By visiting www.pcna.com/en-us or www.pcna.com/en-ca and Polyconcept North America's (together with Polyconcept North America's affiliates, "PCNA") other affiliated websites (the "Websites"), you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that the Websites are safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use the Websites. This Privacy Policy applies to the websites that are listed below, which are owned and operated by PCNA (collectively, the “Website(s)”):
Accuracy of Information. PCNA obtains all information, downloadable files and software contained herein from sources believed by PCNA to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, PCNA shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the Websites. PCNA makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the Websites. Information and software may be changed at any time without notice of any kind. Any reliance you place on such information is strictly at your own risk.
Acceptance of Terms of Use of the Websites. The access to the Websites is provided to you by PCNA under these Terms of Use. Although portions of the Websites may be viewed simply by visiting such Website, in order to receive additional services from PCNA you may need to sign on as a guest or register as a member of such Website. If you sign on to the Websites as a guest or if you register as a member of the Websites' community, these Terms of Use will govern your use of the Websites, including access to message boards and other features.
By accessing, browsing, submitting information to and/or using the Website, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms of Use, please do not use the Websites.
These Terms of Use govern your use of the Websites and all services provided in connection with the Websites. PCNA shall not be liable to you for any breach of these Terms of Use. In addition, PCNA does not bear any fiduciary responsibility to any user of the Websites. The Terms of Use for your continued use of the Websites will be posted on the Websites. Please check this area, and the Modifications to These Terms of Use section below, before using the Websites to determine whether a change has been made to these Terms of Use. Registration Information/Privacy Policy Collection of Personal Information When you engage in certain activities on this site, such as filling out forms, downloading software, or entering complaints, PCNA may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, PCNA may require that you provide certain personal information, such as your name, mailing address, email address, and other personal identifying information. PCNA collects, uses, and discloses this information in accordance the PCNA Website Privacy Policy.
Beginning January 16, 2023, a credit card surcharge fee of 2.7% USD/2.4% CAD of the total payment amount will be assessed on all credit card payments.
When you visit the Websites, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, PCNA uses "cookies" to track your visit. For more information on cookies and automated information collection tools used on the Websites, please see the PCNA Website Privacy Policy.
You agree that you will not:
- Use the Websites in any manner that could damage, disable, overburden, or impair the Websites or interfere with any other party’s use and enjoyment of them;
- Attempt to gain unauthorized access to any Website account, computer systems or networks associated with PCNA or the Websites;
- Obtain or attempt to obtain any materials or information through the Websites by any means not intentionally made available or provided by PCNA;
- Use any robot, spider, or other automatic device, process or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attack the Websites via a denial-of-service attack or a distributed denial-of-service attack; or
- Impersonate or attempt to impersonate PCNA, a PCNA employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
PCNA may modify these Terms of Use from time to time at its sole discretion. Each time you log on to the Websites, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with the Websites immediately (i) by notifying PCNA of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of the Websites.
PCNA may modify or discontinue the Websites with or without notice to you and without liability to you or to any third party.
You also agree not to use the Websites to send or post on message boards or any place on the Websites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
PCNA reserves the right to delete any such material from the Websites. PCNA will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section. You agree not to post or use the Websites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
The Websites and the data, material, content or other information therein (the “Content”) are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Website or Content in any manner, except as expressly permitted by PCNA in these Terms of Use. The Website and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of PCNA or applicable owner.
Copyright. You should assume that everything you see or read on the Websites is copyrighted unless otherwise noted and may not be used without the written permission of PCNA. PCNA neither warrants nor represents that your use of materials displayed on the Websites will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on the Websites is either property of, or used with permission by, PCNA. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Websites. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademark. Nothing contained on the Websites should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on the Websites without the written permission of PCNA or such third party that may own a trademark displayed on the Websites. Your misuse of PCNA’s trademark(s) displayed on the Websites, or any other Content on the Websites, except as provided herein, is strictly prohibited.
Your Content. Any Content you create or own or to which you have a license and use on the Website is Your Content. In sharing Your Content on the Websites, you warrant and represent you have the legal right to use Your Content and grant PCNA an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any Website services as described in these Terms of Use and in any posted policies on the Websites. The Website services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require PCNA systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Websites. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, PCNA or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Special routing icons may be included within the Websites, the activation of which will allow you to access and learn more about PCNA and other services provided by PCNA or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
The links to third parties sites contained within the Websites will allow you to leave the Websites. The sites that are linked to the Websites are not under the control of PCNA. PCNA is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. PCNA provides these links only as a convenience to you, the user of the Websites; and the inclusion of any link does not imply endorsement by PCNA of the linked site. Any rights not expressly granted by PCNA herein are expressly reserved.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PCNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PCNA MAKES NO WARRANTY THAT THE WEBSITES WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES PCNA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES. PCNA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE WEBSITES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU UNDERSTAND AND AGREE THAT PCNA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE WEBSITE.
PCNA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER PCNA NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE WEBSITES, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. PCNA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE. PCNA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN THE WEBSITES IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PCNA OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
PCNA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES. PCNA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE WEBSITE. AS A CONVENIENCE TO THE WEBSITES' USERS, PCNA MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND PCNA'S CONTROL. PCNA MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH THE WEBSITES MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST PCNA WITH RESPECT TO SUCH SITES.
PCNA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF PCNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Platform may be subject to U.S. and other national export controls and economic sanctions. Individuals or entities owned or controlled, registered in, or related to Cuba, Iran, Sudan, Syria, or North Korea are not permitted to use the Platform without prior written permission from Company once granted by the appropriate jurisdiction. Your rights and obligations hereunder shall be subject to such United States laws and regulations as shall from time to time govern the license and delivery of technology abroad by persons subject to the jurisdiction of the United States, including the Export Administration Act of 1979, as amended, any successor legislation to the Export Administration Act of 1979, and the Export Administration regulations issued by the Department of Commerce, International Trade Administration, Office of Export Administration. You each shall certify that it shall not, directly or indirectly, export, re-export or transship the Products (as defined below) in such manner as to violate such laws and regulations in effect from time to time. You shall indemnify and hold harmless Company from and against any and all losses, claims and expenses incurred by Company as a result of the breach of your obligations under this Section.
PCNA may, from time to time, send email messages to you containing advertisements, promotions, etc. PCNA makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from PCNA, and you agree that PCNA shall not have any liability with respect thereto.
You agree to indemnify and hold each officer and/or employee of PCNA, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites or Content, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Pennsylvania State and U.S. Federal courts sitting in the County of Allegheny. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Websites must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
In the event that PCNA determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of the Websites, PCNA reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Websites, (iii) delete all content provided by you to the Websites, (iv) discontinue your registration with the Websites; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which PCNA deems to be appropriate. In its sole discretion, PCNA may terminate or suspend your access to the Websites for breach of these Terms of Use or for any reason whatsoever, with or without notice. PCNA shall not be liable for any losses or damages arising from any such termination of service.
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
PCNA may assign its rights and obligations under these Terms of Use and upon such assignment PCNA may be relieved of any further obligation hereunder. You represent to PCNA that you have the authority to register with the Websites according to these Terms of Use.
These Terms of Use and any Additional Terms constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of PCNA, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
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