LEGAL NOTICE AND DISCLAIMER
This DIAMOND PLASTICS CORPORATION Web site is offered to
you, the user ("User"), conditioned on acceptance of the terms,
conditions, and notices contained herein and without modification.
DIAMOND PLASTICS CORPORATION may modify the content or format of
this website or discontinue the operation of this website in its
sole discretion and without advance notice. Your access and use of
this site constitutes acceptance of all of these terms and
conditions.
Website Use. The User agrees to use this website as permitted by
applicable local, state, and federal laws. Additionally, the User
agrees not to: 1) knowingly and without authorization, alter,
damage, or destroy DIAMOND PLASTICS CORPORATION'S or another user's
computer system, network, software, website, program, documentation
or data contained therein; 2) use this website to conduct or attempt
to conduct any business or activity or solicit the performance of
any activity that is prohibited by law.
Monitoring of Use. By using this website, the User expressly consents to
administrative monitoring at all times. The User is further advised
that system administrators may provide evidence of possible criminal
activity identified during such monitoring to appropriate law
enforcement officials.
Disclaimer. Every effort has been made by DIAMOND PLASTICS CORPORATION to
offer the most current, correct, and clearly expressed information
possible. Nevertheless, it is possible that errors in information
posted may occur. In particular but without limitation to any
portion of this Agreement, DIAMOND PLASTICS CORPORATION disclaims
any responsibility for inadvertent errors and the accuracy of any
product specifications, pricing, data, or other information that may
be contained on DIAMOND PLASTICS CORPORATION web pages found on this
website. The product specifications, pricing, data and information
included on this website by DIAMOND PLASTICS CORPORATION is also
subject to change without notice to the User. Any product
specifications, pricing, data or other information included on this
website should not be used or relied on without independent
professional examination and verification of its accuracy,
suitability and applicability to your specific project. Anyone using
the product specifications, pricing, data or other information
contained on this website assumes any and all liability resulting
from such use. At all times, User should contact a representative of
DIAMOND PLASTICS CORPORATION to be certain that the details are
current. Nothing on this website should be construed as an express
warranty or an implied warranty of merchantability or fitness for a
particular purpose. DIAMOND PLASTICS CORPORATION makes no warranties
or representations of any kind regarding the quality, content,
completeness, suitability, accuracy, adequacy, or timeliness of the
content found on this website.
Links to Third Parties' Web Sites. DIAMOND PLASTICS CORPORATION web pages
may currently or in the future include links to websites that are
controlled or operated by third parties. Any sites linked from the
DIAMOND PLASTICS CORPORATION website are not under DIAMOND PLASTICS
CORPORATION'S control. DIAMOND PLASTICS CORPORATION assumes no
responsibility or liability for any information, communications or
materials at such sites, or at any link contained in a linked site.
DIAMOND PLASTICS CORPORATION does not intend any third party links
to be considered as referrals or endorsements of the linked entities
or any products and/or services marketed by such third parties and
the links are provided for convenience only.
Software Program Downloads. If the User downloads any software program
from this website User does so at its own risk. DIAMOND PLASTICS
CORPORATION shall not be liable for any virus, damages, loss of
data, loss of files, loss or damage to software, loss of computer
functionality, or any other effect upon User attributable to the
download of any program linked to this website. DIAMOND PLASTICS
CORPORATION HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE WITH RESPECT TO
ANY SUCH SOFTWARE PROGRAM.
Intellectual Property. The User acknowledges that this website contains
intellectual property that is protected by state and/or federal
trademark, trade secret and/or copyright laws. The User agrees not
to use, reproduce, distribute copies, or create derivative works of
any portion of this website including the content therein, or engage
in any other action that may violate the intellectual property
rights of DIAMOND PLASTICS CORPORATION.
Assumption of Risk. By using web pages found on this website for any
purpose, the User assumes all risks associated with the use of this
site and its individual pages. This risk includes but is not limited
to any risk to the User's computer, software or data being damaged
by any virus, software, or other file that might be transmitted or
activated via a DIAMOND PLASTICS CORPORATION web page or the User's
access to it. DIAMOND PLASTICS CORPORATION shall in no circumstance
be liable for any direct, indirect, special, incidental,
consequential, or punitive damages, including but not limited to
lost profits or lost revenues, arising out of or in any way
connected to the use or misuse of this website, or from any
information, lack of information, documents, software, services, or
other material obtained through any DIAMOND PLASTICS CORPORATION web
pages. The User also assumes any and all risk arising out of the use
of this website, whether based on contract, tort, strict liability,
or otherwise, even in the event that DIAMOND PLASTICS CORPORATION
and/or any of its employees, affiliates, or agents have been advised
of the possibility of damages of any sort. DIAMOND PLASTICS
CORPORATION shall not be liable for any loss or injury caused in
whole or in part by its actions, omissions, or contingencies beyond
its control, including in procuring, compiling, procuring,
displaying, or delivering the information, or arising out of any
errors, omissions, or inaccuracies in the information regardless of
how caused, or arising out of any User's decision, or action taken
or not taken in reliance upon the information or lack of information
furnished.
Forbidden Uses. UNDER NO CIRCUMSTANCE SHALL THE USER (1) TAKE ACTION THAT
RESULTS IN BLOCKING ACCESS TO THIS WEBSITE BY OTHER USERS OR DIAMOND
PLASTICS CORPORATION OR (2) ACCESS OR ATTEMPT TO ACCESS DIAMOND
PLASTICS CORPORATION'S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY
PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD
OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW.
In the event of any abuse of the website or any unauthorized or
forbidden use by the User, DIAMOND PLASTICS CORPORATION, at its own
discretion, reserves the right to terminate the User's use of this
website or forbid the User from accessing this website in the
future.
Use of Interactive Media. To the extent that this site contains or may
contain electronic mail links, bulletin boards, discussion forums,
chat rooms, or other message or communication facilities involving
DIAMOND PLASTICS CORPORATION and/or other users, the User agrees to
use such forums in their intended manner. Under no circumstances
shall the User violate any law by using such forums for purposes
including, but not limited to, defaming or harassing others,
violating intellectual property rights of DIAMOND PLASTICS
CORPORATION or a third party, posting or sending obscene or
offensive material, or introducing viruses, corrupted files or other
programs which could damage or alter this website or the computers
of DIAMOND PLASTICS CORPORATION or a third party. The User
acknowledges that any material posted by parties other than DIAMOND
PLASTICS CORPORATION or its affiliates are not endorsed by DIAMOND
PLASTICS CORPORATION, and such communications shall not be
considered reviewed or approved by DIAMOND PLASTICS CORPORATION.
Indemnification. The User agrees to indemnify DIAMOND PLASTICS
CORPORATION, its officers, agents, employees, and other personnel
under its control against any and all liability, expenses, attorney
fees, and damages arising out of or relating to any improper use of
this website, including any claims alleging facts that if true would
constitute a breach by the User of these terms and conditions.
No Imputed Relationship. The User acknowledges that, by the use of this
website, no relationship of any kind, including but not limited to
partnerships, joint ventures, employment, contractual, or agency
relationship, exists between the User and DIAMOND PLASTICS
CORPORATION or any of its affiliates or employees.
Jurisdiction. The laws of the State of Nebraska and the United States of
America shall govern the effect of this Agreement. The User consents
to the exclusive jurisdiction and venue of courts located in the
State of Nebraska in all disputes arising out of or relating to the
use of this website. The User irrevocably waives any objection that
it may have at any time to the venue of any suit, action or
proceeding out of or relating to this Agreement brought in any such
court and irrevocably waives any claim that such suit, action or
proceeding is brought in an inconvenient forum and further
irrevocably waives the right to object, with respect to such claim,
suit, action or proceeding brought in any such court, that such
court does not have jurisdiction over the User.
Legal Construction. If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law, this Agreement
shall be construed as though such unenforceable provision were not a
part hereof.