LEGAL MATTERS, PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
The use of the term “Content” on this website refers to all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content on this website.
Kronos has not independently verified or authenticated the Content in whole or in part. Kronos makes no commitment to update the Content.
LEGAL STRUCTURE OF KRONOS
Kronos has numerous subsidiaries or affiliates. This website refers to Kronos Worldwide, Inc. and its subsidiaries as a group for convenience and simplicity. Nothing in the Content is intended to override the legal separation of each entity that is a subsidiary or affiliate of ours. Where local action is contemplated by the Content, responsibility for the action remains with the applicable local entity.
ACCURACY, COMPLETENESS AND TIMELINESS OF THE INFORMATION ON THIS WEBSITE
Kronos is not responsible if information made available on this website is not accurate, complete or current. The Content on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary or more accurate, complete or timely sources of information. Any reliance on the Content is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. Kronos reserves the right to modify the Content of this site at any time, but, as already stated, Kronos has no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to this website.
OWNERSHIP OF WEBSITE AND ITS CONTENT
Kronos owns, controls or licenses this website and its Content. Such Content is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws of the United States of America and worldwide copyright laws and treaty provisions, as applicable.
LIMITED LICENSE TO USE THIS WEBSITE AND ITS CONTENT
You may print Content from this website for your personal use, provided that you leave any copyright or trademark notices intact and unchanged. You may forward, distribute and/or photocopy our copyrighted materials located on this website only if each entire relevant page or document is unaltered and complete, including all of the headers, footers, disclaimers, copyright or trademark notices and other information.
Except as expressly provided herein, Kronos does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information. Other rights may be granted to you by us in writing or incorporated elsewhere in the Content.
When using this website, you may not obscure your identity or impersonate any other individual or entity. You are prohibited from violating, or attempting to violate, the security of this website.
You shall not transmit computer programming routines or engines with the intent to damage, destroy, disrupt or otherwise impair the operation of this website or any other website or computer through this website.
Our trademarks may not be used publicly without our express permission. You are prohibited from using this website to infringe on our intellectual property rights.
You are prohibited from engaging in violations of applicable law and regulations on this website and
Access to or use of this website or Content accessed on or described on this website by persons or from countries that are sanctioned by the United States of America is specifically prohibited.
Access to or use of this website to purchase our products where the purchase of our products is illegal or penalized is prohibited.
You may not export or re-export any products or Content except in full compliance with all laws and regulations United States of America, including, without, limitation:
- Into (or to a national or resident of) any country to which the United States of America embargoes or sanctions goods, services or technology;
- To any person or entity on the U.S. Treasury Department’s List of Specially Designated Nationals, the U.S. Bureau of Export Administration Entity List, the U.S. Bureau of Export Administration Denied Persons List or the U.S. Commerce Department’s Table of Denial Order; or
- Otherwise in violation of the laws of the United States of America.
GLOBAL AVAILABILITY OF PRODUCTS
We offer products in various regions worldwide. Certain products offered in one region may not be offered in other regions due to availability, local or regional laws, shipping costs or other considerations. Even if a product is offered in more than one region, the pricing of the product in different regions may not be the same due to various factors, including shipping costs.
Information on this website may contain references or cross references to certain of our products that are not available in your region. Such references do not imply that we intend to provide such products in your region. Please consult your local business contact with us for information regarding those of our products that are available to you.
Kronos makes no representation that this website or products described on this website are appropriate or available for use in other locations.
Those who access this website are responsible for compliance with all applicable laws of the United States of America. In addition, you are responsible for complying with any local laws in your country that may impact your right to import, export or use this website or Content accessed or described on this website.
TERMINATION OF THIS LICENSE
THIS SITE AND ITS CONTENT AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU
LIMITATION OF LIABILITY
YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THIS WEBSITE. ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THIS WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK AND IS MADE AVAILABLE TO YOU AT NO CHARGE. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCES, WHETHER THE CLAIM ARISES IN TORT, CONTRACT OR OTHER LEGAL THEORY, FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, COMPENSATORY, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) WHATSOEVER ARISING OUT OF THE USE, THE INABILITY TO USE OR THE RESULTS OF THE USE OF THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON THIS WEBSITE OR ANY OTHER SUCH WEBSITE. IF YOUR USE OF THIS WEBSITE OR ANY INFORMATION OR CONTENT PROVIDED ON OR THROUGH THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
LIMITATION OF PRODUCT REMEDIES
Your sole remedy and Kronos’ sole obligation, for any claim related to its products purchased through this website shall be limited by and to the extent of the express warranties accompanying such products.
REGISTRATION, PASSWORD AND SECURITY
Whenever you provide us information on this website, you agree to:
• provide true, accurate, current and complete information; and
• maintain and promptly update such information to keep it true, accurate, current and complete.
If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, we may without notice suspend or terminate your access to this website and refuse any and all current or future use of this website (or any portion thereof).
If any portion of this website requires you to register or open an account, you may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password and change it regularly as an added precaution. You are responsible for maintaining the confidentiality of the password and account and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Kronos of any unauthorized use of your password or account or any other breach of security. Without limiting any rights that Kronos may otherwise have, Kronos reserves the right to take any and all action, as its deems necessary or reasonable, to ensure the security of this website and your account, including without limitation terminating your account, changing your password or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of:
• any action or inaction of Kronos under this provision
• any compromise of the confidentiality of your account or password; and
• any unauthorized access to your account or use of your password.
You may not use anyone else’s account at any time, without the permission of the account holder.
The security of your personally identifying information is important to us. While there is no such thing as “perfect security” on the internet, Kronos will take reasonable steps to help ensure the safety of your personally identifying information. However, you understand and agree that such steps do not guarantee that use of this website is invulnerable to all security breaches and that Kronos makes no warranty, guarantee, or representation that use of any of this website is protected from viruses, security threats or other vulnerabilities.
LINKS ON THIS WEBSITE TO OTHER CONTENT
This website may contain links to other independent third party websites. Such links are provided solely as a convenience to our visitors. These independent third party websites are not under the control of Kronos. Kronos is not responsible for any viruses or other malware or damaging elements encountered in a third party website. Kronos is not responsible for the Content of any site or any link contained in such site. Kronos reserves the right to terminate any link or linking program at any time. Kronos does not endorse companies or products on such third party websites. If you decide to access any of such third party websites linked to this website, you do this entirely at your own risk.
THIRD PARTY LINKS TO THIS WEBSITE
All links to this website by third parties must be approved in writing by us, except that we consent to links in which the link and the pages that are activated by the link do not:
Create frames or border environments around any page or materials on this website or use other techniques that alter in any way the visual presentation or appearance of any content within this website;
- Create comparisons of our products or services with competitive products or services;
- Shall not replicate any materials on this website or any of our logos or trademarks without a separate written consent by us;
- Misrepresent your relationship with us;
- Imply that we approve or endorses the linking party, the linking party’s website or the linking party’s service or product offerings in any way;
- Present false or misleading impressions about us or otherwise damage the goodwill associated with the our names and trademarks;
- Contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law;
- Contain content that could be construed as obscene, pornographic or sexually explicit materials; and
- Shall contain only content that is appropriate for all age groups.
As a further condition to being permitted to link to this website, the linking party agrees that we may at any time, in our sole discretion, terminate the permission to link to this website. In such event, the linking party agrees to immediately remove all links to this website.
By linking to this website, the linking party agrees to indemnify and hold us safe and harmless from and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link. Kronos shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. We make no warranties express or implied, with respect to such links.
GOVERNING LAW; DISPUTE RESOLUTION
This website is controlled by Kronos from its offices in Dallas, Texas, United States of America. We recognize that it is possible for you to obtain access to this website from any jurisdiction in the world, but we have no practical ability to prevent such access. We make no representation that the Content is appropriate or available for use in other locations and access to such Content from territories where the Content is illegal is prohibited. Those who choose to access this website from locations outside of the United States of America do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that all matters relating to your access to or use of this website, including all disputes, will be governed by the laws of the United States of America and by the substantive laws of the State of Texas without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. In the event of any controversy or dispute between Kronos and you arising out of or in any way connected with access to or use of this website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If Kronos is unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law subject to the following restrictions on venue. After the required mediation does not result in a resolution of the parties:
• where federal jurisdiction exists over any action, suit or proceeding arising out of or in any way connected with the access to or use of this website, Kronos and you designate the United States District Court for the Northern District of Texas, Dallas Division, for the exclusive resolution of that dispute and submit to the jurisdiction of that court; or
• where federal jurisdiction does not exist over such action, suit or proceeding, Kronos and you designate the District Court for the County of Dallas, Texas, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.
You agree to the personal jurisdiction by and venue in such state or federal courts in Dallas County, Texas and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
FORWARD LOOKING STATEMENTS
The statements and information on this website relating to matters that are not historical facts are forward-looking statements that represent management’s beliefs and assumptions based on currently available information. Forward-looking statements can be identified by the use of words such as “believes,” “intends,’’ “may,’’ “will,’’ “should,” “could,” “anticipates,” “expects,” or comparable terminology or by discussions of strategy or trends. Although Kronos believes that the expectations reflected in such forward-looking statements are reasonable, it cannot give any assurances that these expectations will prove to be correct. Such statements by their nature involve risks and uncertainties that could significantly impact expected results, including, but not limited to, the cyclicality of the titanium dioxide industry, global economic and political conditions, global productive capacity, customer inventory levels, changes in product pricing, changes in product costing, changes in foreign currency exchange rates, competitive technology positions, operating interruptions (including, but not limited to, labor disputes, leaks, fires, explosions, unscheduled downtime, transportation interruptions, war and terrorist activities), recoveries from insurance claims and the timing thereof, the ultimate resolution of pending or possible future litigation and legislative developments affecting us and other risks and uncertainties detailed in Kronos’ filings with the U.S. Securities and Exchange Commission. Should one or more of these risks materialize (or the consequences of such a development worsen), or should the underlying assumptions prove incorrect, actual results could differ materially from those forecasted or expected. While it is not possible to identify all factors, we continue to face many risks and uncertainties. Kronos disclaims any intention or obligation to update publicly or revise such statements, whether as a result of new information, future events or otherwise.
HOW TO CONTACT US
If you have any questions or concerns about this website or its implementation, you may contact us using the “Contact Us” page on this website. To view the Contact Us page click here and select “Website Question or Concern” as the department.
© Kronos Worldwide, Inc. 2012.