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FORMICA CORPORATION E-COMMERCE SITE TERMS OF USE

Effective November 22, 2024

Welcome to Formica’s E-Commerce website (the "Site"). The site is owned by Formica Corporation (“Formica”). The terms and conditions below (“Terms of Use") govern your access and/or use of our Site which, subject to the terms of these Terms of Use (as hereinafter defined), allows users to (a) browse and search for products supplied by us, and (b) obtain or procure such products. The sale of Products on this site are subject to Formica Corporation Terms and Conditions of Sales available at https://www.formicadocs.info.

By accessing or using this Site and any of the content or services provided through the Site, you acknowledge that you have read, understand and agree to the Terms of Use. The Terms of Use are subject to change from time to time, and should be reviewed for changes periodically. Use of the website after such changes constitutes your acceptance of the Terms of Use in effect at the time of such use. If you do not agree to these Terms of Use, or amendments thereto or are ineligible to access and/or use our Site, please cease all access and/or use of our Site.

In these Terms of Use, unless the context otherwise requires:

  1. the words "Formica", "us", "we" or "our" and the like means Formica;
  2. "you" (and its cognates) or "User" means the user of our Site; and
  3. a reference to "Site" shall be deemed to include all works, information and materials (including without limitation documents, policies, data, descriptions, names, logos, graphics, images, software, source codes, application programming interfaces, music, audio files or other sounds, photographs, videos, test environments, and images) which we may deploy or use in connection with our Site (collectively "Materials") and/or the goods and/or services offered therein (each a "Product").

2. SCOPE OF USE

2.1 This Site is provided by Formica. All software and content included on this site, such as text, images, and logos, are the owned or licensed property of Formica, its licensors or content suppliers and are protected by United States and other national copyright laws. Subject always to your continuing compliance with these Terms of Use, Formica grants you a personal, non-transferable, non-exclusive, non-sublicensable licence to view and use our Site and the Materials made available to you on the Site in connection with your use of the Site.

2.2 Except insofar as expressly permitted under these Terms of Use or otherwise in writing by us or as may be allowed by applicable law, you shall not (and shall not knowingly allow, permit, or assist any person to):

  1. copy, rent, lease, sub-licence, loan, translate, merge, adapt, vary or modify, disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, edit, sell, assign, transfer, distribute, license, sub-license, or create derivative works based on, the whole or any part of the Site;
  2. attempt to probe, scan, test the vulnerability of or gain unauthorised access to a system or network or to breach or circumvent security or authentication measures without proper authorization;
  3. make alterations to, or modifications of, the whole or any part of the Site, nor permit the Site to be combined with (or become incorporated with or in) any other program(s);
  4. use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, including but not limited to any act or omission that encourages or involves conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; and/or
  5. use the Site in a way that could damage, disable, overburden, impair or compromise the Site or interfere with another person's usage or access to the Site.

2.3 We may from time to time, without giving any prior reason or notice, upgrade, modify, alter, suspend, discontinue the provision of, or remove, whether in whole in part, the Site and/or any information, Materials, Product, and/or functionality provided therein, and we shall not thereby be liable to you or any third party.

2.4 IF YOU ACCESS AND/OR USE OUR SITE, AND/OR MAKE ANY ORDERS ON OUR SITE, YOU CONFIRM (AND WE ARE ENTITLED TO ASSUME WITHOUT FURTHER INQUIRY) THAT YOU ARE AT LEAST 18 YEARS OF AGE OR OF THE RELEVANT AGE OF MAJORITY UNDER APPLICABLE LAW.

3. ACCOUNTS

3.1 You will be required to register for an account with us before you are entitled to use certain functionalities within our Site. We shall have the right, in our sole and absolute discretion, to: (a) determine the criteria for registration; and (b) review, evaluate, approve and/or reject any registration, and any decision by us in connection therewith shall be final and binding on you.

3.2 In interacting with us, or by registering an account with us, you represent and warrant that: (a) you possess the legal authority to create a legally binding obligation between yourself and us; and (b) all information provided by you in connection with such interaction or registration (as applicable) is complete, true and accurate.

3.3 You are responsible for maintaining the confidentiality and security of your log-in information or password. Your log-in information and password may not be shared with or used by any other person, and may only be used as we may expressly authorize. You are solely liable for any unauthorized or otherwise unlawful use of any log-in information and password we may make available for you to access any part of this site, and you will indemnify and hold Formica harmless from any suit, Claim, Loss or damage (including attorneys' fees) arising from or relating to the unauthorized or otherwise unlawful use of any log-in information or password used to access any part of this site

4. TERMS OF SALE

4.1 If you make an order or purchase of any products (“Order”) through our Site, the terms in this Clause 4 shall apply to you.

4.2 To place an Order, you must register with us by creating an account on the Site, in accordance with Clause 3 above.

4.3 By making an Order through our Site, you agree and acknowledge that:

  1. each Order constitutes an offer by you to us for the relevant Product;
  2. your Order may be accepted or rejected in our sole and absolute discretion. A contract relating to your purchase of the Product(s) may only arise where your Order is communicated to you as having been accepted. We may contact you directly to confirm details relating to your Order, or any change to the terms of your Order (for example, unavailability of Product and/or changes in prices); and
  3. where you indicate remarks or other instructions to is in relation to any Order via our Site, we do not have any obligation to meet any requirements indicated in your remarks or other instructions.

4.4 Prices.

  1. Whilst we make best efforts to ensure that all details, descriptions and prices which appear on this Site are accurate, there may be instances where errors may occur for reasons such as technical issues or outdated product information.
  2. If we discover an error in the price of any products which you have ordered, we may, at our sole discretion, decide to cancel your Order. If this happens, we will notify you via email. If you have already paid for your Order, you will receive a full refund of the paid price.
  3. Where applicable, prices are inclusive of any applicable taxes and are in US Dollars. Delivery costs will be charged in addition as applicable; such additional charges are clearly displayed and included in the Order Total.
  4. We are under no obligation to fulfil your Order if the price listed on the Site is incorrect (even after your Order has been acknowledged by us).

4.5 Payment of the listed price for each Product shall be made to us in accordance with the accepted payment methods as indicated in on the Site. If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled, then without prejudice to any other right or remedy available to us, we shall be entitled to cancel the Order and/or our contract with you.

4.6 Payment and payment services. You agree that you shall abide by any relevant terms and conditions or other agreement that governs your access and/or use of any payment services or related functionalities (including without limitation payment methods) in connection with the acceptance and processing of payments (including in respect of payment gateway services, settlement, and refunds) ("Payment Services") made available via the Site, which may be provided by financial services providers providing or facilitating the provision of Payment Services, e.g. banks, payment services businesses, payment networks, financial institutions and other financial intermediaries (each a "Financial Services Provider"). Without limiting the generality of the foregoing, you acknowledge and agree that:

  1. by providing your credit card, debit card or other payment method details, you authorise the Financial Services Provider to charge your credit card, debit card or other payment method account, upon your confirmation of your purchase, the amount of your purchase, including all fees and taxes thereon. You hereby grant Formica your consent to collect, use and disclose to any third party your booking/reservation and credit card details in connection with your booking/reservation and any processing of your requests relating thereto;
  2. the fullest extent of our obligations in connection with any such Payment Services is only to facilitate the making available of such Payment Services by Financial Services Providers to you on a "pass-through" basis and "as received" by you;
  3. you shall render reasonable cooperation and assistance to us to enable us to comply with any terms and conditions imposed from time to time on us by such Financial Services Provider in connection with Payment Services; and
  4. we may from time to time, add, remove, modify or discontinue, temporarily or permanently, any payment processing method in our sole and absolute discretion.

4.7 Delivery.

  1. We aim to deliver the Product to you at the place of delivery requested by you in your Order and the delivery date and time indicated by us at the time of your order checkout (as updated in the Order acknowledgement).
  2. We will attempt to notify you if we expect to be unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.

4.8 Returnable containers. Returnable containers (if any) shall remain the property of Formica. you shall maintain them in good condition and not use them to hold any other products.

4.9 Transfer of property and risk of loss. Unless otherwise indicated in these Terms of Use, risk of loss or damage to and responsibility for products in your Order shall pass to you upon delivery to carrier at shipping point. No shipment shall be diverted or re-consigned without Formica’s prior written consent. Unless otherwise expressly stated, Formica shall select means of transportation and routing at its sole discretion. Formica retains title to all products sold to you until Formica receives payment in full of all amounts due in connection with the sale and Order thereof. You grant Formica a purchase money security interest in all goods sold hereunder to secure payment of the purchase price.

4.10 Product disclaimers. All product descriptions, information and materials posted on our Site are provided ‘as is’ and without warranties express, implied or otherwise, and however arising. Product images as seen on our Site may slightly differ from the actual product that you receive

4.11 Claims.

  1. You shall inspect products for nonconformity with the specifications provided on our Site promptly upon receipt. Failure by you to give Formica written notice of claim within 30 days from date of delivery or, in the case of non-delivery from the date fixed for delivery, shall constitute a waiver by you of all claims in respect of such products.
  2. We will examine any products which you claim are non-conforming and we will advise you on the status of a replacement or refund (if any) via email as soon as practicable. All sales are final. Formica may at its discretion refuse to process a replacement/exchange order.

4.12 Refunds and cancellation of orders. All sales are final, and no returns, replacements or refunds are permitted. If a replacement, return and/or refund is granted for any Order (for any reason), the Order may be reversed, and you further agree to bear all taxes and other duties payable thereon (including in the case of bank transfers). We reserve the right to modify the mechanism of processing refunds from time to time without notice to you.

4.13 Excuses for non-performance. If the manufacture, transportation, delivery, or receipt by either party of any Products is prevented, restricted or interfered with by reason of any event or cause whatsoever beyond the reasonable control of the party so affected, such party shall be excused from making or taking deliveries hereunder to the extent of such prevention, restriction or interference, and neither party shall be liable to the other for default or delay in performing its obligations, except payment obligations. If by reason of any such event or cause, the quantities of the products covered hereby, or of any materials used in the production thereof, reasonably available to Formica shall be less than its total needs for its own use and for sale, Formica may allocate its available supply of any such products among its existing or prospective purchasers and/or its own departments, divisions and subsidiaries in such manner as Formica deems reasonable, without thereby incurring liability for failure to perform this contract.

5. PRIVACY POLICY

5.1 It is a continuing condition of your access and/or use of our Site and the functions and programmes available therein that you agree and consent to the collection, use and disclosure of your personal data for the purposes set out in our privacy policy as amended from time to time, available at www.formica.com ("Privacy Policy"). The terms of the Privacy Policy are hereby incorporated into these Terms of Use by reference

6. DISCLAIMERS

6.1 THE SITE, MATERIALS AND/OR PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED IN CONNECTION WITH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORMICA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FORMICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE PRODUCTS, USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, COMPLETENESS OR OTHERWISE.

6.2 FORMICA EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND FORMICA DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

7. LIMITATION OF LIABILITY

7.1 FORMICA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR CONNECTED WITH THE SITE, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, INCLUDING THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS SITE, EVEN IF FORMICA, AN AFFILIATE OF FORMICA, OR AN AUTHORIZED REPRESENTATIVE OF EITHER OF THEM, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FORMICA'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 TO FORMICA.

8. IDEMENITY

8.1 For the purposes of these Terms of Use, unless the context otherwise requires:

  1. "Claim" means any claim, action, application, demand, proceeding, threat or any other analogous claims; and
  2. "Loss" or "Losses" includes all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), penalties, fines, charges, fees, expenses, actions, proceedings, damages, Claims, demands and other liabilities, whether foreseeable or not.

8.2 You hereby unconditionally undertake to indemnify, defend and hold Formica, as well as their respective employees, servants, officers, agents, directors, partners and/or permitted assigns (collectively, the "Indemnitees") harmless from and against any and all Losses which may be sustained, instituted, made or alleged against (including without limitation any Claim or prospective Claim in connection therewith), or suffered or incurred by any Indemnitee, and which arise (whether directly or indirectly) out of or in connection with:

  1. your breach of your representations, warranties, undertakings or obligations under these Terms of Use;
  2. your breach of any applicable law;
  3. your violation of any rights, including without limitation the intellectual property rights of any third party;
  4. any transactions entered into by you;
  5. your access and/or use of our Site (including the functions available via our Site) and/or any Product (including without limitation any Claims by or against any Financial Services Provider); and/or
  6. any action taken by us either as part of our investigation of any suspected breach of these Terms of Use or as a result of our finding or decision that a breach of these Terms of Use has occurred.

9. USER CONTENT

9.1 For the purposes of these Terms of Use, "User Content" refers to content created, transmitted, posted and/or uploaded by you on the Site, including customer reviews, materials, information, news, advertisements, listings, data, input, text, songs, audio, videos, photographs, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, and other content.

9.2 We shall not have any responsibility to monitor, pre-screen or exercise editorial control over User Content. Notwithstanding the foregoing, we shall have the right in our sole and absolute discretion to screen, delete and/or remove any User Content, including if we regard it, in our sole and absolute discretion, to be false, misleading or deceptive, if we receive a complaint from another User or a notice of intellectual property infringement or other legal instruction for removal, or which in our sole and absolute opinion violates these Terms of Use, or is otherwise illegal or objectionable, or any other reason as we may see fit.

9.3 You warrant and represent to us that when you post and/or upload User Content to the Site, the User Content is original to you, you are the owner of all intellectual property and other rights to the same, and your posting and/or uploading of User Content on our Site will not expose us or other users to any intellectual property Claims relating to such User Content.

9.4 We may also block communication by you (including but not limited to feedback, postings, messages and/or chats) to or from the Site as part of our effort in protecting our Site and/or our other Users, or otherwise enforcing the provisions of these Terms of Use.

10. INTELLECTUAL PROPERTY RIGHTS

10.1 We or our licensors (as the case may be) shall respectively retain all rights, title and interests in and to any intellectual property rights owned by or licensed to us which are or have been developed, conceived, originated, created and/or generated independently of these Terms of Use (and/or outside the course of performance of these Terms of Use), whether prior to the effective date of these Terms of Use or otherwise. Any intellectual property rights developed, conceived, originated, created and/or generated via our Site shall vest solely in us. Any goodwill and/or custom arising from any use of our Site shall enure solely to us.

10.2 You acknowledge and agree that our Site, as well as any Materials and Products provided via our Site, and all intellectual property rights comprised in and associated therewith (collectively, "Site IPR") which you may have access to are owned by Formica or the relevant third parties (as the case may be, and as applicable) ("Relevant Owner").

10.3 If you introduce, upload or post any User Content on or through our Site, you hereby agree to:

  1. grant to Formica an unlimited, non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable right to use and exercise any of the rights comprised in any intellectual property and/or other rights (including without limitation, rights in copyright, publicity, and database rights) comprised in such User Content, including without limitation the rights to host, use, distribute, modify, run, copy, publicly perform, communicate, display, translate and create adaptations and derivative works of your User Content;
  2. irrevocably waive and agree never to assert, any and all Moral Rights (as defined below) that you may have in or with respect to any User Content made or conceived during performance of these Terms of Use, during and after the term of these Terms of Use. "Moral Rights" includes without limitation any rights to claim authorship of any work, to be identified, against false identification, to not be falsely identified, to object to or prevent the modification of any work, to not have an altered copy of a work be represented as unaltered, to withdraw from circulation or control the publication or distribution of any work, to have his, her or their name on the work, and any similar right, existing under judicial or statutory law of any country in the world, or under any treaty, including under Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886, regardless of whether or not such right is called or generally referred to as a "moral right.".

10.4 You agree that you shall not reproduce, distribute, adapt, modify, republish, display, broadcast, hyperlink, frame or transmit in any manner or by any means or store in an information retrieval system, any part(s) of the Site IPR without the prior written permission of the Relevant Owner. Any rights not expressly granted herein are expressly reserved.

10.5 Nothing in these Terms of Use confers on you any rights to use "Formica" and any other trade marks, service marks, logos, get-up, trade names, goodwill, internet domain names, slogans, product names and designations and other proprietary indicia used as part of our Site, all of which are and remain the property of Formica or the Relevant Owner(s).

11. TERMINATION

11.1 We shall have the right to terminate your access and/or use to our Site (or any part thereof) for whatsoever reason, and without any prior notice to you.

11.2 In the event of termination of your access and/or use of any Site, you shall remain liable for all payment transactions and/or any other obligations you may have incurred under these Terms of Use.

12. CHANGES AND MODIFICATIONS

12.1 Formica, at its sole discretion, may change, modify, revise and or remove any portion of these Terms of Use in whole or in part, at any time. Changes in these Terms of Use will be effective when posted. Any use of the Site after such notice shall be deemed to constitute acceptance of such changes, modifications, or revisions. Formica may modify its Products or services at any time.

12.2 Formica may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Formica may also impose limits on certain features and services or restrict your access to parts of or the entire Site without notice or liability. Formica may terminate the authorization, rights and license given to you, as provided herein, at any time.

13. THRID-PARTY PROVIDERS AND SITES AND EXTERNAL LINKING TO THE SITE

13.1 On the Site, Formica may provide links or other access to websites or to payment processing functions operated by other entities as a convenience to Site users. If you use these site links, you will leave Formica's Site. Formica makes no warranty or representation regarding, and does not endorse, any linked web sites or the information appearing thereon or any of the products or services described thereon. Formica disclaims all liability with regard to your access to such linked web sites.

13.2 If you would like to link to this Site, you may do so only on the basis that you link to, but do not replicate, the home page of this Site. By establishing a link to this website, you will be deemed to have agreed to the following conditions:

  1. you will not remove, distort or otherwise alter the size or appearance of any text, description, image or content displayed on this website or any Formica logo, trademark, service mark, copyright, or other intellectual property;
  2. you will not create a frame or any other browser or border environment around this Site and you will not replicate or mirror any content on this website;
  3. you will not in any way claim, represent or imply that Formica endorses any products or services other than its own;
  4. you will not misrepresent your relationship with Formica nor communicate any false, misleading or disparaging information about Formica, its products, or its affiliates, employees or customers;
  5. you will not otherwise use any Formica trademarks or service marks displayed on this Site without express written permission from Formica, and you shall make no use of such marks in a manner that is likely to cause confusion with, dilute or damage the goodwill in any Formica trademark or service mark;
  6. you will not link from a website that is not owned by you; and
  7. your will not link this website to any other digital destination that contains content that is distasteful, pornographic, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations;
  8. you will immediately remove and disable all links to this website upon Formica’s request.

13.3 Formica expressly reserves the right to revoke the right granted in this section for breach of these terms or for any other act that Formica determines, in its sole discretion, may damage Formica or its business in any way, and to take any action it deems appropriate including, without limitation, disabling or blocking any link to this website and seeking appropriate legal remedies. On request by Formica, you promptly will remove and disable any link to this website. You shall fully indemnify Formica for any loss or damage suffered by Formica for breach of any condition stated in this Section and for any loss, damage or claim arising from or relating to your link to this website. Formica does not warrant or guarantee that any link to this website will be functional, and assumes no responsibility to assure that any link will access the site.

14. TRADEMARK AND COPURIGHT INFORMATION

14.1 Trademarks and service marks that appear on the Site are trademarks of Formica or one or more of its affiliates and may not be used in connection with any product or service that is not Formica's or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Formica. All trademarks and copyrights, unless otherwise noted, are owned or licensed by Formica and its subsidiaries. All other brand names, product names, or trademarks belong to their respective holders.

15. GOVERNING LAW

15.1 These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to principles of choice of law. The courts of Hamilton County, Ohio, USA have exclusive jurisdiction to hear disputes arising between the parties to these Terms of Use.

16. GENERAL TERMS

16.1 Assignment: These Terms of Use are personal to you, and shall not be assigned or novated either as to the whole or any part thereof, without our prior written consent. We may, by notification to you, assign or novate the whole or any part of these Terms of Use to any party, and you shall be deemed to have consented to such assignment or novation, which shall be effective on the date that we notify you.

16.2 Force Majeure: Save as otherwise specifically provided in these Terms of Use, we shall not be liable for failures or delays in performing our obligations hereunder arising from any cause beyond our control, including acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, pandemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems ("Force Majeure Event") and in the event of any Force Majeure Event, the time for our performance may be extended by us at our sole and absolute discretion for a period equal to the time lost by reason of the delay.

16.3 Illegality/Severability: The provisions of these Terms of Use are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason, any remaining portion of that provision, and all other provisions of these Terms of Use, shall remain valid and enforceable to the fullest extent permitted by applicable law in order to give effect to the intentions of the parties to these Terms of Use.

16.4 No Partnership: The parties to these Terms of Use hereto are independent contractors, and nothing in these Terms of Use shall create, or be deemed to create, a partnership, joint venture or agency relationship between the parties to these Terms of Use.

16.5 No Waiver / Cumulative Rights: No omission or delay by a party to these Terms of Use in exercising any or part of its rights under these Terms of Use shall operate as a waiver thereof. Unless expressly stated otherwise (i.e. expressed to be an exclusive right or remedy), the rights and remedies provided in these Terms of Use are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise).

16.6 Entire agreement. These Terms of Use, the Privacy Policy, and any terms of sale constitute the entire agreement between you and Formica with respect to the viewing and use of this Site. No modification to these Terms of Use shall be effective unless it is executed by Formica. Any alleged waiver of any breach of these Terms of Use shall not be deemed to be a waiver of any future breach. A printed version of these Terms of Use or any notice given by Formica in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Formica in printed form.

 

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