ARC ABRASIVES INC - Terms and Conditions for Site Use

TERMS AND CONDITIONS FOR SITE USE

Posted 11/13/2006

Use of Site. By use of this web site (the “Site”) of Arc Abrasives, Inc.(“Arc Abrasives”), you agree to all of the terms, conditions, and notices contained or referenced in this Site (the “Terms and Conditions”). If you do not agree to these Terms and Conditions, do not use this Site. Arc Abrasives reserves the right to update or revise these Terms and Conditions. The Terms and Conditions are effective from the time they are posted on the Site. Your continued use of this Site following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes.

Copyright. The content of this Site is protected by copyright. You may not copy, distribute, or create derivative works from any part of this Site (including its graphics, pictorial matter, and text) without the prior written consent of Arc Abrasives. You may, however, print portions of this site for references purposes only.

Trademarks. ARC ABRASIVES, INC.® is a registered trademark of ARC ABRASIVES INC. Other names, logos, designs, titles, words, or phrases within this Site, including but not limited to MAXBAK®, ARC BLU®, ARCSTRIP®, PREDATOR™ and BRIGHT BUFF™ are trademarks or tradenames of Arc Abrasives and may not be used without the prior written permission of Arc Abrasives. Arc Abrasives claims no interest in marks owned by other entities not affiliated with Arc Abrasives which may appear on this Site.

No Confidentiality. Should you respond with information, feedback, data, questions, comments, suggestions or the like regarding the content of this Site, the content of any such response shall be deemed not to be confidential and Arc Abrasives shall be free to reproduce, use, disclose, and distribute the response to others without limitation or compensation, including for use in developing, manufacturing, and marketing products and services incorporating any of the ideas, concepts, or techniques referred to in the response, communication, or submission, provided that Arc Abrasives will always comply with its Privacy Policy posted on this Site.

No Endorsement. Arc Abrasives does not endorse, sponsor, or recommend any ideas, products, or services by a third party who has linked to this Site. Any links to third party web sites are not an endorsement, sponsorship, or recommendation of the third parties or the third parties’ ideas, products, or services. Similarly, any references in this Site to third parties and their products or services do not constitute an endorsement, sponsorship, or recommendation.

No Guaranty of International Service or Compliance. This Site was designed for and is operated in the United States. This Site may be viewed internationally and may refer to Arc Abrasives products, services, and programs that are not available in your country or state. These references do not imply that Arc Abrasives intends to provide those products, services, or programs in your country or state. You are responsible for compliance with all laws applicable to the location from which the site is accessed and viewed.

DISCLAIMER OF WARRANTIES. THE MATERIAL IN THIS WEB SITE IS PROVIDED “AS IS,” WITHOUT ANY KIND OF WARRANTY. THE MATERIAL ON THIS WEB SITE IS NOT A WARRANTY AS TO ANY PRODUCT OR SERVICE PROVIDED BY ARC ABRASIVES OR ITS SUBSIDIARIES, AFFILIATES, COMPANIES, OR RELATED ENTITIES. WARRANTIES, IF ANY, ACCOMPANY THE PRODUCT OR SERVICE WHEN PURCHASED BY A CUSTOMER.

LIMITATION OF LIABILITY. ARC ABRASIVES IS NOT LIABLE FOR ANY ERRORS, DELAYS, INACCURACIES, OR OMISSIONS IN THIS SITE OR ANY SITES THAT ARE LINKED TO, OR REFERRED TO BY, THIS SITE. IN NO EVENT WILL ARC ABRASIVES BE LIABLE FOR ANY DAMAGES CAUSED BY OR IN CONNECTION WITH USE OF THIS SITE OR USE OF ANY SITE LINKED TO THIS SITE. UNDER NO CIRCUMSTANCES SHALL ARC ABRASIVES BE LIABLE FOR ANY DAMAGES, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE WHETHER BASED ON ACTIONS IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ARC ABRASIVES HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGE.

Jurisdiction and Venue. You and Arc Abrasives agree that the laws of the State of Ohio will apply to all matters arising from or relating to use of this Site, whether for claims in contract, tort, or otherwise, without regard to conflicts of laws principles. You and Arc Abrasives also agree and hereby submit to the exclusive personal jurisdiction and venue of the Miami County Common Pleas Court in Troy, Ohio and the United States District Court for the Southern District of Ohio with respect to such matters.

Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Arc Abrasives with respect to your use of this Site and supersede all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and Arc Abrasives with respect to this Site. If any provision(s) of these Terms and Conditions are held invalid or unenforceable, those provisions shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect.