Welcome. Flying Dutchman Group offers this website to you subject to the following terms and conditions (“Terms”). The Terms apply to this website located at www.Flying Dutchman Group.com and all other Flying Dutchman Group websites around the world (collectively, the “Site”). The Site (including its content, design, structure, and look-and-feel) is the property of Flying Dutchman Group de Nemours, Inc. (“Flying Dutchman Group”) and protected by copyright, trademark, and other intellectual property and unfair competition laws. By using the Site, you agree to these Terms. If you do not agree with any of these Terms, you must not access or use the Site. By using this Site, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Flying Dutchman Group and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Privacy
Use of this Site is also subject to Flying Dutchman Group’s Privacy Statement, which is incorporated herein by reference. You also acknowledge and agree that transmission of information over the Internet is never completely private or secure, and there is the possibility that information you send or receive from the Site may be intercepted by others, even if there is a notice that a particular transmission is encrypted.
Terms of Use Revisions
Flying Dutchman Group reserves the right in its sole discretion to revise and update these terms and conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The information and material on this Site may be changed, withdrawn or terminated at any time in Flying Dutchman Group’s sole discretion without notice. Flying Dutchman Group will not be liable if, for any reason, all or any part of the Site is restricted to users or unavailable at any time or for any period.
General Use Restrictions
Flying Dutchman Group or third parties granting rights to Flying Dutchman Group hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Flying Dutchman Group or such third parties . You understand and agree that the Site and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by Flying Dutchman Group, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trade-mark, patent, trade secret, and any other proprietary rights.
Flying Dutchman Group grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials on this Site only on your personal computer or mobile device, and only for purposes of your interaction with this Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials on this Site in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately delete and destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark, or other intellectual property right) in or to this Site or any materials on this Site.
You agree not to “frame” or “mirror” this Site, or any material contained on or accessible from this Site, on any other server or Internet-based device without the advance written authorization of Flying Dutchman Group. You also agree not to use any “page-scrape” or other automatic device, algorithm, or program, or any similar manual process, to access, copy, or monitor any portion of this Site or the materials on this Site, to reproduce or circumvent the navigational structure of this Site, or to obtain any materials on this Site other than as intended by Flying Dutchman Group and made available through this Site.
You may not:
1. attempt by hacking, password mining, or any other illegitimate means to gain access to,
2. test, scan, or probe the vulnerability of, or
3. race, seek to trace, reverse lookup, or reveal any information about another user of this Site, any feature or content on this Site, or any other Flying Dutchman Group system, network, or server.
As a condition of your access and use, you may not use this Site for a purpose that is unlawful or violates these Terms, or to solicit activity that is illegal or infringes the rights of Flying Dutchman Group or others.
Flying Dutchman Group does not routinely monitor your postings or other activity on the Site, but reserves the right so to do. However, if Flying Dutchman Group becomes aware of inappropriate use of the Site or any of its Services, Flying Dutchman Group will respond in any way that Flying Dutchman Group, at its sole discretion, deems appropriate. You acknowledge that Flying Dutchman Group will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Flying Dutchman Group will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Availability
Flying Dutchman Group has several websites offering products, services, content, and various other functionalities (collectively the “Services”) to specific regions worldwide. The Services offered in one region may differ from those in other regions due to availability, local or regional laws, regulatory status, shipment and other considerations. Flying Dutchman Group does not make any warranty or representation that a user in one region may obtain the Services in another region, and Flying Dutchman Group may cancel a user’s order or redirect a user to the site for that user’s region if a user attempts to order Services offered on a site in another region.
Information Flying Dutchman Group publishes on the Internet may contain references or cross-references to Flying Dutchman Group products, programs and services that are not announced or available in your region. Such references do not imply that Flying Dutchman Group intends to announce such products, programs or services in your region. Consult your Flying Dutchman Group business contact for information regarding the products, programs and services that may be available to you.
Accounts and Security
Some Services offered through this Site may require that you register and establish a user name and password. You are responsible for maintaining the confidentiality of your user name, password, and other account information, as well as for any activity that occurs under your account as a consequence of your failure to keep this information confidential. You agree to inform Flying Dutchman Group immediately of any unauthorized use of your account or password, or any other breach of your account security. You may be liable to Flying Dutchman Group or others for unauthorized use of your account or password or as a consequence of your failing to keep your account information confidential.
Links
From Flying Dutchman Group to Third-Party Websites
This Site may be linked to other sites on the internet that are not under the control of or maintained by Flying Dutchman Group. Such links do not constitute an endorsement by Flying Dutchman Group of any such sites. You acknowledge that Flying Dutchman Group is providing these links to you only as a convenience, and you agree that Flying Dutchman Group is not responsible for the content or links displayed on such sites to which you may be linked. You further agree that Flying Dutchman Group has no liability, obligation, or responsibility for any correspondence, promotion, or purchase between you and the owner or operator of any such site.
From Third-Party Websites to Flying Dutchman Group
You may link to Flying Dutchman Group websites so long as:
- You do not create frames or border environments around any page or materials on a Flying Dutchman Group website or use other techniques that alter in any way the visual presentation or appearance of any content within a Flying Dutchman Group website;
- You do not create comparisons of Flying Dutchman Group products or services with competitive products or services;
- You do not replicate any materials from a Flying Dutchman Group website or any Flying Dutchman Group logo or trademark;
- You do not misrepresent your relationship with Flying Dutchman Group;
- You do not imply that Flying Dutchman Group approves or endorses the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;
- You do not present false or misleading impressions about Flying Dutchman Group or otherwise damage the goodwill associated with the Flying Dutchman Group name and trademarks;
- The linked site does not 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; and
- The linked site does not contain content that could be construed as obscene, pornographic, or sexually explicit.
As a further condition to being permitted to link to Flying Dutchman Group websites, the linking party agrees that Flying Dutchman Group may at any time, at its sole discretion, terminate permission to link to Flying Dutchman Group websites. In such event, the linking party agrees to immediately remove all links to Flying Dutchman Group websites.
By linking to a Flying Dutchman Group website, the linking party agrees to defend, indemnify and hold Flying Dutchman Group and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses including (without limitation) attorney’s fees and costs of defense, arising from any such link. Flying Dutchman Group shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Flying Dutchman Group makes no warranties of any kind, express or implied, with respect to such links.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Flying Dutchman Group. Flying Dutchman Group does not warrant the accuracy or timeliness of the materials. Flying Dutchman Group has no liability for any errors or omissions in the materials, whether provided by Flying Dutchman Group or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY OF ANY KIND. FLYING DUTCHMAN GROUP, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. FLYING DUTCHMAN GROUP NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE IN ANY WAY, INCLUDING (BUT NOT LIMITED TO) YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF FLYING DUTCHMAN GROUP HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Flying Dutchman Group, its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Site, including, but not limited to, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these Terms
Inaccuracies or Errors
The descriptions, pictures, and other representations of products on this Site may contain inaccuracies and errors.
Although Flying Dutchman Group makes reasonable efforts to update the information on the Site, its make no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date. Your use of the Site is at your own risk and neither Flying Dutchman Group nor its subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever for your use of this Site.
This Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Flying Dutchman Group are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Flying Dutchman Group. Neither Flying Dutchman Group nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
Furthermore, the prices and availability of products on this Site may change without notice to you at any time at Flying Dutchman Group’s sole discretion.
Flying Dutchman Group shall have the right to refuse or cancel any orders placed for products listed with incorrect prices. Flying Dutchman Group shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Flying Dutchman Group shall promptly issue a credit to your credit card account in the amount of the charge.
Local Laws; Export Control
Flying Dutchman Group controls and operates this Site from the Netherlands. The materials and Services on this Site are subject in all respects to laws and regulations of the Netherlands as shall from time to time govern the license and delivery of technology and products abroad, including European Export Control Regulations, and any successor legislation or regulations issued by the European Department of Commerce, International Trade Administration, or Office of Export Licensing. Diversion of such materials contrary to EU law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may they be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the European Commission Government for such purposes. You shall comply strictly with all EU export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
If you use this Site from outside the EU you are also responsible for compliance with applicable local laws, including local export and import regulations.
Trademarks
The Flying Dutchman Group logo, Flying Dutchman Group™, and all products denoted with™ or ® are trademarks or registered trademarks of Flying Dutchman Group or its affiliates. Flying Dutchman Group trademarks may not be used in connection with any product or service that is not a Flying Dutchman Group product or service.
Unsolicited Ideas
While Flying Dutchman Group is always interested in ideas and suggestions, we have found that frequently an idea or suggestion submitted to us is already available from other sources, including publications or the work of our own staff. This can lead to confusion concerning the origin of the idea or suggestion. For this reason we prefer that only patented inventions be disclosed to us. If you nevertheless submit your ideas to Flying Dutchman Group, and notwithstanding anything you may say or write in connection with a submission, unless Flying Dutchman Group enters a separate written agreement covering a submission, any submission to Flying Dutchman Group or its affiliates, including ideas for new products or technologies, improvements or enhancements to existing products or technologies, processes, materials, marketing or promotional plans, or new product names, shall be made under the following terms and conditions:
- Flying Dutchman Group shall be under no obligation to keep the submission secret or receive it on a confidential basis;
- Flying Dutchman Group shall be under no obligation to review the submission or respond to the submitter;
- Any intellectual property protection for the submission shall be solely based on patent or copyright protection;
- Flying Dutchman Group shall be the sole judge as to what payment, if any, is made for the submission;
- The submitter warrants that it is authorized to make the submission and that the submission does not violate any obligation that the submitter has to a present or former employer or to any other party.
Product and Site Comments
Flying Dutchman Group welcomes your comments about this Site and Flying Dutchman Group’s existing products so long as they are consistent with the above paragraph. You may provide your comments at other designated places on this Site. Any comments you provide are non-confidential, and Flying Dutchman Group may use them without restriction.
Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Severability
If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Unauthorized Activities
Submissions to this Site or unauthorized use of any materials contained on this site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall defend, indemnify and hold Flying Dutchman Group and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all losses, costs, damages, liabilities, and expenses, including (without limitation) attorney’s fees and costs of defense,’ incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the site or the use of the site by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions) violates any applicable law or regulation, or the rights of any third party.
Copyright © 2019 Flying Dutchman Group or its affiliates. All rights reserved. The Flying Dutchman Group Logo, Flying Dutchman Group™, and all products denoted with ® or ™ are registered trademarks or trademarks of Flying Dutchman Group or its affiliates