HBS Web Portal User Access Conditions

HUNTSMAN BUILDING SOLUTIONS CUSTOMER PORTAL USER ACCESS AGREEMENT TEST

YOUR ACCESS TO AND USE OF THIS WEB PORTAL IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). BY SELECTING THE “I ACCEPT” BELOW AND ACCESSING AND BROWSING THIS WEB PORTAL, YOU SIGNIFY: (1) YOUR ACCEPTANCE OF THE TERMS WITHOUT LIMITATION OR QUALIFICATION, AND (2) THAT YOU HAVE THE REQUISITE AUTHORITY TO ACCEPT SUCH TERMS. THIS WEB PORTAL IS ONLY AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER. IF YOU DO NOT ACCEPT THESE TERMS YOU SHOULD NOT ACCESS OR USE THIS WEB PORTAL. ANY PROVISIONS OR CONDITIONS PROPOSED BY YOU THAT ARE IN ADDITION TO OR THAT CONFLICT WITH THE TERMS ARE EXPRESSLY REJECTED BY HUNTSMAN AND SHALL BE OF NO FORCE OR EFFECT.

HUNTSMAN MAY FROM TIME TO TIME MODIFY THE TERMS IN ITS SOLE DISCRETION. ALL CHANGES ARE EFFECTIVE IMMEDIATELY WHEN HUNTSMAN POSTS THEM AND APPLY TO ALL ACCESS TO, AND USE OF, THE WEB PORTAL THEREAFTER. ACCORDINGLY, YOU SHOULD CONTINUE TO REVIEW THE TERMS WHENEVER ACCESSING THE WEB PORTAL. IF, AT ANY TIME, YOU DO NOT ACCEPT THE TERMS, YOU SHOULD NOT USE OR ACCESS THE WEB PORTAL.

ACCESS TO AND USE OF THIS WEB PORTAL MAY BE PROHIBITED IN CERTAIN JURISDICTIONS. IF YOU ACCESS THIS WEB PORTAL, YOU DO SO AT YOUR OWN RISK. YOU ARE AND REMAIN RESPONSIBLE FOR COMPLYING WITH ANY APPLICABLE LAWS THAT APPLY TO YOU AND YOUR ACCESS TO AND USE OF THIS WEB PORTAL.

You agree that you will: (i) comply with all applicable laws, including laws regarding the transmission of any data obtained from this web portal, (ii) not use this web portal for any illegal purpose, and (iii) not interfere or disrupt (networks connected to) the web portal.

Huntsman does not represent or guarantee that the information on this web portal and any linked site is appropriate for any particular use. You are solely responsible for determining, prior to use, whether the information contained on this web portal and any linked site and the products or processes to which the information refers are suitable for your purpose. You are solely responsible for evaluating and safeguarding against all health, safety, and environmental hazards relating to such use. If values are shown for any properties or other parameters relating to any products or processes, such values are merely representative of the product or process to which they refer, and should not be construed as exact specifications (and Huntsman is not liable for any deviation from such values).

Nothing contained in this web portal and any linked site should be construed by implication, estoppel, or otherwise as a license under any intellectual property right of any entity, or as a suggestion, recommendation, or authorization to take any action that would infringe any patent or other intellectual property right. Huntsman makes no representations or warranties, express or implied, that the use of any information contained in, or materials offered on, this web portal and any linked sites will not infringe any patent or other intellectual property right. Huntsman, and third parties granting rights to Huntsman, hold all right, title, and interest in and to the materials on this web portal. No intellectual property rights in and to the information and materials on this web portal are transferred to visitors of this web portal. The trademarks, logos, and service marks displayed on this web portal are owned by Huntsman or a third party, and may be registered in one or more, but not necessarily all, countries.

Huntsman does not warrant that this web portal and any linked site are compatible with your equipment or are free of viruses, errors, or worms. In no event shall Huntsman be liable for any damages to computer equipment or other property that results from accessing, using, or browsing this web portal and any linked site or downloading any materials, data, text, images, video, audio, or the like from this web portal and any linked site. Huntsman does not guarantee continuous, uninterrupted, or secure access to the web portal. Huntsman reserves the right to withdraw or amend, partially or entirely, at its sole discretion and without prior notice, this web portal and any service or material references on such web portal, at its sole discretion and without notice. Huntsman will not be liable if for any reason all or part of the web portal, or any of the materials offered on the web portal, is or becomes unavailable at any time
or for any period.

Any information that you transmit via this web portal and any linked site by electronic mail or otherwise, including, without limitation, any ideas, concepts, know-how, techniques, data, questions, comments, suggestions, your IP address, name, address, or the like will be considered non-confidential and may be used by the receiving party for any purpose. To the extent the foregoing include personal data, please refer to the Privacy Statement for further information.

You shall keep your user ID and password strictly confidential and shall not transfer your user ID and password to any third party or allow any third party to use your user ID and password. You shall use your user ID and password to access this web portal solely to carry out the legitimate business needs of your company. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any breach of security. You also agree that you will exit from your account at the end of each session. Particular caution should be used when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Huntsman may disable any user name or password at any time if it believes you have violated any provisions of these Terms.

You may use and display the materials on this web portal only on your company’s computer and only for purposes associated with your interaction with this web portal. Except as stated herein, you may not copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials on this web portal in any manner. You agree not to "frame" or "mirror" this web portal and any materials contained on it or accessible from it without the advanced written authorization of Huntsman. You agree that you will not use the Web Portal (a) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation and laws regarding the export of data or software to and from the US or other countries); (b) to transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain mail” or “spam”; (c) to impersonate or attempt to impersonate Huntsman, a Huntsman employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing; (d) use the web portal in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the web portal; (e) introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (f) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the web portal, or any server, computer or database connected to the web portal; or (g) otherwise attempt to interfere with the proper working of the web portal.

The appearance of any links on this web portal does not constitute an endorsement by Huntsman of the linked site, any link contained on the linked site, or of the information, products, or services contained therein. Huntsman does not exercise any editorial control over the content of linked sites and is not responsible for such content or the links displayed on such sites. Links are provided for convenience only and any reliance you place on any information on the web portal is strictly at your own risk.

All information contained in this web portal and any linked site is provided "as is" without any express or implied representations or warranties of any nature. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, HUNTSMAN HEREBY DISCLAIMS ALL WARRANTIES OF NONINFRINGEMENT, COMPLETENESS, MERCHANTABILITY, ACCURACY, AND FITNESS FOR A PARTICULAR USE OR PURPOSE WITH RESPECT TO THE INFORMATION CONTAINED ON THIS WEB PORTAL AND ANY LINKED SITE AND THE PRODUCTS OR PROCESSES TO WHICH THE INFORMATION REFERS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL HUNTSMAN, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY NATURE, REGARDLESS OF LEGAL THEORY, RESULTING FROM THE USE OF THIS WEB PORTAL (OR INABILITY TO USE THIS WEB PORTAL) AND ANY LINKED SITE, OR RELIANCE UPON ANY INFORMATION CONTAINED THEREON OR ANY DEFECT, INSUFFICIENCY, OR DEFICIENCY IN SUCH INFORMATION AND/OR THE PRODUCTS OR PROCESSES TO WHICH IT REFERS, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (SUCH AS, BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF PRINCIPAL, LOSS OF PROFIT, LOSS OF DATA, LOSS OF USE, OR LOSS OF BUSINESS) EVEN IF HUNTSMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, IT BEING UNDERSTOOD THAT IN SUCH CASE HUNTSMAN’S LIABILITY SHALL BE LIMITED TO THE ACTUAL AND DEMONSTRATED DIRECT DAMAGES.

You agree, at your own expense, to indemnify, defend and hold harmless Huntsman its licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns against any claim, suit, action or other proceeding, to the extent based on or arising in connection with your use of this web portal or any linked site, including, but not limited to: (i) your (or someone using your computer) use of the web portal; (ii) a violation of the Terms by you or anyone using your computer; (iii) a claim that any use of the web portal by you or someone using your computer infringes any copyright, trademark, or other intellectual property right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (iv) any deletions, additions, insertions or alterations to, or any unauthorized use of, the web portal by you or someone using your computer; and/or (v) any misrepresentation or breach of representation, warranty, or covenant made by you contained herein. You agree to pay any and all costs, damages, and expenses (including reasonable attorneys’ fees) awarded against or incurred by or in connection with or arising from any such claim, suit, action, or proceeding.

Any action related to the use of this web portal, any linked site, or the information contained therein shall be governed by the laws of the State of Texas, U.S.A., without regard to choice of law provisions. You agree to submit to the exclusive jurisdiction of the state and federal courts located in the State of Texas, U.S.A. for the resolution of all such disputes and waive any objection to the propriety or convenience of venue in such courts. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this web portal or these Terms must be filed within one (1) year after such claim or cause of action arose.

The Terms, Privacy Statement, Cookies Statement and the Terms of Sale constitute the sole and entire agreement between you and Huntsman with respect to the web portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this web portal. No waiver by Huntsman of any terms or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition and any failure of Huntsman to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms will continue in full force and effect.

The term "Huntsman" is used herein for convenience only, and refers to Huntsman Corporation and its direct and indirect affiliates and subsidiaries.