Terms of Service
TERMS OF SERVICE
Norit (“Norit”, “we”, “us” and “our”) is a leading activated carbon manufacturer. Norit products remove impurities from food, beverages, pharmaceutical products, chemicals, water and air. As part of this effort, we communicate online, including via the Norit website (the “Site,” and collectively with Norit’s other public communication services, the “Services”).
These terms of service (“Terms”) govern each user’s (“user” or “you” or “your”) access to and use of the Site and the Services, as well as any information, files or other materials uploaded, downloaded, transmitted or appearing on the Services (collectively referred to as “Content”). The Services are owned and provided by Norit.
a. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms.
b. By uploading or downloading Content, or otherwise actively using the Services, you agree to be bound by these Terms.
c. WAIVER OF JURY TRIAL. BY ACCEPTING THESE TERMS, YOU AGREE TO AN ARBITRATION CLAUSE THAT REQUIRES ANY DISPUTES TO BE RESOLVED BY AN INDEPENDENT ARBITRATOR INSTEAD OF BY A JUDGE OR JURY.
You are responsible for your use of the Services, for any Content you post to or distribute through the Services, and for any consequences thereof.
You may use the Services at any age, but you must be 16 years or older to contact us. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services are always evolving and the form and nature of the Services may change from time to time without prior notice. In addition, Norit may stop (permanently or temporarily) providing the Services or any features within the Services to you or to other users without notice. Norit also retains the right to create limits on use at Norit’s sole discretion at any time without prior notice.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for granting you access to and use of the Services, you agree that Norit and its partners and advertisers may place advertising on the Services or in connection with the display of Content or information from the Services submitted by you or others.
Any personally-identifiable information and other Content that identifies you (“Personal Data”) is subject to our Privacy Statement, which governs our collection and use of your Personal Data. You consent to the collection and use of Personal Data, including the transfer of Personal Data between you (wherever you may be) and us (which means each location from which we Provide our Services), including any transfer of Personal Data between countries, for storage, processing and use by Norit and by others, but only where permitted by applicable laws and regulations.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving so long as you receive the Services.
In order to use some features of the Services, you may need to “opt-in” to receiving text message or other communications from others.
4. Content on the Services
The Services may include a platform for transmitting and posting communications between you and us, and in some cases, between you and other users. Each such communication is Content. All Content, whether publicly or privately transmitted or posted, is the sole responsibility of the person who posts or transmits the Content. Any use or reliance on any Content or other materials obtained by you through the Services is at your own risk.
We or our users may use the Services to provide information or discussion on a variety of topics related to Norit, its products and the Services. We do not endorse any particular advice or recommendations which may be made via the Services, and we strongly recommend that you seek the advice of an appropriate professional before making any decisions as a result of using the Services.
We do not endorse any opinions expressed via the Services. Under no circumstances shall Norit be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
If you see any Content on the Services that you consider offensive or that you think may violate these Terms of Service, please contact us at legal@Norit.com so that we may review it. While we have the right to delete or remove from public view any Content for any reason, we also reserve the right not to remove Content that some users consider offensive or in violation of the Terms of Service, but which we do not consider offensive or in violation of the Terms of Service.
5. Your Rights
You retain ownership or other rights you may have to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us the Content License, as stated above.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof.
6. Norit’s Rights
All rights, titles, and interests in and to the Services are and will remain the exclusive property of Norit and its licensors (including other users). The Services are protected by copyright, trademark, and other laws. Nothing in the Terms gives you a right to use the Norit name or any of Norit’s trademarks, logos, domain names, or other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Norit or the Services is entirely voluntary and Norit will be free to use your feedback, comments or suggestions as we see fit and without any obligation to you.
7. Restrictions on Content and Use of the Services
We reserve the right at all times (but we do not have the obligation) to remove or refuse to distribute any Content on the Services and to terminate users and reclaim user names. We also reserve the right to access, read, preserve, and disclose any Content or other information for any reason in our sole discretion, including without limitation to satisfy any applicable law, regulation, legal process or governmental request, enforce the Terms, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Norit, its users and the public.
You may not do any of the following while accessing or using the Services:
• access, tamper with, or use non-public areas of the Services, Norit’s computer systems, or the technical delivery systems of the website’s systems;
• probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
• access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available interfaces published by Norit (and only pursuant to those interfaces), unless you have been specifically allowed to do so in a separate written agreement signed by Norit;
• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
• interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
8. Intellectual Property Policy
Norit respects the intellectual property rights of others and expects users of our Services to do the same. We will respond to notices of alleged copyright or other intellectual property infringement that comply with applicable law (including the United States Digital Millennium Copyright or “DMCA” at 17 U.S.C. §512) and are properly provided to us. If you would like the benefit of your legal protections under the DMCA, please review the DMCA to ensure your compliance.
9. The Services are Provided “As-Is” and “As Available”
YOUR ACCESS TO AND USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, NORIT, ITS PARTNERS AND THEIR LICENSORS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND THE CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES OR ANY CONTENT THEREON. NORIT SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, LOSS OF MONEY, LOSS OF BUSINESS OPPORTUNITY, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR ANY CONTENT. YOU ALSO AGREE THAT NORIT HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NORIT, THROUGH THE SERVICES, OR OTHERWISE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN.
The Services may contain links to or integration with third-party websites, software, or resources (“third party systems”). You acknowledge and agree that Norit is not responsible or liable for the availability or accuracy of such third party systems, or the content, products, or services on or available from such third party systems. Links to such third party systems do not imply any endorsement of such third party systems or the content, products, or services available from such third party systems. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party systems.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NORIT, ITS PARTNERS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, DATA, USE, GOOD WILL, OR OTHER LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NORIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
13. Waiver and Severability
The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
14. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the substantive and procedural law of the Commonwealth of Pennsylvania, and the federal law of the United States, without regard to or application of any conflict of laws principles or rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You agree to indemnify and hold us harmless for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Services, including any breach by you of the Terms or any allegation that you have infringed the intellectual property rights or other rights of another person. This indemnity obligation shall survive any termination or expiration of these Terms or your use of the Services.
Any controversy or claim between the parties or arising out of these Terms or any Services shall be determined by one arbitrator in binding arbitration, which shall be administered by the American Arbitration Association (if you are resident in the United States) or the International Centre for Dispute Resolution (if you are resident outside the United States). We anticipate that you may be geographically distant from our offices. Accordingly, to reduce the cost of resolving any dispute, all arbitration hearings will be conducted by video conference or audio conference. The arbitrator shall have sole authority to determine the arbitrability of any claim, and shall have the right to grant injunctive or other equitable relief. The arbitral award will be final and binding on the parties, and may be entered and enforced in any court of competent jurisdiction.
15. Entire Agreement
We may revise these Terms from time to time and post the revised version of the Terms on the Services. We may notify you of a revision to these Terms via an e-mail to the email address associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact Norit by postal mail addressed to Norit Americas, Inc., Attn: Law Department, PO Box 1746, Horsham, PA 19044, USA, or by email to Legal@Norit.com .
16. Revision History
Date of this revision: 8 December 2022.