General Conditions of Use

Access to and use of this website are subject to the following General Conditions of Use. Please do not access or use this website unless you agree with these General Conditions of Use. This website 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.  LANXESS reserves the right to discontinue or to make partial or complete changes to this website, the Content available through this website, 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 this website, to view again all of the above-referenced conditions and to note any changes or amendments that may have been made, as revised versions will be binding upon you.  Additional terms and conditions may apply to use of this website, when noted in text or a separate link found on this website.

Surrender of use and benefit

Surrender of Use and Benefit
Except for the limited license set forth in the following paragraph, no right, title or interest in or to this website 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 this website are the sole property of LANXESS and its licensors. Any permission to use such Content is granted on the proviso that the relevant copyright note is displayed on all copies, that such Content is only used for personal purposes, that such Content is not exploited commercially, that such Content is not modified in any way and that all illustrations downloaded or otherwise obtained from this website are only used in conjunction with the accompanying text from this website. Except as may be expressly permitted by LANXESS in writing, you may not frame or otherwise obscure the source of any Content obtained from this website.

Subject to your strict compliance with these General Conditions of Use, you are granted a limited, non-transferable, revocable license to use the end-user accessible portions of this website and Content 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 this website 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. 

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, 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 on this website 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 on this website. It is expressly understood and agreed that 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 this website or any LANXESS products, technical assistance,  information or other Content. Any statement or recommendation not contained in this website or the pages thereof 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 this website through periodic updates, but does not guarantee that such information or any Content on this website 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 this website. 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 USE OF THIS WEBSITE DOES NOT INFRINGE ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. LANXESS MAKES NO REPRESENTATIIONS, WARRANTIES OR GUARANTEES AS TO THE ACCURACY, RELIABILITY, SECURITY, QUALITY, AVAILABILITY, COMPLETENESS OR TIMELINESS OF THIS WEBSITE OR ANY SERVICE OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE OR THAT ANY FEATURES OR ITEMS, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, OR THE RESULTS TO BE OBTAINED THROUGH THE USE THEREOF.  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 THIS WEBSITE OR ANY CONTENT OR WITH THE DELAY OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY CONTENT AND SERVICES. 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 this website and/or Content available on this website, at any time and without prior notice. LANXESS will not be liable for problems arising out of the interaction between this website and the local hardware and/or software you use to access this website. 

Third-Party Websites and Links

This website 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 website users 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 this website or to LANXESS or any LANXESS PARTY as well as for the non-violation of any third-party rights that may be involved in such details and other Content. By accessing or using this website, or by transmitting any details or other Content to this website or 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[, unless the information involves personal details, going beyond master data or usage data]. EXCEPT FOR SUCH PERSONAL DETAILS, ALL INFORMATION AND OTHER CONTENT YOU TRANSMIT TO THIS WEBSITE 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 entitled to use such Content, 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, 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

This 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 headquarter in Germany (Imprint LANXESS Germany). This website and the Content presented on this 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 this website will be accurate for users outside the United States or that products and services shown or described on this 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 this website or download Contents from this website.

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

Standard procedures of LANXESS’s Internet services and the use of so-called cookies allow the automatic collection of information and data for operational purposes. Cookies are small collections of details, saved to the customer’s browser. If you do not wish to allow the use of cookies, most browsers provide a simple option of enabling or disabling cookies. Please be aware, however, that cookies may be required for you to gain access to specific facilities on this website. 

Applicable law

You agree with LANXESS that these General Conditions of Use shall be considered a contract governed by the law of the jurisdiction of the organization operating this website as set forth in the Imprint to this website, 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 such jurisdiction, and each party consents to the exclusive jurisdiction of such courts. The Content found on this website is controlled and published on this website by LANXESS from its offices in the United States of America, in the locale as noted in the Imprint. 

Forward-Looking Statements

This website 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 this website 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 this website, or portions of this website that require registration and the use of user names and passwords, 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 this website (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 this website.
User names and passwords must not be revealed or otherwise shared with anyone other than the original individual to whom they were issued. You acknowledge and agree that anyone with knowledge of your user name/password can gain access to your information on this website. Therefore, you must keep secret and confidential all such information. You are solely responsible for the confidentiality, security and use of your user name/password, as well as for any communications made to LANXESS thereunder, in each case whether or not your user name/password was used by you or a third party. LANXESS will be entitled to assume that any person accessing or using this website with your user name/password is you. You should not configure your operating system to "remember" and automatically provide user names or passwords when accessing this website. You must properly log off and terminate each session at this website to help prevent unauthorized access.
You must immediately notify LANXESS at the e-mail address or phone number noted in the Imprint to this 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 website security or for other purposes.

Other Beneficiaries

This website is being sponsored by LANXESS for the benefit of authorized users. Any rights and obligations arising from use of this website 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 this website 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 this website in any manner that may disable, overburden, damage, or impair this website or interfere with any other person or entity’s use of this website.
• Use any robot, spider or other automatic device, process or means to access this website for any purpose, including, but not limited to, monitoring or copying any of the Content on or available through this website.
• Use any device, software or routine that interferes, or otherwise attempt to interfere, with the proper working of this website.
• 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 this website, the server on which this website is stored, or any server, computer or database connected to this website.
• Attack this website 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 this website.
• Use this website for any purpose competitive to LANXESS, or for the purpose of disparaging LANXESS or this website.
• Scrape or copy profiles and information of other users of this website 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, this website, for any commercial, political, market surveying or other purpose, whether in aggregated or bulk form or otherwise.

Indemnification 

You agree to, 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 this website, including, without limitation, your use of, or inability to use, this website, or any Content on this website, 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 this website.

Termination

LANXESS may, at our sole discretion and without notice or having liability to you, suspend or terminate your access to and use of this website and the Content on this website (including, but not limited to, any account you may have on this website) 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 this website 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 this website or such Content.

Miscellaneous

These General Conditions of Use constitute the entire agreement and understanding between you and LANXESS with respect to this website 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 may not assign any of your rights or obligations under these General Conditions of Use, and any such attempt is 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 this website, 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.