Agreement between User and NewMarket
Last Updated January 2012
EVERYTHING IN NEWMARKET SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, “MATERIALS”), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON NEWMARKET SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEWMARKET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEWMARKET DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT NEWMARKET SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEWMARKET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN NEWMARKET SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT NEWMARKET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON NEWMARKET SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall NewMarket be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in NEWMARKET Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if NewMarket or a NewMarket authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall NewMarket’s total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing any NEWMARKET Site.
Restrictions on Use
Materials in NEWMARKET Sites, including but not limited to text and graphics, are the property of NewMarket. Users may read Materials in NEWMARKET Sites; however, users may not otherwise use Materials (including but not limited to NewMarket’s names, logos, and trademarks) in any other way without the prior written consent of NewMarket. Unless specifically authorized, such consent does not include the right to use NewMarket’s names, logos, trademarks or other intellectual property.
Unless otherwise specified, Materials in NEWMARKET Sites are presented solely for the purpose of promoting programs, products and services of NewMarket available in the United States and such other countries where permitted by U.S. and local law. Applications and programs from NEWMARKET Sites are subject to U.S. export control laws. No applications or programs from NEWMARKET Sites may be downloaded or otherwise exported or re-exported (i) into (or to a resident or national of) Cuba, Syria, Sudan, Iran or any other country to which the U.S. has embargoed or sanctioned goods; or (ii) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List, the U.S. Bureau of Industry and Security Denied Persons List or any other similarly applicable lists. By using applications, you represent and warrant that you are not located in, under the control of, or a resident or national of any such country or on any such list.
Trade Marks and Service Marks
NewMarket is the owner of the following trade marks and service mark: NewMarket®.
Links to other Sites and References to Services Organizations
References on NEWMARKET Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply NewMarket’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. NewMarket is not responsible for the availability, content or any use of such referenced sites and/or organizations.
NewMarket will endeavor to keep in a secure manner information that you submit to NewMarket or you choose to save and/or store on or via NEWMARKET Sites (Please also see NewMarket’s Privacy Statement). Unless the exchange of confidential information is covered by a separate written secrecy agreement and marked “Confidential” (“Confidential Information”), NewMarket does not wish to receive confidential or proprietary information from users through NEWMARKET Sites. Please note that outside of the European Union, any information other than Confidential Information sent to NewMarket or saved and/or stored on or via NEWMARKET Sites by other than NewMarket entities will be deemed NOT to be confidential, and that users grant NewMarket an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at user’s risk. In addition to the disclaimer paragraph above, please note that NewMarket is not responsible for misappropriation, loss or corruption of any such information by any means.
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA, without giving effect to any principles of conflicts of law. All disputes arising out of this Agreement that cannot be resolved by discussions shall be submitted to the courts of Virginia unless otherwise agreed by the parties. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.