Disclaimer

United Chemical Technologies, Inc. grants you access to our website and e-commerce store, located at unitedchem.com, conditioned on your acceptance of these Terms of Use.

 PLEASE READ THESE TERMS OF USE CAREFULLY. tHESE Terms of Use constitute a legally binding agreement BETWEEN you and us, and BY USING THE WEBSITE, YOU AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE IMMEDIATELY.

 Binding Arbitration
These Terms of Use provide that all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the section below entitled, “Dispute Resolution; Arbitration Agreement” for the details regarding your agreement to arbitrate any disputes with us.

Modifications to These Terms of Use
We reserve the right, in our sole discretion, to modify these Terms of Use at any time without notice to you. We will post all modifications to these Terms of Use on the Website and they will become effective immediately upon being posted to the Website. Your continued use of the Website following the posting of such modifications constitutes your acceptance of them. Therefore, you should check the Effective Date of these Terms of Use each time that you visit the Website and review any modifications made since the last time that you visited it. 

Account
To access certain features of the Website, you may be required to create an account with us. To create an account, you will be required to provide certain information to us, including certain personal information. All information that you provide to us when creating an account or otherwise when using the Website must be accurate and complete and you must promptly update that information as necessary to ensure that it remains accurate and complete.

Privacy Policy

We will treat all personal information that you choose to provide to us through the Website in accordance with our privacy policy located at https://www.unitedchem.com/privacy-policy/ (the “Privacy Policy”). By using the Website, you consent to the privacy practices set forth in the Privacy Policy.

Modifications to the Website
We may terminate, change, suspend or discontinue any aspect of the Website at any time without notice or liability to you.

Proprietary Materials
The Website contains content, information, trademarks and other proprietary materials that belong to us and our licensors and that are protected by copyright, trademark and other intellectual property laws (collectively, “Proprietary Materials”).

You should assume that everything on the Website is Proprietary Materials, and you shall not reproduce, distribute, publicly display, publicly perform, create derivative works of or otherwise use or exploit Proprietary Materials in any way without our prior written consent. Commercial use of Proprietary Materials is strictly prohibited. All rights not expressly granted herein are reserved to us and our licensors.

Restrictions
You agree that you will not yourself or through any third party: (i) use the Website in a manner that violates applicable laws or the rights of third parties, including intellectual property laws and third-party rights with respect thereto; (ii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or which may harm us or users of the Website; (iii) violate the security of the Website, including using any device, software or routine that interferes with the proper functioning of the Website, accessing or attempting to access any systems or servers on which the Website is hosted, modifying or altering the Website in any way and forging headers, misrepresenting your identity or otherwise manipulating identifiers to deceive others; (iv) use automated data extraction tools or manual processes to extract Proprietary Materials from the Website; or (v) remove, conceal or alter any identification, copyright or other proprietary rights notices or labels on the Website. 

Feedback
You may provide us with error reports, suggestions, ideas and other feedback regarding the Website (collectively, “Feedback”).  If you provide any Feedback, you hereby assign to us all right, title and interest in and to such Feedback, including all intellectual property rights embodied therein.

 

E-Commerce Store Terms and Conditions

Prices
Our prices are subject to change without notice. The price in effect when we receive your order will apply. All prices are in US Dollars and are shipped F.O.B. Terms of payment are net 30 days.

 Minimum Orders
We welcome all orders; therefore, we do not have a minimum order requirement. When ordering, please include your purchase order number, complete “Ship To” and “Bill To” address, catalog number, quantity, and description of product(s). Also include your name and a phone number where you can be reached should we have any questions concerning your order. Custom items will be evaluated on an individual basis; quantity requirements may be necessary.

 Shipments
Normal processing is within 24-48 hours after receipt of an order. Unless special shipping requests have been made, our trained staff will send all orders by UPS Ground service. The appropriate shipping charges (freight & insurance costs) will be added to the invoice, unless otherwise instructed by the customer.

 Special Pricing
We offer special pricing for volume purchases and standing orders. Please call a sales representative for more information on special pricing qualifications.

 Return Policy
Our Quality Manager will handle all returns. Before returning merchandise, please call to obtain a return authorization number from your sales representative. We will need to know the reason for the return, date of purchase, purchase order number and invoice number in order to issue a return authorization number. Returned merchandise must be received before a credit can be issued. Returns will not be accepted after 90 days. A restocking fee of 25% of the price paid, or a minimum of $25.00 (whichever is greater) will be charged on all returns.

 

Third-Party Websites
We may include links on the Website to third-party websites that we do not control or operate (each, a “Third-Party Website”). We are not responsible for any information, content, advertising, products, services or other materials on any Third-Party Website, and the presence of such links does not constitute our endorsement, approval or sponsorship of any Third-Party Website. If you choose to link to any Third-Party Website, you are doing so at your own risk and you will be subject to the Terms of Use of that website. Therefore, before interacting with any Third-Party Website, you should consult the applicable Terms of Use. We expressly disclaim any and all liability resulting from your use of any Third-Party Website.

Disclaimer
THE WEBSITE, PROPRIETARY MATERIALS AND PRODUCTS SOLD THROUGH THE WEBSITE ARE PROVIDED “AS-IS”, “WHERE-IS” AND “AS-AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UCT HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND OUR MEMBERS, STOCKHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY, THE “UCT PARTIES”) ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  NEITHER UCT NOR ANY OF THE UCT PARTIES REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES UCT OR ANY OF THE UCT PARTIES MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, QUALITY, PERFORMANCE OR SUITABILITY OF THE WEBSITE, PROPRIETARY MATERIALS OR ANY PRODUCTS SOLD THROUGH THE WEBSITE.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL UCT OR THE UCT PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (I) CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, INDIRECT OR SPECIAL DAMAGES OF ANY NATURE ARISING FROM BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, WHETHER IN TORT OR CONTRACT, EVEN IF SUCH PARTY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING, INCLUDING DAMAGES FROM INTERRUPTION OF BUSINESS, LOSS OF INCOME OR OPPORTUNITIES, LOSS OF DATA, COST OF RECREATING DATA OR COST OF CAPITAL OR (II) DIRECT DAMAGES IN EXCESS OF ONE ($1) U.S. DOLLAR.

Indemnification
You shall indemnify, defend and hold harmless UCT and the UCT Parties from and against any and all claims, actions, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys’ fees, costs of collection and other costs of defense) arising out of or relating to your use of the Website, including orders that you place through the Website, or Proprietary Materials or your violation of these Terms of Use.

Termination of these Terms of Use
We may, without notice to you, immediately terminate these Terms of Use and deny you access to the Website and Proprietary Materials if you breach these Terms of Use or engage in conduct that we, in our sole discretion, believe is in violation of applicable law or our rights or the rights of other users of the Website.

Upon termination of these Terms of Use, your right to use the Website and Proprietary Materials will immediately terminate, but your obligations with respect to orders that you placed through the Website during the term of these Terms of Use will survive. 

Complete Agreement
These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to the subject matter hereof and thereof and supersede all prior and contemporaneous agreements, whether oral or written, between us and you with respect to the same.

Dispute Resolution; Arbitration Agreement

We and you agree that all disputes arising from or relating to the Website or any relationship or dispute between you and us or you and any company or person employed by us, these Terms of Use and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) will only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act to the maximum extent permitted by applicable law. You further agree that we shall not have a legal obligation to mitigate any of our potential or actual losses sustained hereunder.

WE AND YOU GIVE UP OUR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NEITHER WE NOR YOU SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. Neither we nor you agree to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons.

If we and you are unable to resolve a Dispute by informal means, the arbitration of that Dispute will be administered by the American Arbitration Association (AAA) in Philadelphia, Pennsylvania in accordance with the Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the United States District Court for the Eastern District of Pennsylvania or in any Pennsylvania state court of competent jurisdiction with venue lying in Philadelphia County, Pennsylvania to the exclusion of all other forums.

Governing Law
All Disputes will be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without reference to the choice of law provisions of any jurisdiction. 

Severability
If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use will remain in full force and effect.

Contact Us
If you have any questions about these Terms of Use, please contact us at info@unitedchem.com