Terms and Conditions of Use
This website, located at https://www.aspenrefrigerants.com/ (the “Site”), is provided by ASPEN Refrigerants, Inc., individually and on behalf of its subsidiaries and affiliates (“Company,” “we,” “our,” or “us”), to the person accessing the Site (“you,” or “your”).
1. You agree to these terms by using the Site
Your access to, and use of, the Site is subject to the following Terms and Conditions of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms and Conditions of Use. Company may, at any time and without notice to you, modify these Terms and Conditions of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms and Conditions of Use.
We reserve the right to modify any programs, policies, information, products and services contained on the Site at any time and without notice to you. Visitors who use information contained on the Site or make decisions based on such information do so at their own risk. These Terms and Conditions of Use may not be modified, supplemented, or qualified except in writing signed by you and Company. The failure by Company to enforce at any time any of the provisions in these Terms and Conditions of Use will in no way be construed as a waiver of such provisions.
If you do not agree and accept, without limitation or qualification, these Terms and Conditions of Use, you must exit the Site immediately. Your use of this site constitutes your agreement and acceptance of these Terms and Conditions of Use.
2. Access and use of information
You may use the Site, and any information contained on the Site, solely for legitimate business purposes. Any access or attempt to access other areas of Company’s computer systems or other information contained on its systems for any purpose is strictly prohibited. You represent, warrant and covenant that you are the individual who you represent yourself to be in using the Site and in any related transactions.
The Site may, from time to time offer interactive features that allow users to submit content to the Site. Company does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. The Company expressly reserves the right to block or remove communications or materials that it determines to be unacceptable to Company in its sole discretion.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Company employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or which is otherwise objectionable because it may constitute or encourage a criminal offense, violate the rights of any party, give rise to liability or violate any law.
All remarks, suggestions, ideas, graphics or other information communicated to Company through the Site will forever be the property of Company. Company shall have exclusive ownership of all present and future existing rights to the information, without compensation to the person sending the information.
You shall not: (a) use the Site in a manner that is inconsistent with these Terms and Conditions of Use; (b) modify, edit, copy, reproduce, frame, create derivative works of, reverse engineer, alter, enhance, scrape or in any way exploit the Site in any manner; (c) use the Site as a service bureau; (d) rent, lease, loan, sell, license, publish, republish, display, post, transmit, resell for profit, or distribute the Site or any part of the Site in any form by any means (in whole or in part); (e) remove or alter any proprietary notice or legend regarding our proprietary rights in the Site; (f) use or access the Site in violation of export laws and regulations of the United States of America; (g) transmit any worms or viruses or any code of a destructive nature on or through the Site or introduce software or automated agents to the Site, generate automated messages, or strip or mine data from the Site; (h) use the Site or any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; (i) access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; (j) attempt to probe, scan or test the vulnerability of any our system or network or breach any security or authentication measures; (k) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site or content; (l) attempt to access, copy, monitor or search the Site or content or download content from the Site through the use of any engine, software, tool, program, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers; (m) use any meta tags or other hidden text or metadata utilizing a trademark, logo URL or product name of ours without our express written consent; (n) use the Site or content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms and Conditions of Use; (o) forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site or content to send altered, deceptive or false source-identifying information; (p) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or content; (q) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; (r) collect or store any personally identifiable information from the Site from other users of the Site without their express permission; (s) use the Site in any way that: (i) violates any applicable law or regulation; (ii) accesses or copies any data or information of other users; (iii) interferes with or disrupts the integrity or performance of the Site or the information contained therein; (iv) abuses, intimidates, harasses, threatens or interferes with another user’s use of the Site; (v) interferes with, disrupts or creates an undue burden on the Site or the networks or services connected to the Site or (vi) is otherwise not permitted by these Terms and Conditions of Use; or (t) encourage or enable any other individual to do any of the foregoing (a) through (s).
You agree that you will not attempt to interrupt the operation of our Site in any way. You will not impersonate any person or entity, or misrepresent your affiliation with a person or entity, or misrepresent the origin of any information that you provide to us. You agree to comply with all applicable laws and regulations in your use of the Site. Possible evidence of use of this Site for illegal purposes may be provided to law enforcement authorities.
5. Notice: electronic communications
When you visit the Site or send e-mails to Company, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
7. Typographical errors
In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, Company reserves the right to refuse or cancel any orders placed for the product or service listed incorrectly, whether or not the order has been confirmed and whether or not you have been charged for such product or service. If your credit card has already been charged for the purchase and your order is cancelled, Company shall issue you a credit (to your credit card account or otherwise) in the amount of the incorrect price.
8. Prospective statements
Any forward-looking statements contained in or on the Site including, without limitation, those concerning projected costs, profit, demand for gases, net income after taxes and earnings per share, involve risks and uncertainties, and are subject to change based on various factors, including, without limitation, the impact of changes in economies, achievement of cost reductions and efficiencies, changes in currencies, changes in interest rates, the continued development and acceptance of new products and processes, the impact of competitive products and pricing, future mergers and acquisitions (including any related charges, transactions costs and operational risks), risks associated with foreign operations, litigation, the impact of tax and other legislation and regulation in the jurisdictions in which Company operates, and other risk factors listed from time to time in Company’s SEC reports.
9. Disclaimer of warranties
THE SITE, INCLUDING ITS CONTENT AND MATERIALS, IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND WITH RESPECT TO ITS CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT OPERATION OF THE SITE WILL BE UNINTERRUPTED OR FREE FROM ERRORS, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY AS TO THE SECURITY, RELIABILITY, AVAILABILITY, ACCURACY, QUALITY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS, OR SUITABILITY OF THE SITE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting or arising from: (i) any violation of these Terms and Conditions of Use or any activity (including negligent or wrongful conduct) related to you using your account or any other person accessing the Site using your account, (ii) your use or misuse of any material or information posted, provided, transmitted, or otherwise made available by you or by us, or (iii) your access or use of the Site.
11. Limitations of liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PERSONAL INJURY, WRONGFUL DEATH, LOSS OF GOODWILL, LOSS OF USE, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF REVENUE, INTERRUPTION OF SERVICE, OR LOSS OF DATA OR ANY OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
12. Third-party links
Company may link to sites operated by third parties for the convenience of, and to enhance value to our visitors. You understand, acknowledge and agree that, even if the third party is affiliated with Company, Company has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Company, and further that Company does not endorse the content, or any products or services available, on such sites. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, you assume all risks associated with the use of such sites, and Company specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
The Site contains many Company and third-party trademarks and service marks. Each mark is the property of the company that owns it and may not be used without the consent of such company. All rights in the intellectual property contained in the Site including copyright, trademarks, trade secret and patent rights are hereby reserved by Company. Access to the Site does not constitute a right to copy or use any intellectual property of Company or its suppliers. Statutory notices contained on the Site represent trademark status in the United States.
Copyright © 2017, ASPEN Refrigerants, Inc. ALL RIGHTS RESERVED.
All content contained on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its suppliers and protected by United States and international copyright laws. Company hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring Company services or products. You agree that any copy made must include Company’s copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained herein. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
15. Export control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders.
Company does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
16. Law and jurisdiction
These Terms and Conditions of Use and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. You and Company consent to exclusive jurisdiction and venue in the state and federal courts of the State of New York for any and all disputes arising out of, relating to or concerning these Terms and Conditions of Use and/or the Site or in which these Terms and Conditions of Use and/or the Site are a material fact.
If any provision of these Terms and Conditions of Use shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other legal provisions hereof which together shall then be construed as if such illegal and unenforceable provision or provisions had not been inserted herein, unless such illegality or unenforceability shall destroy the underlying business purpose of these Terms and Conditions of Use.
We may assign these Terms and Conditions of Use at any time, including, without limitation, to any parent, subsidiary, or any affiliated entity, or as part of the sale to, merger with, or other transfer of our association to another entity. You may not assign, transfer or sublicense these Terms and Conditions of Use to anyone else and any attempt to do so in violation of this Section shall be null and void.
19. Entire Agreement