HELENACONNECTS.COM

USER AGREEMENT

 

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH HELENA CHEMICAL COMPANY (THE "COMPANY") OFFERS YOU ACCESS TO THE HELENACONNECTS.COM (THE "SITE") WEBSITE SERVICES.

Please read this agreement carefully. By accessing our Site you agree to be bound by the terms and conditions below.

All information on the Site is presented in good faith and believed to be correct. HOWEVER, THE COMPANY AND OUR SUPPLIERS PROVIDE THE SITE AND SERVICES ON AN "AS AVAILABLE" AND "AS IS" BASIS AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE SITE.

Any dispute arising as a result of your use of our Site shall be resolved by reference to the laws of the State of Tennessee and any legal procedures shall be brought in said state. In no event shall the Company or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site, our services or this Agreement (however arising, including negligence). If any part of this limitation of liability is found to be invalid, inapplicable or unenforceable for any reason, then the aggregate liability of the Company and its affiliates in such circumstances for liabilities that otherwise would have been limited shall not exceed $100.

References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information do not necessarily constitute or imply an endorsement, sponsorship or recommendation of the third party, information, product or service by the Company. The Company does not endorse nor make any warranties or representations about any website you may access through the Site. Any links to other sites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.

Notwithstanding anything else contained in this Agreement, the Company shall not be liable to you for your use of a web site linked to the Site, including any incidental, special, indirect, foreseeable or consequential damages (including but not limited to loss of profit, loss of savings, loss of goodwill, loss of income or damages stemming from: (1) breach of computer or data transmission or security (2) computer failure or malfunction; or (3) inaccurate data or loss of data or any and all other damages or losses (even if the Company has been advised of the possibility of such damages).

Any questions regarding this Agreement should be directed to:

Legal Department

Helena Chemical Company

225 Schilling Blvd., Suite 300

Collierville, TN 38017

Fax: (901) 537-8677