1.1 This Website is operated by Essentra Plastics LLC ("We", "Us" and "Our", as appropriate in the context) on behalf of Essentra Plc (a public company registered in England (UK) under company number 05444653). Essentra Plastics LLC is registered in the US under company number 2061707 and our registered office is at 3123 Station Road, Erie PA 16510.
2. Content Rights
2.1 The copyright, trademarks, trade names and all other rights in the material on this Website (including our product catalog) are owned by Us or are included with the permission of the owner of those rights. We reserve all such rights owned by Us.
2.2 If you acquire any rights in or to the Website, you hereby assign those rights, on a worldwide basis, to Us and unconditionally and irrevocably waive all moral rights you may have acquired in the Website.
2.3 You may download, save and print extracts from the Website for your personal reference only. You must not republish, retransmit, redistribute, modify, publish, reverse engineer or create derivative works from all or any part of the materials on the Website, or use the Website for commercial purposes without Our prior written consent.
2.4 You are not permitted to use the information or other material on this Website (including CAD files) other than for its intended purpose of providing background and general information about Us and Our products.
3. Conditions of Use
3.1 You may use the Website for lawful purposes only. You must not use the Website in any way that breaches any applicable local, national or international law or regulation, or which is in any way unlawful or fraudulent.
3.2 You must not misuse the Website by knowingly introducing viruses, or other damaging content which is malicious or technologically harmful. You must not attempt to gain unauthorized access to Our Website, the server on which Our Website is stored or any server computer or database connected to Our Website.
3.3 You may not include a link to Our Website or display the contents of Our Website framed or otherwise surrounded by material not originating from Us without Our express prior written consent.
4. Information, Availability and Use
4.1 All material on this Website is provided for information purposes only and you are advised to verify the accuracy of any information before relying on it. We do not, do not intend to, and specifically disclaim any duty to, update or correct any of the information on this Website and you should not deem such information correct or current except as of the date of issue.
4.2 Without prejudice to the quality of the foregoing, any CAD files or other product specific imagery and information (including technical drawings, product measurements and specifications) which you are able to access via the Website is provided by us purely for indicative, guidance-only purposes. We strongly advise against your use of any such materials as part of any design process which you might undertake. We remind you that we typically make product samples available should you require an accurate understanding of the nature and dimensions of a particular product.
4.3 If you have accessed the Website via a link on another website, please note that we are not in any way responsible for any content on that website which relates to our products (e.g. CAD files). With respect to any such content please note the advice and reminder set out in the preceding paragraph.
4.4 On this Website you may be offered automatic links to other websites. We do not endorse or accept any responsibility for any content on any website linked from this Website and you should read the terms and conditions of any site you link to before proceeding with use of that site.
4.5 WE MAY ALTER, SUSPEND OR DISCONTINUE THE WEBSITE WITHOUT NOTICE. ERRORS, INTERRUPTIONS AND DELAYS MAY OCCUR IN THE SERVICE AT ANY TIME. WE DO NOT ACCEPT ANY LIABILITY ARISING FROM ANY INACCURACY OR OMISSION IN THE INFORMATION, INTERRUPTION IN AVAILABILITY, OR DAMAGE TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL FROM THIS WEBSITE. IN NO EVENT WILL WE HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS, LOSS OF PROFITS OR REVENUE, OR ANY SPECIAL DAMAGES OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE.
4.6 We cannot guarantee that the Website is free of computer viruses, worms, trojan horses or other damaging content or that your use of the Website will not cause damage to your computer. You should ensure that you have suitable equipment and security and virus protection in place before using the Website.
4.7 Access to this Website and the information thereon do not constitute an offer or an invitation to underwrite, subscribe for, or otherwise acquire or dispose of any shares or other securities in Us or of Our any group companies. Past performance is no guide to future performance and persons considering these matters should consult an independent financial advisor or other appropriate sources of advice.
5. Purchasing Goods or Services
5.1 If you purchase goods from our Website, our Website Conditions of Sale ("Terms of Sale") will apply to the sale.
5.2 If you purchase goods or services from any of the sites that you have reached by following a link from this Website, you should read all terms and conditions that appear on that site before making your purchase.
5.3 There may be restrictions or prohibitions applicable in certain jurisdictions on the purchase, resale or distribution of Our goods or services. It is not practicable to check the laws of all the jurisdictions in which Our customers are based and We accept no responsibility for any losses or liabilities suffered by Our customers (or their customers) in respect of their purchase, receipt or use of Our goods and services. You are advised to check the applicable laws in your jurisdiction.
7. Liability Limitations
7.2 WE WILL NOT BE LIABLE FOR: (1) ANY LOSS OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, OUR WEBSITE OR USE OF OR RELIANCE ON ANY CONTENT (INCLUDING CAD FILES) DISPLAYED ON OUR WEBSITE; (2) ANY ECONOMIC LOSS OR DAMAGE (INCLUDING LOSS OF PROFIT, REVENUE, BUSINESS, CONTRACT, GOODWILL, OR OTHER FINANCIAL LOSS); (3) ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE HOWEVER CAUSED ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE; (4) ANY LOSS OR DAMAGE CAUSED BY THE ACTIVITIES OF THIRD PARTIES WHOSE WEBSITES MAY BE ACCESSED VIA A LINK FROM OUR WEBSITE; OR (5) ANY LOSS OR DAMAGE CAUSED BY A VIRUS, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT ON IT, OR ON ANY WEBSITE LINKED TO IT.
7.4 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8.3 We may assign, transfer or sub-contract any of Our rights or obligations under these terms to any third party. You may only assign or sub-contract any of your rights or obligations under the terms to a third party with Our written consent.
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8.1 The Buyer guarantees and declares that neither he, nor anyone from his Group, nor any director, manager or worker of anyone from his Group: 18.1.1 is a restricted Party or participates or has not participated in any operation or action that could lead to became a restricted Party; 18.1.2 has participated or participates, directly or indirectly, in any business, company or other activity with, for the benefit of or on behalf of any restricted Party; 18.1.3 has violated or violates any applicable law, rule, regulation or code regarding Export Controls or Sanctions.
18.2 The Buyer acknowledges that some of the Products, their components and technologies may be subject to Export Controls and Sanctions. The Buyer shall: 18.2.1 comply with the Export Controls and Sanctions applicable to both the Seller and the Buyer; 18.2.2 refrain from exporting to, re-exporting to, transferring to or trading with, directly or indirectly, any Restricted Party or any person or entity incorporated or located in a country subject to Sanctions; 18.2.3 obtain on its own account any license, permit, notification or authorization that is necessary to sell, export, re-export, transfer or import the Products, their components and technologies; 18.2.4 guarantee that the end use of the Products does not violate any Export Control or sanction, including controls on weapons of mass destruction and military end use.