TERMS OF USE, PRIVACY NOTICES AND LEGAL RESTRICTIONS FOR FIBERMATERIALSINC.COM

Attention:

Please read these terms of use, privacy notices, and legal restrictions (collectively, “Terms”) carefully before using this website.

These Terms apply to all current and future users of this web site. By accessing this web site, you acknowledge and agree to be bound by and comply with these Terms. Fiber Materials Inc. and its parent, subsidiary and affiliates (“collectively referred to as “FMI” unless the context requires otherwise) reserves the right, from time to time and without notice, to change these Terms. FMI reserves the right to seek any and all remedies available at law or in equity for any violations of these Terms. You agree to defend, indemnify, save and hold harmless FMI, and FMI’s directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of this web site, or your violation or alleged violation of these Terms.

If you do not accept these Terms, do not use this website


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Warranty

The information contained within this site is offered solely for your consideration, investigation, and verification. It is not to be taken as a warranty or representation for which FMI assumes legal responsibility, nor as permission, a recommendation, a right or a license, express or implied, to practice any patented invention or to use any trademark or service mark, registered or not, without a license.

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Copyright

This web site, including all content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is owned or licensed by FMI, and is protected by United States and international copyright laws. All software used on this site is owned or licensed by FMI or their software suppliers, and is protected by United States and international copyright laws. All rights are reserved. The use, reproduction, and/or retransmission by any means without the express written permission of FMI is strictly prohibited.

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Copyright Complaints

FMI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

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Notice And Procedure For Making Claims Of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FMI’s Intellectual Property Department the written information specified below. Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c). Please note that this procedure is exclusively for notifying FMI of your allegation that your copyrighted material has been infringed.

  • An original physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site, including the Product ID or SKU number, if applicable;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

FMI’s Intellectual Property Department, for notice of claims of copyright infringement on its site, can be reached as follows:

GrafTech International Ltd.
Intellectual Property Law Department / Copyright Infringement Issue
Assistant General Counsel-Intellectual Property
12900 Snow Road
Parma, Ohio 44130
U.S.A.

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Trademarks

The following are trademarks of Fiber Materials Inc.

C3®
FiberForm®
FILCARB™
FlexFram™
FMI®
FMI….For Materials Ingenuity®
HHN™
Shape Stable Nosetip™
SSNT™
TC-2™
Ultraloom™

Hidden text used by web search engines to find websites, also known as Metatags, may not be embedded into your website using any trademarks, logos, trade dress or service marks of FMI whether those trademarks, logos, trade dress or service marks are registered or unregistered.

Trademarks, logos, trade dress and service marks of FMI may not be used in connection with any product or service that is likely to cause confusion among customers, or in any manner that disparages or discredits FMI. All other trademarks, logos, trade dress or service marks not owned by FMI that appear on this site are the property of their respective owners, who may or may not be affiliated with, or connected to FMI. Any improper or unauthorized use of a trademark, logo, trade dress or service mark of FMI will be considered and will be prosecuted.

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Privacy

FMI, its parent, subsidiary and affiliates (collectively “FMI”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. The next several sections describe our privacy policy. By visiting Fibermaterialsinc.com, you are accepting the practices described in this Privacy Notice.

As you browse Fibermaterialsinc.com, our web servers may collect information about your visit. For example, to help us better serve you and improve our site, we may monitor statistics such as:

  • How many people visit our site
  • Which pages people visit on our site
  • Which browsers people use to visit our site

FMI recognizes your need for reasonable control of personally identifiable information. The term “personally identifiable information” refers to any information associated with your name or identity. FMI uses this information to better understand your needs and to provide you with better service. To help us improve your experience on Fibermaterialsinc.com, FMI might also track your use of our website.

If you are asked to give us personal information to receive information, we may use such personally identifiable information as we would use the same information obtained in a traditional non-electronic manner. Employees of FMI who receive and process such requests are responsible for safeguarding individual customer communications and information.

FMI obtains and uses personally identifiable information for business purposes only. If you voluntarily provide information, FMI may use that information to send you products, information, or services. In order to do this, we may when necessary share information with business partners, financial institutions, shipping companies, postal authorities, or government. FMI does not sell, trade, rent, or allow others to use your or information other than as noted above. FMI may disclose information to appropriate legal authorities in special cases when we believe in good faith that: (a) such disclosure is necessary to comply with the appropriate country law, (b) disclosure is permitted by law and/or required by court order, warrant or subpoena; (c) disclosure is requested by government officials with reasonable grounds to believe that the information is a communication of a computer trespasser; (d) disclosure is necessary to legally enforce the terms of this user agreement; or (e) disclosure is deemed necessary by FMI, in its sole discretion, to protect the safety, rights or property of FMI or any other person or entity.

This site has users from all over the world. Any information you give us through this site may be transmitted to servers outside the country where the information is entered, and may be used, stored, and processed outside the country where it was entered. FMI is not responsible for the handling of information by servers outside the United States.

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FMI’s Privacy Policy Covers The Following Main Areas:

  • Awareness. FMI provides this statement to make you aware of our privacy policy. We take reasonable steps to see that it is followed within all FMI companies.
  • Accuracy. FMI strives to maintain the integrity of the data that you provide.
  • Security. FMI is committed to ensuring the security of your information.

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What About Cookies?

  • Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser.
  • The “Help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of Fibermaterialsinc.com’s features.

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Electronic Communications

When you visit Fibermaterialsinc.com, or send e-mails to FMI, you are communicating with us electronically. By this action, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. If you want to discontinue participation in our e-mail programs, you can opt out by e-mailing info@fibermaterialsinc.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

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If you choose to visit fibermaterialsinc.com, your visit, and any dispute over privacy, is subject to this Legal Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of New York, U.S.A., without giving effect to any principles of conflicts of laws.

Our business changes constantly, and our Privacy Notice and the Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our web site frequently to see any recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account.

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Use of Site

FMI authorizes you to view, copy and/or download the materials from its web site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. Such use shall not be disparaging and/or derogatory of FMI and/or its companies. You may not modify the materials at this web site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other web sites or networked computer environment for any purpose is strictly prohibited. The materials at this web site are copyrighted; and any unauthorized use of any materials on this web site may violate copyright, trademark, and other laws. Except as specified in these Terms, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of FMI or any third party. If you breach any of these Terms, your authorization to use this web site automatically terminates and you must immediately destroy any downloaded, copies and/or printed materials.

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Use of Software

If you download software from Fibermaterialsinc.com (“Software”), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.

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User Submissions

Any unsolicited material, information or other communication you transmit or post to this web site (“Communications”) will be considered non-confidential and non-proprietary. FMI will have no obligations with respect to the Communications. FMI and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this web site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

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User Chat Rooms

FMI may, but is not obligated to, monitor or review any areas on this web site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. FMI, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

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Links To Other Web Sites

Fibermaterialsinc.com may contain links to other web sites (“Links”). Links are provided solely as a convenience to you. If you use these Links, you will leave Fibermaterialsinc.com. FMI is not responsible for the content of the other web sites or privacy and condition of use practices and policies employed by them. Thus, FMI does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party web sites linked to Fibermaterialsinc.com, you do this entirely at your own risk.

Anyone linking to Fibermaterialsinc.com from another web site is subject to the Terms of this web site and must comply with all applicable laws.

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Disclaimer

THE MATERIALS PROVIDED AT FIBERMATERIALSINC.COM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The data and information contained in this web site are believed to be accurate, but may contain inaccuracies and typographical errors. FMI further does not warrant the accuracy and completeness of the materials on this web site. FMI may make changes to the materials on this web site, or to the products and prices described in them, at any time without notice. The materials presented on this web site contain time-sensitive information and may be out of date. FMI makes no commitment to update the materials on this web site except as required by law. Information published on this web site may refer to products, programs or services that are not available in your country. Consult your local FMI business contact for information regarding the products, programs and services that may be available to you.

FMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT FMI IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL FMI, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FMI SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE FMI SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

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Limitation of Liability

IN NO EVENT WILL FMI, ITS SUPPLIERS, SOFTWARE DEVELOPERS OR OTHER THIRD PARTIES MENTIONED ON FIBERMATERIALSINC.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE SUBMISSION/STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL FMI BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. FMI RECOMMENDS ONLY THOSE APPLICATIONS FOR ITS PRODUCTS THAT ARE SPECIFIED IN ITS CATALOGUES OR OTHER COMPANY LITERATURE, AND HEREBY DISCLAIMS ANY LIABILITY FOR USES OTHER THAN THOSE SPECIFIED. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT FMI IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY FMI MATERIAL, OR WITH ANY OF FMI’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

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Applicable Laws

Fibermaterialsinc.com is administered by Fiber Materials Inc. on behalf of FMI from its offices in the United States of America. FMI makes no representation that materials on this web site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials on this web site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. This web site is controlled, operated, and administered from within the United States of America. FMI makes no representation that the FMI sites are appropriate or available for use outside the United States. You are prohibited from accessing the FMI web site from countries or territories where any content on the FMI sites might be illegal or prohibited. If you choose to access this web site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any principles of conflicts of laws.

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Forward-Looking Statements

Some of the information on this web/site may include or contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements include any statements, data or other information regarding future events or the future financial performance of FMI. Please be advised that these statements involve risks and uncertainties which may cause actual results to differ materially from those projected or predicted in these statements. Our expectations and targets are not predictions of actual performance and historically our performance has deviated, often significantly, from our expectations and targets. Actual future events, circumstances, performance and trends could differ materially, positively or negatively, from those set forth in these statements due to various factors Some, but not all of these risks and uncertainties are discussed in the documents FMI files from time to time with the Securities and Exchange Commission, including FMI’s most recent Annual and Quarterly Reports on Form 10-K and Form 10-Q. You may obtain copies of these documents by contacting our Investor Relations Department.

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General

FMI may revise these Terms at any time by updating this posting. You should visit this page from time-to-time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages on this web site.

Copyright © 2013 Fiber Materials Inc. All rights reserved.

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