and related names, words, product and service names, designs, slogans and logos are trade-marks and/or trade-names of Magris Talc. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Magris Talc or of third parties is strictly prohibited.
Nothing in these Terms & Conditions or your use of the Website grants you any rights in or to the intellectual property or proprietary rights of Magris Talc or any third party.
You may use the Website only for lawful purposes and in accordance with these Terms & Conditions. You agree not to:
- Use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
- Frame this Website nor link to this Website without Magris Talc’s express permission.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms & Conditions, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ITS AFFILIATES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR ITS AFFILIATES OR LAW ENFORCEMENT AUTHORITIES.
Certain links on this Website lead to other websites (“Linked Sites”) which are provided for your convenience only. Independent parties over whom Magris Talc have no control maintain the Linked Sites. Magris Talc accepts no responsibility for the Linked Sites, or for any loss or damage that may arise from your use of them, and makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including any goods or services sold or made available. Magris Talc disclaims all liability and responsibility for the content of any Linked Site. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Information About You and Your Visits to the Website
Compliance with Laws
In addition to complying with these Terms & Conditions, you agree to use the Website, Linked Sites and services available on or through the Website and Linked Sites for lawful purposes only and in a manner consistent with local, national, provincial or international laws and regulations. You may not use the Website or Linked Sites in any manner which could damage, disable, overburden, or impair the Website or Linked Sites or interfere with any other party’s use or enjoyment of the Website or Linked Sites.
MATERIAL CONTAINED IN OR ACCESSIBLE THROUGH THIS WEBSITE IS FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED TO AND DOES NOT CONSTITUTE AN OFFERING IN ANY JURISDICTION. MAGRIS TALC DOES NOT ASSUME ANY DUTY OF DISCLOSURE BEYOND THAT WHICH IS REQUIRED BY APPLICABLE LAW.
The owner of the Website is based in the State of Delaware in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.
Exclusion of Liability
You understand and agree that your downloading material from the Website or Linked Sites at your own risk. Magris Talc cannot and does not guarantee or warrant that such materials are free of viruses, worms, trojan horses or other destructive properties. You are responsible for: (a) implementing safeguards to satisfy your particular requirements and protect your computer system and data, (b) maintaining a means external to our site for any reconstruction of any lost data, and (c) the entire cost of any service, repairs or corrections necessary as a result of the use of the Website or any Linked Site. You are responsible for implementing sufficient procedures and checkpoints to for anti-virus protection and accuracy of data input and output, and.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING (I) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES, (II) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS OR REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, (III) CLAIMS OF THIRD PARTIES, OR (IV) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO, THE WEBSITE OR ANY LINKED SITE. IN NO EVENT WILL THE CUMULATIVE LIABILITY OF MAGRIS TALC AND MAGRIS TALC’S SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY LINKED SITE EXCEED CAD$10.00. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS ON SOME CATEGORIES OF DAMAGES, THESE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
This disclaimer of warranties and limitation of liability will apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if Magris Talc and its service providers are advised of the possibility of the loss, damage, claim or liability. You agree to indemnify and hold Magris Talc and its service providers harmless from and against any and all claims, liabilities, damages, demands, losses or expenses (including all legal fees) arising out of your breach of this legal notice or any policies.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms & Conditions, or your use of any information obtained from the Website.
Jurisdiction and Governing Law
The laws of the State of Delaware and any applicable federal laws of the United States will govern these Terms & Conditions and your use of the Website without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). The courts of the State of Delaware will have exclusive jurisdiction over any dispute arising out of your use of this Website and you attorn to the exclusive jurisdiction of, the courts of the courts of the State of Delaware, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
These Terms & Conditions, any and all other notices, policies and statements contained on the Website (as the same may be amended by Magris Talc from time to time without prior notice) constitute the entire agreement between Magris Talc and you. These Terms & Conditions supersede anything in the Website inconsistent with this Terms & Conditions. No waiver of any of these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms & Conditions is held to be unenforceable by a court of competent jurisdiction, such part of these Terms & Conditions shall be restricted or eliminated to the minimum extent necessary and the remaining Terms & Conditions will otherwise remain in full force and effect.