Terms of Use

Legal Information & Disclaimer

This Terms of Use covers FS‐Elliott Co., LLC and its subsidiaries (“FS‐E”). These Terms of Use are subject to change at any
time without notice.


The entire content of this website (“Site”), www.fs‐elliott.com, is owned and operated by FS‐Elliott Co., LLC, a Pennsylvania
limited liability company having its principal place of business at 5710 Mellon Road, Export, Pennsylvania, 15632‐8948, United
States of America. All rights reserved. FS‐E offers access to and use of the Site, including all information, tools and services
available from this Site, to you (“user”, “visitor”) conditioned upon your acceptance of the following Terms of Use and all
applicable laws. Your use of this site constitutes your agreement to these Terms of Use. Site visitors who do not agree with these
terms must leave the Site.

Registration and certain other information submitted by you is subject to our Privacy Policy, the terms and conditions of which
are expressly incorporated herein by this reference. Through your use of this Site, as well as any of the services offered on this
Site (“Services”), you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information for storage, processing and use by FS‐E.

By using this Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our
Privacy Policy, and any additional terms and conditions that are referenced herein or that may apply to specific sections of the
Site, or to products and services that FS‐E makes available through the Site, all of which are deemed part of these Terms of Use.
Accessing the Site in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound
by these Terms of Use.

FS‐E reserves the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Use, or who, in
our sole judgment, interferes with the ability of others to use our Site or infringes upon the rights of others.

 

Age Requirement

By using this Site, you certify that you are 18 years of age or older. Children under the age of 18 may not submit photos, materials
or personally identifiable information to this Site. If you are a resident of a state, province or country that imposes additional or
different age requirements for disclosure of personally identifiable information, you hereby represent and certify that your use of
the site, the provision of your personally identifiable information to us, and our use of such personally identifiable information as
stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

 

Accuracy, Completeness and Timeliness of Information on this Site

FS‐E makes no claim or warranty to the accuracy, completeness or timeliness of any of the contents of this Site. The material 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, more accurate, more complete or timelier sources of information. Any reliance on the material on
this Site is at your own risk. This Site may contain certain historical information. Historical information is provided for your
reference only.

 

Use of Materials on the Site

All content on this Site, including without limitation, text, design, graphics, logos, icons, images, audio clips, videos, downloads,
products, services, interfaces, code and software, as well as the selection and arrangement thereof, is the exclusive property of
and owned by FS‐E, its licensors or its content providers, and is protected by copyright, trademark and other applicable laws.
You may access, copy, download and print the material contained on the site for personal and non‐commercial use, provided you
do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy,
download or print. Any other use of content on this Site, including but not limited to, the modification, distribution, transmission,
performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative
works from, any material, information, software, products or services obtained from the Site, or use of the Site for purposes
competitive to FS‐E, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be
updated from time to time. FS‐E reserves the right to cancel or deny access to this Site, remove any user from the Site or prohibit
any entity or individual from using the Site for any reason whatsoever. FS‐E, or its licensors or content providers, retain full and
complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material
to you under a license that is revocable at any time in the sole discretion of FS‐E, or its licensors or content providers. FS‐E
neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not affiliated with
FS‐E.

 

Trademarks and Copyright

Trademarks, logos and service marks (collectively the “Marks”) displayed on the Site are registered and unregistered trademarks
of FS‐E, its licensors or content providers, or other third parties. All of these Marks are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use
any Mark displayed on the Site without the owner’s prior written permission. Use of any Trademark displayed on the Site
without written permission is strictly prohibited. FS‐E reserves all rights not expressly granted in and to the Site and its content.
This Site and all of its content (“Content”), including but not limited to information, data, text, design, graphics, photographs,
logos, icons, images, audio clips, videos, downloads, products, services, interfaces, code and software, and the selection and
arrangement thereof, is owned by FS‐E and various third parties, and is protected as a compilation under the copyright laws of
the United States and other countries. Nothing contained on the Site should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Content without the written permission of FS‐E or such other party that may own
the Content. Any copying, distribution, retransmission or modification of Content on the Site, whether in electronic or hard copy
form, without FS‐E’s express prior written permission, is strictly prohibited. Copyright © FS‐Elliott Co., LLC. 2016. All rights
reserved.

 

Material You Submit

You acknowledge that you are responsible for any material you submit via the Site, including the legality, reliability,
appropriateness, originality and copyright of such material. You may not upload, post, distribute or otherwise publish through
this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) constitutes or
encourages a criminal offense, violates the rights of any party or otherwise gives rise to liability or violates any law; or (iii)
contains software viruses, spam or other destructive or disruptive features. You may not use a false e‐mail address or other false
identity information, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload
commercial content onto the site.

If you do submit material, you grant FS‐E and its affiliates an unrestricted, non‐exclusive, royalty‐free, perpetual, irrevocable and
fully sub‐licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display
such material throughout the world in any media.

Any communication or material transmitted to the Site electronically or otherwise, including data, questions, comments,
suggestions, or the like, is and will be treated as non‐confidential and nonproprietary.

You agree that FS‐E is free to use any ideas, concepts, know‐how, or techniques contained in any communication sent to the Site
for any purpose whatsoever including, but not limited to, using that information to develop, manufacture and market products.
You grant FS‐E and its affiliates the right to use the name you submit in connection with such material. All personal information
provided via the Site will be handled in accordance with the Site’s On‐Line Privacy Policy. You represent and warrant that you
own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply
does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify FS‐E for all
claims resulting from any content you supply.

 

Conduct on the Site

Registration may be required to access some features on the Site. By registering, and by virtue of your use of the Site, you shall
provide true, accurate, current and complete information about yourself.

Passwords may be required to access some features on the Site. You are responsible for protecting your password. You agree
that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password.
If you have reason to believe or become aware of any loss, theft or unauthorized use of your password, notify FS‐E immediately.
FS‐E may assume that any communications FS‐E receives under your password have been made by you unless FS‐E receives
notice otherwise.

You shall not use contact information provided on the Site for unauthorized purposes, including marketing. You shall not use any
hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any
system, data, or personal information from the Site.

You agree not to interrupt or attempt to interrupt the operation of the Site in any way. FS‐E reserves the right, in its sole
discretion, to limit or terminate your access to or use of the Site at any time without notice. Termination of your access or use
will not waive or affect any other right or relief to which FS‐E may be entitled by law or in equity.

 

Limitations on Linking and Framing

You may establish a hypertext link to our Site as long as the link does not state or imply any sponsorship, endorsement, affiliation
or other connection of your website or service by FS‐E. However, framing, inline linking, deep linking, incorporation of FS‐E
content, material or intellectual property into another website or other service, or use of FS‐E’s proprietary marks as meta tags or
links is strictly prohibited. These marks include, but are not limited to, FS‐ELLIOTT CO., LLC, FSELLIOTT, POLARIS+, REGULUS,
PAP, PAP PLUS, PLANT AIR PACKAGE, and ARIES. Framing techniques or technology may not be used to enclose any content
included on the site without FS‐E’s express written consent. Further, Site content may not be used in any meta tags or any other
“hidden text” techniques or technologies without FS‐E’s express written consent.

 

External Links

The Site may contain links to other websites, products, services, or resources. FS‐E has no control over such sites, products,
services and resources and is not responsible for the content of such external sites, products, services or resources. Any such
links are provided as a convenience to you. FS‐E neither endorses nor makes any representations regarding any linked site and is
not responsible for the content, privacy policies, advertising, products or other materials on or available from such sites or
resources. Different terms and conditions may apply to your use of any linked sites. FS‐E is not responsible or liable, directly or
indirectly, for any damage or loss caused by or alleged to be caused by or in connection with your use of or reliance upon any
such content, products or services incurred as a result of your use of any linked sites.

 

Privacy Policy

You acknowledge that you have read and agree to the terms and conditions of the FS‐E On-Line Privacy Policy.

 

Site Modifications

The contents of this Site are offered for informational purposes only. FS‐E reserves the right, in its sole discretion, to modify or
discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. FS‐E is not liable to Site visitors or
to any third party for any modification, suspension or discontinuance of the Site. You agree that it is your responsibility to
monitor changes to the site.

 

Disclaimer of Warranties

NO WARRANTIES ARE MADE OR IMPLIED BY ANY OF THE CONTENTS OF THIS SITE, INCLUDING WARRANTIES OF TITLE;
MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; ANY WARRANTIES THAT MATERIALS ON THE SITE ARE
NON‐INFRINGING; WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS
TO THE SITE WILL BE UNINTERRUPTED OR ERROR‐FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE
SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS‐FREE; OR THAT INFORMATION ON THE SITE WILL BE
COMPLETE, ACCURATE OR TIMELY.

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FS‐E
RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY
TIME. FS‐E EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IF YOU DOWNLOAD
ANY MATERIALS FROM THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FS‐E OR THROUGH OR
FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. FS‐E DOES NOT MAKE ANY WARRANTIES OR
REPRESENTATIONS REGARDING THE USE OF MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOU
ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE
SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE
SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. YOU ACKNOWLEDGE AND
AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER FS‐E NOR ITS AFFILIATES, SUPPLIERS OR
THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, OR ANY OTHER
SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS FS‐E TAKES OR FAILS TO TAKE AS A RESULT OF
COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS
OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, FS‐E’S REMOVAL OR DELETION OF ANY MATERIALS
SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER GROUNDLESS OR
NOT, BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF FS‐E, ITS AFFILIATES OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO
ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION,
DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION‐LINE
FAILURE, NETWORK OR SYSTEM OUTAGE, LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO,
ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER FS‐E, NOR ITS AFFILIATES OR ITS SUPPLIERS SHALL BE LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY
FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH FS‐E IS TO DISCONTINUE YOUR USE OF THE SITE. YOU AND FS‐E
AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

Indemnification

You agree to indemnify, defend and hold harmless FS‐E and its affiliates and their officers, directors, employees, contractors,
agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses,
damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Site and any
violation of these Terms of Use. If you cause a technical disruption of the Site or the systems transmitting the Site to you or
others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’
fees and costs, arising or resulting from that disruption. FS‐E reserves the right, at its own expense, to assume exclusive defense
and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FS‐E in the
defense of such matter.

 

Jurisdiction

FS‐E recognizes that it is possible for you to access this Site from any jurisdiction in the world. This Site complies with the laws of
the Commonwealth of Pennsylvania and of the United States of America. Any dispute arising out of the use of this Site or its
contents shall be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, excluding its
conflict of laws provisions, through its courts in the County of Westmoreland. The U.N. Convention on Contracts for the
International Sale of Goods shall not apply and is hereby expressly disclaimed. If any material on this Site, or your use of the Site,
is contrary to the laws of the jurisdiction from which you access the Site, we ask that you not use the Site. You are responsible for
knowing and complying with the laws of your jurisdiction.

 

Changes to the Terms of Use

FS‐E reserves the rights, in its sole discretion, to change, modify, amend, add or remove any portion of these Terms of Use, in
whole or in part, at any time, by posting revised terms on the Site. It is your responsibility to periodically review the Terms of
Use for any changes. Any changes will be automatically effective upon posting to the Site, and your continued use of the Site after
any changes to the Terms of Use constitutes your acceptance of the changes.

 

Entire Agreement and Admissibility

These Terms of Use and any policies or operating rules posted on the Site constitute the entire agreement between you and FS‐E,
and govern your use of the Site, superseding all prior or contemporaneous agreements, communications or proposals, whether
oral or written, between you and FS‐E with respect to the Site. The failure of FS‐E to exercise or enforce any right or provision
will not constitute a waiver of such right or provision.

 

Severability

If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions will remain in place.

 

How to Contact Us

Questions concerning these Terms of Use may be directed to:

Legal Department
FS‐Elliott Co., LLC
5710 Mellon Road
Export, PA 15632‐8948, USA

Thank you for visiting our Site.

Last Updated – Version 3.0 – April 1, 2016

© FS‐ELLIOTT CO., LLC 2016