The following terms shall apply if you are located or using the Website or Apps in the United States. If you are not located or using the Website or Apps in the United States, then your use of the Website and Apps is subject to the applicable terms at https://lanxess.com/en/Mandatory-Information/General-Conditions-of-Use.
General Conditions of Use
Date Last Updated: May 2, 2024
Access to and use of the website at www.lanxess.com/en-US, and its pages (collectively, the “Website”) and LANXESS mobile applications (“Apps”, and together with the Website, the “Platform”) are subject to the following General Conditions of Use (these “General Conditions of Use”). Please do not access or use the Website, or download, use or install any Apps or any other part of the Platform, unless you agree with these General Conditions of Use. The Platform is owned, operated and administered by the specific organization identified in the Website Imprint (referred to herein as “LANXESS” or “we”). For purposes of these General Conditions of Use, “Content” means data, information, content, documentation, illustrations, diagrams, opinion, proposals, descriptions, statements and other information or materials, whether written, audio, visual or audiovisual. Additional terms and conditions may apply to use of the Platform, when noted in text or a separate link found on the Platform, including, without limitation, LANXESS’s General Terms and Conditions, and LANXESS’s Conditions of Sale.
LANXESS reserves the right to discontinue or to make partial or complete changes to the Platform or any portion thereof, the Content published on or available through the Platform, and/or to these General Conditions of Use, to LANXESS’s General Terms and Conditions, and to LANXESS’s Conditions of Sale. Please note that LANXESS may make such changes at its own discretion, at any time and without prior announcement or notice to you. We must therefore ask you, each time you visit the Website, or download, install or use any App or any other part of the Platform, to review again all of the above-referenced conditions and to note any changes or amendments that may have been made to them, as the latest revised versions will be binding upon you.
BY ACCESSING OR USING THE WEBSITE, OR BY DOWNLOADING, INSTALLING OR USING ANY APP, YOU ACKNOWLEDGE AND AGREE THAT (1) YOU HAVE READ AND UNDERSTOOD THESE GENERAL CONDITIONS OF USE, (2) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND (3) YOU ACCEPT AND INTEND TO BE LEGALLY BOUND BY THESE GENERAL CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THESE GENERAL CONDITIONS OF USE, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE, AND YOU ARE NOT PERMITTED TO DOWNLOAD, INSTALL OR USE ANY APP, AND YOU MUST THEREFORE LEAVE THE WEBSITE AND CEASE USE OF AND UNINSTALL AND DELETE ALL APPS FROM YOUR MOBILE DEVICE.
Surrender of use and benefit
Except for the limited license set forth in the following paragraph, no right, title or interest in or to the Platform (or any part thereof) or any services or Content is transferred to you, and all rights not expressly granted to you in these General Conditions of Use are expressly reserved by LANXESS. Without limiting the foregoing, all details, documents, illustrations and other Content published on or available through the Website, any App or any other part of the Platform are the sole property of LANXESS and its licensors. Any permission to use such Content is expressly conditioned on your compliance with the following restrictions and the other terms of these General Conditions of Use: (i) you will display and not remove or obscure the relevant copyright note on such Content and all copies thereof; (ii) you will only use such Content for your personal, non-commercial purposes, and will ensure that such Content is not exploited commercially; (iii) you will not modify such Content (or any portion thereof) in any way; and (iv) you will ensure that all illustrations, drawings, images, video and other graphics downloaded or otherwise obtained from the Platform are only used in conjunction with the accompanying text from the Platform. Except as LANXESS may, in its sole discretion, expressly consent to in writing, you will not frame or otherwise obscure the source of any Content downloaded or otherwise obtained from the Platform.
Subject to your strict compliance with these General Conditions of Use, you are granted a limited, non-transferable, revocable license to (i) use the end-user accessible portions of the Website and Content published on the Website, and (ii) to install and use the Apps and use the Content contained in or made available through Apps, in each case solely for your own personal, non-commercial purposes, but not for any other purpose. The foregoing license is expressly conditioned on your compliance with all applicable laws, rules and regulations and all agreements or terms with third parties to which you are subject.
Trademarks
The mark “LANXESS” and the LANXESS logo are registered trademarks of LANXESS AG. All product names in upper case letters or marked in some other way on the Platform or any portion thereof are trademarks of LANXESS AG, or its affiliates or subsidiaries in the United States and other countries (“LANXESS PARTIES”), or their respective owners, that may or may not be affiliated with, connected to, or sponsored by the LANXESS PARTIES. Graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of the LANXESS PARTIES or their respective owners. Any unauthorized use or abuse of these trademarks or other Content is expressly prohibited and constitutes a violation of copyright, trademark law and/or other intellectual property rights. For purposes of these General Conditions of Use, unauthorized use shall include, without limitation, use in connection with any product or service that is not related to the LANXESS PARTIES, in any manner that is likely to cause confusion among customers, in any manner that may cause trademark dilution of the mark, or in any manner that disparages or discredits any of the LANXESS PARTIES or the owner of the mark.
Mobile Apps
LANXESS may make available Apps that permit LANXESS Content to be accessed or other functionality to be accessed or used through smart phones or other mobile devices. Without limiting any restrictions set forth elsewhere in these General Conditions of Use, the license granted to you for any App is limited to a non-transferable license to use the App solely on any mobile device that you own or control.
The Apps are licensed, not sold, to you for use only under these General Conditions of Use. You are prohibited from (i) installing or using any App on any mobile device that you do not own or control, and (ii) distributing or making the Apps available over a network, or where any App could be used by multiple devices at the same time. Without limiting any of the other restrictions set forth in these General Conditions of Use, you agree to not rent, lease, lend, sell, redistribute or sublicense the Apps, and you further agree to not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Apps, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source software components included with any Apps). Any attempt to do so is a violation of the rights of LANXESS and its licensors and a material breach of these General Conditions of Use. If you breach this restriction or any other terms or conditions of the license granted to you under these General Conditions of Use, you may be subject to prosecution and damages. These General Conditions of Use will govern any upgrades provided by LANXESS that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license designated by LANXESS, in which case the terms of that separate license will govern. LANXESS does not guarantee that the Apps will be available for, or function in connection with, all smart phones or other mobile devices. The additional Content and services associated with an App may also change at any time in LANXESS’s sole discretion. In order to use such Apps, you must also purchase an appropriate data plan from your wireless carrier, in addition to paying the applicable license fees (if required by LANXESS) and, as applicable, you must comply with the terms imposed by the licensors of third-party components of the App. LANXESS is not responsible for overages or for actions that your wireless carrier may take against you for using data in violation of your wireless carrier’s service terms.
Because the Apps are free to download, install and use, LANXESS does not provide any maintenance or support for the Apps. LANXESS may, from time to time in its sole discretion, develop and provide updates to the Apps, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that LANXESS has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You may receive notice of or be prompted to download and install available Updates. You shall promptly download and install all Updates and acknowledge and agree that the Apps or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Apps and be subject to all terms and conditions of these General Conditions of Use.
Apps may contain open source software and/or other modules or code provided by third parties. The terms of ANNEX A attached hereto (and incorporated herein by this reference) form part of these General Conditions of Use and govern your use of Apps. For Apps that you download from the Apple App Store (the “App Store”) for use with your Apple Inc. (“Apple”) mobile device and from the Google Play Store (“Google”) with your Android mobile device:
- You agree to the App Store Terms of Service and Google Play Store Terms of Service, as applicable, and you will only use the Apps solely as permitted by the applicable Usage Rules set forth in the respective Terms of Service (the “Usage Rules”), which you acknowledge you have had the opportunity to review; provided, however, that if these General Conditions of Use include more restrictive terms than the Usage Rules, then such more restrictive terms will supersede the conflicting terms in the Usage Rules.
- You acknowledge that these General Conditions of Use are concluded between you and LANXESS only, and not with Apple or Google, and that LANXESS, not Apple or Google, is solely responsible for the Apps and the content thereof.
- You acknowledge that neither Apple nor Google have any obligation whatsoever to furnish any maintenance and support services with respect to the Apps.
- In the event of any failure of any App to conform to any applicable warranty, you may notify Apple or Google to refund you the purchase price (if any) for the App and, to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be LANXESS’s sole responsibility (subject to the qualifications, disclaimers and limitations set forth in these General Conditions of Use).
- You acknowledge that (i) in the event of any third-party claim that the Apps or your possession and use of the Apps infringes that third party’s intellectual property rights, LANXESS, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, and (ii) LANXESS, not Apple or Google, is responsible for addressing any of your claims or those of any third party relating to the Apps or your possession and use of the Apps, including (A) product liability claims, (B) any claim that any App fails to conform to any applicable legal or regulatory requirement and (C) claims arising under consumer protection or similar legislation, in each instance, subject to the qualifications, disclaimers and limitations set forth in these General Conditions of Use (which will not be construed in a manner that would limit LANXESS’s liability beyond the extent permitted by applicable law).
- You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You acknowledge and agree that Apple or Google, and their respective subsidiaries, are third-party beneficiaries of these General Conditions of Use, and that, upon your acceptance of these General Conditions of Use, Apple or Google will have the right, and will be deemed to have accepted the right, to enforce these General Conditions of Use against you as a third-party beneficiary thereof.
Limited liability
The manner in which you use and the purpose to which you put or utilize LANXESS products, technical assistance and information (whether verbal, written or by way of production evaluations), including any suggested formulations and recommendations (including those obtained from the Platform), are beyond our control. Therefore, it is imperative that you test our products, technical assistance and information to determine to your own satisfaction whether they are suitable for your intended uses and applications. This application-specific analysis must include, at a minimum, testing to determine suitability from a technical as well as health, safety and environmental standpoint. Such testing has not necessarily been done by LANXESS. Unless LANXESS otherwise agrees in writing, all products are sold strictly pursuant to the terms of LANXESS’s Conditions of Sale. All information and technical assistance is given without warranty or guarantee and is subject to change without notice. The information published on or made available through the Platform is purely for the purpose of presenting LANXESS and its products and services, and no representation is made or warranty given, either expressly or tacitly, for the completeness or correctness of the information published on or made available through the Platform. It is expressly understood and agreed that you, the user, assumes and hereby expressly releases LANXESS and the other LANXESS PARTIES from all liability, regardless of the theory asserted (whether in tort, contract, warranty, indemnity or otherwise), incurred in connection with or arising from the access to or use of the Platform or any LANXESS products, technical assistance, information or other Content. Any statement or recommendation not contained on the Platform is unauthorized and shall not bind LANXESS or any LANXESS PARTY. Nothing herein shall be construed as a recommendation to use any product in conflict with patents covering any material or its use. No license is implied or in fact granted under the claims of any patent. LANXESS endeavors to provide accurate and up-to-date information on the Platform through periodic updates, but does not guarantee that such information or any Content on the Platform is accurate or up-to-date. There may be time lags, errors or delays in periodic updates, which may result, among other things, in inaccuracies, including, without limitation, typographical errors, in the information and other Content and services available on the Platform. ALL SUCH INFORMATION AND OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS”, AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, OR ANY WARRANTY THAT THE ACCESS TO OR USE OF THE PLATFORM DOES NOT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. LANXESS MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES AS TO THE ACCURACY, RELIABILITY, SECURITY, QUALITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THE PLATFORM OR ANY SERVICE OR CONTENT PUBLISHED ON OR MADE AVAILABLE THROUGH THE PLATFORM OR THAT ANY FEATURES OR ITEMS, PRODUCTS OR SERVICES OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THE RESULTS TO BE OBTAINED THROUGH THE USE THEREOF. Some states or other jurisdictions do not allow the exclusion of an implied warranty, so the above disclaimers may not apply to you, and you may have other legal rights that vary by jurisdiction. Where applicable, all implied warranties shall be limited to the period during which the license granted to you under these General Conditions of Use remains in effect and has not been terminated or subject to suspension.
YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND THAT, TO THE FULLEST EXTENT OF THE LAW, IN NO EVENT SHALL LANXESS OR ANY LANXESS PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR PROFIT, EVEN IF SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR LANXESS HAS BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND REGARDLESS WHETHER RECOVERY OF SUCH LOSSES OR DAMAGES IS SOUGHT IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, WARRANTY, INDEMNITY OR ANY OTHER THEORY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS TO OR USE OF THE PLATFORM OR ANY CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS OR USE THE PLATFORM (OR ANY PART THEREOF) OR ANY CONTENT AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF LANXESS OR ANY LANXESS PARTY, EXCEED (A) THE AMOUNT YOU PAID TO LANXESS IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY OR (B) IN THE EVENT YOU HAVE NOT PURCHASED OR PAID TO LANXESS ANY AMOUNTS IN CONNECTION WITH THE PLATFORM, TEN U.S. DOLLARS ($10), REGARDLESS WHETHER RECOVERY OF SUCH AMOUNTS IS SOUGHT IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, WARRANTY, INDEMNITY OR ANY OTHER THEORY. THESE LIMITATIONS OF LIABILITY SHALL APPLY NOTWITHSTANDING ANY FINDING THAT ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. LANXESS reserves the right to amend, remove or supplement the Platform and/or Content available on the Platform, at any time and without prior notice. LANXESS will not be liable for problems arising out of the interaction between the Platform and the local hardware and/or software you use to access the Platform.
Third-Party Websites and Links
The Platform may contain links/references to third-party websites. By providing such links and references, LANXESS does not give its approval to the Contents of such websites, nor does LANXESS accept any responsibility for the availability or the Contents of such websites or any liability for damage or injury resulting from the use of such Contents, of whatever form. Links to third-party websites are provided to users of the Platform merely for the sake of convenience. Users access such third-party websites at their own risk. Third parties are welcome to link to the www.lanxess.com/en-US homepage
Details supplied by you
You are fully responsible for the content and correctness of the details and other Content that you transmit to or input into the Platform or to LANXESS or any LANXESS PARTY as well as for the non-violation of any third-party rights that may be involved in or implicated by such details and other Content. By accessing or using the Platform, or by transmitting to or inputting into the Platform any details or other Content or transmitting any details or other Content to LANXESS or any LANXESS PARTY, you shall be deemed to have irrevocably given your consent for LANXESS and the other LANXESS PARTIES to store such details and other Content and to use such details and other Content for the purpose of statistical analysis or for any other purpose determined by LANXESS and outlined in LANXESS’ Privacy Statement, unless the information involves personal information, going beyond master data or usage data. EXCEPT FOR SUCH PERSONAL INFORMATION, ALL INFORMATION AND OTHER CONTENT YOU TRANSMIT TO OR INPUT INTO THE PLATFORM OR TO LANXESS OR ANY OTHER LANXESS PARTY, INCLUDING, WITHOUT LIMITATION, ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE, IS AND WILL BE TREATED AS BEING NON-CONFIDENTIAL AND NON-PROPRIETARY. In particular, LANXESS and the other LANXESS PARTIES are and shall be entitled to use, modify and disclose such Content without restriction, including, without limitation, all ideas, inventions, blueprints, techniques, expertise, comments, feedback, suggestions and improvements contained therein, for any purpose whatsoever, such as, without limitation, the development, production and/or marketing of products or services, and to reproduce, modify, distribute and display such Content, and make it available to third parties, and to authorize others to do such things, without any limitations, without any obligation to compensate you or any third party, and without incurring any obligation whatsoever to you, and by transmitting such Content you waive, irrevocably and without consideration, all your rights therein or thereto. For the avoidance of doubt, you will have no rights whatsoever to any product or service that results from use of any Content transmitted by you.
International users
The Website is updated by LANXESS from the United States, hosted in the Netherlands in the West Europe Data Center of Azure and operated by LANXESS from the United States and headquartered in Germany (Imprint LANXESS Germany). The Website and the Content presented on the Website are intended for users within the United States. Without limiting LANXESS’s other disclaimers in these General Conditions of Use, LANXESS expressly disclaims any representation, warranty or guarantee that the Content presented on the Website will be accurate for users outside the United States or that products and services shown or described on the Website will be available it the same appearance, in the same sizes, or on the same conditions outside of the United States. We recommend using a website operated by LANXESS in the country from which you are accessing the Website, if available. It is your responsibility to ensure that you act in compliance with applicable law in the jurisdiction from which you access the Platform or download Contents from the Platform.
Access rights
Please note that you are obliged to protect your access to this website and the Content from unauthorized third-party use and that you must ensure that such access cannot be used by others without your authorization.
You must notify LANXESS immediately if you learn that security has been violated in respect of any details available on this website or if unauthorized persons have obtained access to this website or if you have found indications that such access might become possible.
Cookies
Please note that you are obliged to protect your access to the Platform and the Content from unauthorized third-party use and that you must ensure that such access cannot be used by others without your authorization.
You must notify LANXESS immediately if you learn that security has been violated in respect of any details available on the Platform or if unauthorized persons have obtained access to the Platform or if you have found indications that such access might become possible.
Applicable law
You agree with LANXESS that these General Conditions of Use shall be considered a contract governed by the law of the State of Delaware, without regards for conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods. Any disputes regarding these General Conditions of Use shall be heard by the state and federal courts located in Delaware, and each party consents to the exclusive jurisdiction of such courts. The Content found on the Platform is controlled and published on the Platform by LANXESS from its offices in the United States of America, in the locale as noted in the Imprint to the Website.
Forward-Looking Statements
The Platform may contain forward-looking statements. These statements use words like “believes,” “assumes,” “expects” or similar formulations. Various known and unknown risks, uncertainties and other factors could lead to material differences between the actual future results, financial situation, development or performance of LANXESS and those either expressed or implied by these statements. These factors include, among other things:
- downturns in the business cycle of the industries in which LANXESS competes;
- new regulations, or changes to existing regulations, that increase operating costs or otherwise reduce profitability;
- increases in the prices of raw materials, especially if LANXESS is unable to pass these costs along to customers;
- loss or reduction of patent protection for LANXESS products;
- liabilities, especially those incurred as a result of environmental laws or product liability litigation;
- fluctuation in international currency exchange rates as well as changes in the general economic climate; and
- other factors identified in this website.
These factors include those discussed in public reports filed by LANXESS AG with the Frankfurt Stock Exchange and with the U.S. Securities and Exchange Commission (including LANXESS AG’s Form 20-F).
In view of these uncertainties, LANXESS cautions readers not to place undue reliance on these forward-looking statements. LANXESS assumes no liability whatsoever to update these forward-looking statements or to conform them to future events or developments.
Security
Where indicated, LANXESS uses the Secure Socket Layer protocol (SSL protocol for short) to help ensure the secure transmission of a customer's details to the server by encrypting customers’ details transmitted on the Internet.
Notes on collecting personal data
Any personal details sent to LANXESS in conjunction with any requests for quotes, samples, information material or products are held by LANXESS pursuant to its Privacy Statement.
Conclusion of an Agreement
LANXESS’s General Terms and Conditions as well as LANXESS’s Conditions of Sale apply to all agreements concluded with LANXESS unless otherwise accepted and agreed to in writing by LANXESS. Such terms and conditions are applicable even if a contractual party refers to its own terms and conditions in its order and shall supersede in its entirety the contractual party’s own terms and conditions. By sending LANXESS an order you simultaneously also consent to all terms and conditions of LANXESS specified on the Platform and in any invoice, acknowledgement, confirmation or other transaction documents furnished by LANXESS in connection with such order.
Commercial Websites Requiring User Names and Passwords
By requesting access to the Website, or portions of the Website that require registration and the use of user names and passwords, or seeking to create a user account through any App, you warrant and represent to LANXESS that you personally: (i) are 18 years of age or older; (ii) are using your actual identity and are providing to LANXESS accurate and complete information; (iii) if applicable, are authorized by your company to access the Platform (or the portions thereof that require registration); and (iv) will not violate any local, state, national, or international laws or regulations by registering with and using the Platform.
You shall not, directly or indirectly, reveal or otherwise share with anyone user names or passwords other than for sharing with the original individual to whom the relevant user name and password were issued. You acknowledge and agree that anyone with knowledge of your user name and password can gain access to your information on the Platform. Therefore, you agree to keep secret and confidential all such information. You are solely responsible for the confidentiality, security and use of your user name and password, as well as for any communications made to LANXESS thereunder, in each case whether or not your user name and password was used by you or a third party. LANXESS will be entitled to assume that any person accessing or using the Platform with your user name and password is you. You should not configure your operating system to “remember” and automatically provide user names or passwords when accessing the Platform. You agree to properly log off and terminate each session at the Website to help prevent unauthorized access.
You agree to immediately notify LANXESS at the e-mail address or phone number noted in the Imprint to the Website if you become aware of any loss or theft of your user name or password or any unauthorized use of same. LANXESS reserves the right in its sole discretion, without notice and at any time, for any reason or no reason, to suspend, revoke and/or terminate any user name/password or require you to change either your user name or password, whether for Platform security or for other purposes.
Other Beneficiaries
The Platform is being sponsored by LANXESS for the benefit of authorized users. Any rights and obligations arising from use of the Platform shall be solely between LANXESS and you or the company you represent. The rights and protections afforded to LANXESS hereunder, however, shall also inure to the benefit of LANXESS A.G., LANXESS Corporation and the other LANXESS PARTIES.
Rules of Access and Prohibited Uses
You agree to access, browse and use the Platform only for lawful purposes and in accordance with these General Conditions of Use, and not in any way that may violate any applicable federal, state, local or international law or regulation. You also agree not to do, directly or indirectly, any of the following:
- Use the Platform in any manner that may disable, overburden, damage or impair the Platform (or any part thereof) or interfere with any other person or entity’s use of the Platform.
- Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including, but not limited to, monitoring or copying any of the Content on or available through the Platform.
- Use any device, software or routine that interferes, or otherwise attempt to interfere, with the proper working of the Platform.
- Introduce, or allow the introduction of, any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which any part of the Platform is stored, or any server, computer or database connected to the Platform.
- Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to bypass methods LANXESS may use to prevent or restrict access to the Platform.
- Use the Platform for any purpose competitive to LANXESS, or for the purpose of disparaging LANXESS or the Platform.
- Scrape or copy profiles and information of other users of the Platform through any means (including, but not limited to, crawlers, browser plugins and add-ons, and any other technology or manual work) for any purpose whatsoever.
- Market, sell, transfer or otherwise make available to any other person or entity any data or other content collected from, or derived from data or other content collected from, the Platform, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.
Indemnification
You agree to, at your sole cost and expense, indemnify, defend and hold harmless LANXESS and the other LANXESS PARTIES, and its and their respective officers, directors, employees, agents and representatives (each, an “Indemnified Party”) from and against all claims, actions, suit, allegations or other proceeding (each, a “Claim”), and all losses, liability, damages, penalties, fines, costs and expenses, including, without limitation, attorneys’ fees and expenses (collectively, “Losses”), incurred by an Indemnified Party arising out of, relating to or resulting from the Platform, including, without limitation, your use of, or inability to use, the Platform (or any part thereof), or any Content published on or made available through the Platform, the failure to safeguard your passwords or other account information, any violation of these General Conditions of Use, LANXESS’s Privacy Statement, or any other policy or terms referenced in these General Conditions of Use, or the violation of any laws or regulations or the intellectual property rights or any other rights of any third party. LANXESS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with LANXESS in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these General Conditions of Use or your access to, or use of, the Platform.
Termination
LANXESS may, at our sole discretion and without notice or having liability to you, suspend or terminate your access to and use of the Platform (or any portion thereof) and the Content on the Platform (including, but not limited to, any account you may have on the Platform) at any time and for any reason, including but not limited to, for any violation whatsoever of these General Conditions of Use. In addition, we reserve the right to take legal action as LANXESS deems appropriate to enforce our rights and the these terms, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to access or use the Platform or any Contents is suspended or terminated, these General Conditions of Use will remain enforceable against you. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of your account or the termination of your right to use the Platform or such Content.
Miscellaneous
These General Conditions of Use constitute the entire agreement and understanding between you and LANXESS with respect to the Platform and the Content. The failure of LANXESS to exercise or enforce any right or provision of these General Conditions of Use shall not operate as a waiver of such right or provision. These General Conditions of Use operate to the fullest extent permissible by law. You will not assign any of your rights or obligations under these General Conditions of Use, and any such attempt will be void and of no effect, ab initio. LANXESS may, without notice to you and without obtaining your consent, assign to any person or entity any or all of LANXESS rights and obligations under these General Conditions of Use. If any provision of these General Conditions of Use is found by a court of competent jurisdiction to be invalid or unenforceable, you nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and the other provisions of these General Conditions of Use remain in full force and effect. It is expressly agreed that you and we are independent contractors and nothing herein shall be construed as creating a partnership, joint venture or agency. The section titles in these General Conditions of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via posting on the Website or App, or email (as applicable, at the email address you provided when you registered for your LANXESS account) or regular mail using the information you provided. Under no circumstances shall LANXESS be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control. You agree that you will not export or re-export, directly or indirectly, the Content, to any country for which the United States or any other relevant jurisdiction required any export license or other governmental approval at the time of export without first obtaining such license or approval.
Contact Us
Any questions regarding these General Conditions of Use should be directed to the email address or mailing address specified in the Imprint to this website.