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Terms and Conditions of Use

The following rules ("Terms and Conditions") govern the use of the Website located at, or linked to, the URL www.TM-Chemicals.com and the services, information, and content that may be offered on such site (the "Site"); the ability to order products or services and receive newsletters and promotional emails; and any related links. Please read the following Terms and Conditions carefully. TM Chemicals Limited Partnership may be referred to herein as "TM Chemicals Limited Partnership", "we", "us" or "our."

By using our Site, you understand and expressly agree to be legally bound by these Terms and Conditions, our Privacy Policy and our Disclaimers to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by TM Chemicals Limited Partnership. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site. If you violate these Terms and Conditions, we may, without notice, terminate your use of the Site, bar you from future use of the Site, cancel pending orders, and/or take appropriate legal action against you.

You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of our home page to review the most current version of the Terms and Conditions.

Intellectual Property Rights

Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of TM Chemicals Limited Partnership, © 2010, ALL RIGHTS RESERVED. Any and all audio and video clips are the sole property of TM Chemicals Limited Partnership or our content providers. The content and software on our Site is the property of TM Chemicals Limited Partnership and/or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at the address shown at the end of these Terms and Conditions. All rights not expressly granted herein are reserved.

We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.

The absence of a trademark, trade name or service mark does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of TM Chemicals Limited Partnership in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly.

Permitted Use

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to link or deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Site are the property of TM Chemicals Limited Partnership and are protected by U.S. and international copyright laws.

Copyright Policy

We may terminate the privileges of any user who uses the Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

Your Representations

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any thirdparty including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material.

License Granted by You

By providing User Content to us, which includes submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license in all languages to use and exploit all or any part of the User Content. Subject to our Privacy Policy, we may copy, sell, license, modify, publish, publicly perform, and distribute all or any portion of the User Content at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any User Content. Any User Content will be treated as non-confidential and nonproprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Comments & Feedback

We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by e-mail or otherwise through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of TM Chemicals Limited Partnership. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.

Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of Texas, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of our Site shall be an appropriate state court located in Galveston County, Texas. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.

Indemnity

To the full extent allowed by law, by using our Site, you agree to defend, indemnify and hold harmless TM Chemicals Limited Partnership, its subsidiaries, affiliates, parents, partners, members, officers, employees and agents, from any loss, liability, claim or demand, including reasonable attorneys' fees, made by you or any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at:

TM Chemicals Limited Partnership
2525 Independence Parkway South
(f.k.a. Battleground Road)
P.O. Box 1914
Deer Park, TX 77536
Phone: 281-930-2525

Disclaimer

"TM CHEMICALS LIMITED PARTNERSHIP" IS A TRADE NAME AND SERVICE MARK USED WITH THE PERMISSION OF TM CHEMICALS LIMITED PARTNERSHIP, A UNIT OF TEXAS MOLECULAR LIMITED PARTNERSHIP. WHEREVER USED IN OR ON THIS WEBSITE, IT REFERS SOLELY TO TM CHEMICALS LIMITED PARTNERSHIP AND IS NOT TO BE CONSTRUED TO IDENTIFY OR REFER TO TEXAS MOLECULAR LIMITED PARTNERSHIP FOR ANY PURPOSE.


Revised: July 14, 2010