Terms and Conditions of Use:
By placing orders on Xiameter.com (the “Site”), You (“Buyer” or "you") agree to the following Terms and Conditions of Use. Any and all other or contrary terms and conditions are expressly rejected.
Ship To Country
|Dow Corning Corporation
||Argentina (Import Only), Bermuda, Bolivia, Brazil (Import Only), Chile (Import Only), Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Guatemala, Honduras, Jamaica, Mexico, Panama, Paraguay, Peru, Puerto Rico, Trinidad - Tobago, Turks and Caicos Isl, United States, Uruguay.|
|Dow Corning do Brasil Ltda.
||Argentina, Brazil, Chile, Paraguay, Uruguay|
|Dow Corning Canada Inc.
|Dow Corning Asia Branch
|Dow Corning Australia Pty. Ltd
|Dow Corning Europe Branch
||Algeria, Austria, Bahrain, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Egypt, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Malta, Monaco, Morocco, Netherlands, Nigeria, Norway, Poland, Portugal, Qatar, Romania, Russian Federation, Saudi Arabia, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tunisia, Turkey, Ukraine, United Arab EMI.|
|Dow Corning Limited
|Dow Corning Toray Co., Ltd.
||Japan (Domestic Only)|
|Dow Corning Korea Ltd.
||Korea (Domestic Only) |
|Dow Corning Singapore, Pte. Ltd.
||Afghanistan, Australia (Import Only), Bangladesh, Brunei, China (Import Only), India, Indonesia, Japan (Import Only), Korea (Import Only), Macau, Malaysia, Myanmar, Nepal, New Zealand, Pakistan, Philippines, Singapore, Sri Lanka, Taiwan, Thailand, Vietnam.|
|Dow Corning (Shanghai) Management Co., Ltd.
|Dow Corning (China) Holding Co., Ltd
|Dow Corning de Mexico S.A. de C.V.
||Mexico (Domestic only)|
|Dow Corning Thailand Limited
||Thailand (Domestic Only)|
|Dow Corning Taiwan Inc.
||Taiwan (Domestic Only)|
2. Xiameter is a business unit of the Dow Corning Corporation (“Dow Corning”). XIAMETER® is a registered trademark of Dow Corning Corporation.
3. Use and Confidentiality of Communications: If you send a message to this website you hereby grant to Dow Corning the right to read and use the communications as Dow Corning deems appropriate in its sole judgment. You are hereby advised that no facilities are provided by this website for sending or receiving confidential communications.
Dow Corning reserves the right to monitor all activity and take reasonable action in its sole discretion to protect this website from unauthorized use.
5. Electronic Communications and Electronic Signatures: Buyer agrees to receive notices, disclosures, terms and conditions of any agreements, communications, and legal and regulatory notices and documents (“Communications”) electronically. Dow Corning will send Communications by e-mail or by posting notices on the Site. Buyer agrees that all Communications provided to Buyer electronically satisfy any legal requirement that such communications be in writing. Buyer agrees to be bound by any affirmation, assent or agreement Buyer transmits through this Site, including but not limited to any consent Buyer gives to receive communications from Dow Corning solely through electronic transmission. Buyer agrees that, when Buyer clicks on “I agree,” “I consent” or another similarly worded “button” or entry field with Buyer’s mouse, keystroke or other computer device, Buyer’s agreement or consent will be legally binding and enforceable and will be the legal equivalent of Buyer’s handwritten signature.
6. Material Safety Data Sheets: Buyer agrees to accept Material Safety Data Sheets (MSDS) via the Internet. The Seller’s safety data sheets describe the properties of the Material. They shall not be considered warranties.
7. Limited License and Site Access: Dow Corning grants to Buyer a limited license to access and make use of the Site solely in accordance with these terms and conditions, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dow Corning. Dow Corning may revoke such license at any time, in Dow Corning's sole judgment. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dow Corning. Buyer may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or Dow Corning without Dow Corning’s express written consent. Buyer may not use any meta tags or any other "hidden text" utilizing the name or the registered trademark XIAMETER® without express written consent of Dow Corning. Any unauthorized use terminates the permission or license granted by Dow Corning. Buyer may not use any Xiameter logo or other proprietary graphic or trademark as part of the link without express written permission.
8. Copyright Confidentiality and Other Intellectual Property: Except as otherwise provided on this website, all trademarks, copyrights, content, information, business methods, graphic representations, designs, documentation logos, button icons, images, audio clips, digital downloads, data compilations, and software and the compilation of all content on this site posted on this website as well as the "look and feel" of this website (collectively, "the intellectual property") is the property of Dow Corning and its licensors. All software used on this site is the property of Dow Corning or its software suppliers and protected by United States and international copyright laws. Unauthorized reproduction or distribution is subject to civil and criminal penalties The posting of intellectual property does not constitute a waiver, transfer or license of the proprietary rights to you or to any third party.
The contents of the Dow Corning’s Xiameter.com website, including but not limited to text, graphics, and icons, are copyrighted materials owned and controlled by Dow Corning and its licensors. You may download one copy of the copyrighted materials on any single computer and print a copy of the copyrighted materials solely for your use in learning about, evaluating, or acquiring Dow Corning's services or products. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the copyrighted materials.
You agree to hold any Confidential Information (as defined below) you obtain as a result of using this website in confidence and, unless required by law, not to make the Confidential Information available to any third party or to use the Confidential Information for any purpose other than the business activities for which you were given access to the Confidential Information. You agree to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by your employees or agents in violation of the terms of this Agreement. For purposes of this Agreement, "Confidential Information" means any and all proprietary information labeled as "confidential" or which a reasonable person would know constitutes proprietary information, including but not limited to, business plans, financial reports, customer lists and other customer information, descriptions of manufacturing processes, and product development and marketing plans. You agree that aspects of this website, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Dow Corning, its affiliated companies and its licensors. You shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Dow Corning and/or its licensors depending on who owns the copyright. You shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to this website and all its content shall remain solely with Dow Corning and its licensors.
9. Disclaimer: This website includes information related to or referenced in the offering documentation for certain Dow Corning products. This information is provided for your general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. The information is not guaranteed to constitute a sufficient basis for making a decision with respect to the purchase of any products. Although Dow Corning Corporation attempts to provide useful information, Dow Corning Corporation does not guarantee that the information is accurate, current or suitable for any particular purpose. Dow Corning Corporation assumes no obligation to update or continue to post the information. Dow Corning Corporation does not guarantee that access to this website will be uninterrupted, that this website will be free of viruses or that this website cannot be tampered with by third parties.
THIS WEBSITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS WEBSITE AND THE INFORMATION IS AT THE USER'S SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DOW CORNING OR ITS LICENSORS OR ANY OF ITS EMPLOYEES, REPRESENTATIVES, SUBSIDIARY COMPANIES OR RESELLERS SHALL CREATE ANY WARRANTY IN ADDITION TO THOSE GIVEN HEREIN. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY (90) DAYS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS PARTICULAR TO YOUR JURISDICTION. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IT IS YOUR RESPONSIBILITY TO VERIFY ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME TO TIME CHANGES ARE MADE TO THE CONTENT HEREIN. DOW CORNING CORPORATION MAY MAKE CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT ANY TIME. WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.
10. Limitation of Liability: IN NO EVENT WILL DOW CORNING OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST REVENUE, OR LOST PROFITS, UNDER ANY THEORY, WHETHER UNDER A CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF DOW CORNING IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
11. Links To and Use of This Website: This website is the property of Dow Corning. Buyer is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Xiameter, Dow Corning, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. Buyer may not create a hyperlink to any other page of the Site without Dow Corning’s express written consent. Other sites may not use this website within a frameset of their own site without the expressed written permission of Dow Corning.
12. Links To Other Websites: Periodically, links may be established between this website and one or more websites operated by third parties or content provided by third parties. Dow Corning has no control over any such other websites or the contents therein and neither Dow Corning nor its subsidiary companies or its licensors, will have any liability arising out of or related to such websites or their content. The existence of any such links does not constitute an endorsement by Dow Corning of such websites, the contents of the websites or the operators of the websites.
13. Appropriate Use: You agree, with respect to use of this website and its contents, to abide by the laws of your jurisdiction and any jurisdiction with which you communicate. You are solely responsible for backing-up all data that you input onto the website. You agree not to engage in unacceptable uses of the Website, which include, without limitation, use of the Website to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate, store or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by Dow Corning to be in conflict with the spirit or intent of this Agreement.
14. Security of Communications: Dow Corning has taken commercially reasonable steps to ensure the authenticity and security of communications sent to or from this website. Information regarding the "trust" aspect of the digital certificated used with Secure Sockets Layer (SSL) capability can be obtained by accessing our Digital Practice Certificate. Please reference the Dow Corning Digital Certificate Practice Statement (DCPS) (PDF: 314 KB).
15. Credit Card Payment: If you have elected to pay by credit card, and Dow Corning does not receive payment from the credit card issuer, you agree to pay all amounts due Dow Corning immediately upon demand by Dow Corning. Each time you use the website you agree that Dow Corning is authorized to charge your designated credit card account for the applicable rate for website then in effect. (Your agreement with your credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain your rights and liabilities as a cardholder.) You must notify Dow Corning of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any other information that may prevent Dow Corning from charging your account. In the event that Dow Corning has to institute collection proceedings you agree to be responsible for all costs of collection including attorney’s fees.
16. Registered User Responsibility: If you are a registered user, it is your responsibility to maintain the confidentiality of any passwords given to you and to report to Dow Corning immediately if the password is lost or stolen; there is any change in authorization or access for use of the password; or if your registered authorizations are revoked. User IDs and passwords are provided to you personally, and you agree that you will not give your password to any other party. Except as otherwise expressly provided under these terms and conditions, you shall have no right to, and you specifically agree not to (a) attempt to transfer, assign or sublicense any license rights you receive under these terms and conditions to any other person; (b) make error corrections to or otherwise modify or adapt the website or create derivative works based upon the website, or to permit third parties to do the same; or (c) decompile, decrypt, reverse engineer, disassemble or otherwise reduce any portion of the website to human-readable form to gain access to trade secrets or confidential information in the website. Any purported transfer, assignment or sublicense by you of the limited and revocable rights granted to you under these terms and conditions shall be void.
17. U.S. Government: This website (including software and documentation) is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire or use this website with only those rights set forth therein.
18. Use of Chat Rooms, Bulletin Boards and Other User Forums: Dow Corning may monitor, review or close any areas on the website where users transmit or post communications or communicate solely with each other for the purpose of promoting its efficiency, usefulness and appropriateness of use. However, Dow Corning does not undertake to monitor or review every posting or communication, and Dow Corning and its subsidiaries disclaim any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
Dow Corning does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted on bulletin boards. Any information or material placed online, including advice and opinions, are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of Dow Corning or its subsidiary companies. Dow Corning, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
Content on the bulletin board is not pre-screened. Accordingly, users who access the bulletin board do so at their own risk, especially with respect to offensive, incorrect, and otherwise unacceptable material. Dow Corning, reserves the right, in its sole discretion, to reproduce (in any form or medium), delete, edit, comment on, or otherwise modify any submissions or postings, subject to sufficient indication that it has done so to ensure that the original author is not credited with the amendment.
The following are prohibited on the Xiameter Online Bulletin Board: obscene or offensive language, defamatory comments about any person or company, personal information about an individual, price collusion, boycotting, bid-rigging, market/territory/customer allocation and any other unlawful practice or conduct. If you are offended by a posting, please contact the Webmaster.
If you submit any material to the bulletin board you hereby agree and warrant that the submitted material: (i) is not offensive, obscene, or otherwise contrary to the laws of any place where this bulletin board may be accessed; (ii) is the original work of your authorship or that you have the right to make the submission without violating the copyright, trademark, patent or other intellectual property rights of any person or entity in any place where the bulletin board may be accessed; and, (iii) is true and accurate and does not constitute libel, slander, invasion of privacy, defamation, or any violation of law.
20. Changes: Dow Corning reserves the right, in its sole discretion, to change, modify, add or remove any portion of this agreement in whole or in part, at any time. Changes in this agreement will be effective when notice of such change is posted on the Site. Buyer’s continued use of the Site after any changes to this agreement are posted will be considered acceptance of those changes.
Dow Corning may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Dow Corning may also impose limits on certain features and services or restrict Buyer’s access to parts or all of the Site without notice or liability. Dow Corning may terminate the authorization, rights and license given above and, upon such termination, Buyer shall immediately destroy all data or information or material copied, printed or downloaded from the Site.
21. Applicable Law: These Terms and Conditions will be construed in accordance with the laws in the jurisdiction of the invoicing company, without regard to its conflict of law provisions and jurisdiction is assigned to the relevant court at the place of business of the invoicing company. The provisions of these Terms and Conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these Terms and Conditions, and the Terms and Conditions will be construed as if such unenforceable provision had not been contained therein. No wavier by Dow Corning of any right under of provision of these Terms and Conditions will be deemed to be either a waiver of any other such right or provision of a waiver of that same right or provision at any other time.
22. Indemnification: Buyer agrees to indemnify, defend, and hold harmless Dow Corning, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of or related in any way to your use of the site, violation of these Terms and Conditions, violation of any law or regulation, or violation of any proprietary or privacy right.
23. Submissions: By using the Xiameter website, you agree that Xiameter will have right to use and disclose any information that you submit to us within our company, as appropriate, without compensation or acknowledgment of its source. Dow Corning, the owners of Xiameter.com, and its affiliates shall be free to use any ideas, concepts, know-how or techniques, directly or indirectly or otherwise based on information that you provide to Dow Corning through the Xiameter.com website, including, but not limited to developing, manufacturing, and marketing products or services.
24. Business Terms and Conditions: The terms and conditions governing all aspects of the purchase of products from Dow Corning are contained in the XIAMETER Business Terms and Conditions. Those terms and conditions will control in the event of any conflict with these Terms and Conditions of Use and no use of this Site by Buyer or by Seller will in any way amend, modify, or waive any of the provisions of the XIAMETER Business Terms and Conditions.
XIAMETER® is a Registered Trademark of Dow Corning Corporation.
DOW CORNING® is a Registered Trademark of Dow Corning Corporation.