Agreement between User and Lubrizol

Last Updated 10-11-01

PLEASE READ THESE TERMS OF USE AND LEGAL NOTICE BEFORE USING THIS SITE. IF YOU DO NOT AGREE WITH THEM, DO NOT USE THIS SITE.

The Lubrizol Corporation and/or its affiliates (collectively "Lubrizol" ) operate various Internet and Extranet sites (collectively "LZ Sites"). LZ Sites are offered to you, as user, conditioned on your acceptance, without modification, of the terms and conditions contained herein. Use of any LZ Site signifies your agreement to these terms of use. A particular site may contain additional terms, however, if any terms conflict, the terms of this Agreement shall control. Lubrizol reserves the right to change these terms and conditions and the content of LZ Sites and terminate your access to LZ Sites at any time without notice. You warrant, as a condition of use, that you will not use any LZ Site for any purpose that is unlawful or prohibited by these Terms of Use.

Disclaimer

EVERYTHING IN LZ SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, "MATERIALS"), IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON LZ SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LUBRIZOL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LUBRIZOL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT LZ SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUBRIZOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN LZ SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT LUBRIZOL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON LZ SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Lubrizol be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in LZ Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if Lubrizol or a Lubrizol authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Lubrizol's total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, for accessing any LZ Site.

Restrictions on User

Materials in LZ Sites, including but not limited to text and graphics, are the property of Lubrizol. Users may read Materials in LZ Sites; however, users may not otherwise use Materials (including but not limited to Lubrizol's names, logos, and trademarks) in any other way without the prior written consent of Lubrizol. Receipt, directly from Lubrizol, of a currently valid user id and password to use certain materials constitutes consent to use the materials for which you are specifically authorized. Unless specifically authorized, such consent does not include the right to use Lubrizol's names, logos, trademarks or other intellectual property.

Unless otherwise specified, Materials in LZ Sites are presented solely for the purpose of promoting programs, products and services of Lubrizol available in the United States and such other countries where permitted by U.S. and local law. LZ Sites are controlled and operated by Lubrizol from its offices in the State of Ohio, United States of America. Lubrizol makes no representation that Materials in LZ Sites are appropriate or available for use in other locations. Those who choose to access LZ Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Applications and programs from LZ Sites are further subject to United States export controls. No applications or programs from LZ Sites may be downloaded or otherwise exported or re-exported (i) into (or to a resident or national of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed or sanctioned goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using applications, you represent and warrant that you are not located in, under the control of, or a resident or national of any such country or on any such list.

Links to other Sites and References to Services Organizations

"References on LZ Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Lubrizol's endorsement, sponsorship or recommendation. Such references are for informational purposes only. Lubrizol is not responsible for the availability, content or any use of such referenced sites and/or organizations.

Confidential Information

"Lubrizol will endeavor to keep in a secure manner information that you submit to Lubrizol or you choose to save and/or store on or via LZ Sites

Also see Lubrizol K2M's Privacy Statement and the LubrizolK2M.net store's internet hosting service privacy policy, Yahoo Privacy Statement.

Unless the exchange of confidential information is covered by a separate written secrecy agreement and marked "Confidential" ("Confidential Information"), Lubrizol does not want to receive confidential or proprietary information from users through LZ Sites. Please note that any information other than Confidential Information sent to Lubrizol or saved and/or stored on or via LZ Sites by other than Lubrizol entities will be deemed NOT to be confidential, and that users grant Lubrizol an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at user's risk. In addition to the disclaimer paragraph above, please note that Lubrizol is not responsible for misappropriation, loss or corruption of any such information by any means.

Other

This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, USA, without giving effect to any principles of conflicts of law. All disputes arising out of this agreement that cannot be resolved by discussions, shall be submitted to the courts of Ohio unless otherwise agreed by the parties. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.

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