ArchiTech Terms of Use

 

By using this website you understand and agree that these Terms of Use (“Terms”) form a contract between you and GrafTech International Holdings Inc. (“GrafTech”) that exclusively governs your use of this website and any information contained therein.  By using this website, you confirm that you have read and understand the Terms and agree to be bound by them.

 

1.  Acceptance of Terms

 

                (a)  By using this website (the “Site”) in any way, including by using, transmitting, or uploading any information, data, documents, or reports including any and all arc furnace monitoring data and analysis, (collectively “Information”), you agree to be bound by these Terms. 

 

                (b)  The Site is provided for registered ArchiTech users (“Users”) to provide access to the Information for the purposes authorized by these Terms.  By using the Site, you represent that you are a User properly authorized by GrafTech to access the Site.

 

                (c)  Please note that GrafTech may change the Terms from time to time at its sole discretion.  When such changes are made, GrafTech will make a new copy of the Terms available on the Site.  GrafTech reserves the right to amend and update the Terms without notice to you.  Your continued use of the Site, including the continued access to all Information, is subject to the most current version of the Terms posted on the Site at the time of such use.  Please check the Site regularly to view the current Terms.

 

2.  Use of the Information

 

                (a)  By using the ArchiTech system, you grant GrafTech a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, create derivative works from, publish, translate, and display the Information in the following ways:  (i) to provide analysis and reports of Users location Information; (ii) to provide aggregated and/or anonymous data to other Users; and (iii) for analysis or any other purpose related to GrafTech’s business. 

 

3.  Ownership

 

                (a)  GrafTech reserves all intellectual property and other proprietary rights in the Site and in any materials generated by GrafTech using the Information as permitted by these Terms. 

 

                (b)  The trademarks, logos, and service marks displayed on the Site (the “Marks”) are the property of GrafTech or third parties.  You are not permitted to use the Marks without the prior, express consent of GrafTech or the third party that owns the applicable Marks. 

 

4.  User Conduct  

 

You agree not to:

 

(a) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;

(b) Access or use the Site in any manner that could damage, disable, overburden or impair any GrafTech server or networks used for the Site;

(c) Disrupt or interfere with the security of, or otherwise cause harm to, the Site or accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites or introduce any virus, malware or code intended to do any of the foregoing; or

(d) Improperly access any Information other than User’s own data.

 

5.  GrafTech Rights

 

                (a)  GrafTech  may, in its sole discretion, (i) terminate your status as a User at any time or (ii) discontinue the Site.

 

                (b)  Except to the extent prohibited by applicable Law, GrafTech is entitled to disclose any Information or data in GrafTech’s possession in connection with the Site to (i) comply with applicable law, legal process or governmental request; (ii) enforce the Terms; (iii) protect the rights, property or personal safety of GrafTech, its Users or the public, and law enforcement or other government officials, as GrafTech in its sole discretion believes to be necessary or appropriate.

 

6.  Modifications

 

                GrafTech may at any time and from time to time modify or discontinue, temporarily or permanently, the Site or any portion thereof, with or without notice.  You agree that GrafTech shall not be liable for any modification, suspension or discontinuance of the Site.

 

7.  Termination

               

                (a)  Except for the license granted to GrafTech with respect to the Information, which shall survive termination, GrafTech may at any time terminate this agreement if:

 

(i) you have breached any provision of the Terms, or otherwise indicate via your acts an intent do not comply or inability to comply with the Terms;

(ii) GrafTech is required to do so by any applicable law;

(iii) GrafTech has elected to discontinue the Site or any portion thereof.

 

(b)  You agree that all terminations for cause shall be made at GrafTech’s sole discretion and that GrafTech shall not be liable to you or any third party for any termination of access to the Site or any portion thereof.

 

12.  Disclaimers

 

                (a)  THIS SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  WITHOUT LIMITING THE FOREGOING, GRAFTECH MAKES NO WARRANTY THAT (I) THE SITE OR ANY PART THEREOF WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY PART THEREOF WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE SITE OR ANY PART THEREOF WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE SITE OR ANY PART THEREOF WILL BE CORRECTED.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRAFTECH OR THROUGH OR FROM USE OF THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

 

13.  Limitation of Liability

 

                IN NO EVENT WILL GRAFTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR CLIENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT FORESEEABLE OR WHETHER GRAFTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

17.  Dispute Resolution

 

                (a)  All matters relating to your access to, or use of, the Site, including any use by GrafTech of Information submitted via the Site, shall be governed by the Laws of the State of Ohio, without regard to conflict of laws principles.  You agree that any claim or dispute you may have against GrafTech must be resolved by a court located in Cuyahoga County, Ohio, except as otherwise agreed by and between the parties.  You agree to submit to the personal jurisdiction of the courts located in Cuyahoga County, Ohio for the purpose of litigating such claims or disputes.

                (b)  Notwithstanding the foregoing, in the event of your or others’ unauthorized access to or use of the Site or any part thereof in violation of the Terms you agree that GrafTech shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

 

18.  General

 

                (a)  Any notice provided to GrafTech pursuant to the Terms should be sent to: Graftech International LTD, General Counsel, 12900 Snow Road, OH 44130.

                (b)  These Terms constitute the entire agreement between GrafTech and you with respect to your access to or use of the Site and and supersede any prior agreements between you and GrafTech with respect to such subject matter.

                (c)  If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.

                (d)  Any failure by GrafTech to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.