Terms of Use

Provider of the website basf-catalystsmetals.com (“Website”) is the BASF Environmental Catalysts and Metal Solutions LLC, a limited liability company under the laws of Delaware/USA, 33 Wood Avenue South, Iselin NJ 08830 , registered with the State of Delaware under file number 7444781, Sales tax identification number: 92-4008863 (“Provider”).

The Provider provides content, information and materials through that is copyrighted and/or trademarked work of the Provide, its third-party licensors and suppliers, or other users of the Website (collectively, the “Information”). The Information may include logos, graphics, video, images, software and other content.

The Website enables the Provider’s customers, their representatives and other end users of the Website (each a “Customer” or “you”) to access the Website and the Information, subject to these Terms of Use which govern the access to and use of the Website and the Information.

The Information on this Website is directed exclusively at other businesses and is not directed to consumers.

By accessing the Website and being given the opportunity to review these Terms of Use, the Customer agrees to be bound by these Terms of Use.

When accessing this Website and the Information, Customer must refrain from unlawful acts, breaches of the law and these Terms of Use as well as infringements of any third-party rights. Accordingly, Customer agree not to:

• Violate the legal rights (such as rights of privacy and publicity) of others.
• Use racially, ethnically, or otherwise offensive language, or discuss or incite illegal activity.
• Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated), or post anything that exploits children or minors or that depicts cruelty to animals.
• Post any copyrighted or trademarked materials without the express permission from the owner.
• Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
• Use any robot, spider, scraper or other automated means to access the Website.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
• Post anything clearly false or misleading.

This list of prohibitions provides examples and is not complete or exclusive. The Provider reserves the right to block or suspend your access to the Website or the Information at any time if we determine you have taken action or posted any content that is illegal, or is disruptive to the Website or the access to or use of the Website or Information by other. The Provider may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Provider’s discretion, the Provider will cooperate with law enforcement agencies in any investigation of alleged illegal activity related to the Website.

The Customer is obliged to keep the operating system and/or browser the Customer is using to access this Website up to date. The Customer shall be responsible for the operation of the device and for access to the Internet and shall bear the costs incurred thereby.

The service transfer point for the provision of the Website and the Information is the output of the data centre of the infrastructure used by the Provider. 

Subject to the terms and conditions of these Terms of Use, and your compliance with these Terms of Use, the Provider hereby grants each Customer a limited, personal, non-exclusive and non-transferable license to use and to display the Information and to access and use the Website solely for the Customer’s personal use and for no other purpose. This includes, as far as technically necessary, the loading and displaying of the Information on the Customer’s device and the browser used on this device. Except for the foregoing license, Customer has no other rights in the Website or any Information, and may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Website or Information in any manner.

The Provider gives the Customer the opportunity to submit comments, suggestions, questions, communications, and related materials to Provider regarding suggestions, recommendations, or improvements in relation to the Website or the Information (“Feedback”).  Any Feedback you send, transmit or otherwise provide to the Provider (whether by telephone, email, letter or otherwise), including, without limitation, suggestions, improvements and recommendations for existing or new features or functionality relating to the Website or the Information is, and will be treated as, non-confidential and non-proprietary. Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and the Company is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by applicable law, by providing Feedback to the Provider, the Customer grants the Provider a royalty-free, fully paid-up, exclusive, irrevocable and transferable license, including the right to sublicense, to use and exploit all Feedback, as Provider may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that the Provider is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

The Customer is not permitted to interfere with or manipulate the data flow of this Website nor to add or derive data through Customer’s own interfaces. Access to this Website and the Information is only permitted via the user interfaces provided.

All intellectual property rights associated with the Website and the Information, including but not limited to trademarks, copyrights, and proprietary content, are and shall remain owned by the Provider or its respective licensors. Any unauthorised use (in particular but not limited to reproduction, modification or distribution) of such content is therefore prohibited. If the Customer intends to use this content or parts thereof, the Customer may contact the Provider in advance using the details in the Legal Notice. If the Provider is not the owner of the relevant intellectual property rights, the Provider will endeavor to put the Customer in contact with the relevant licensor.

The Provider makes every effort to make the Website and the Information available within the limits of what is reasonable. However, continuous availability of the Website and the Information cannot be guaranteed. The Website, the Information and the underlying infrastructure are also regularly technically maintained.

The provision of the Website and the Information may be subject to restrictions, in particular in the event of disruptions or restrictions that are not within the Provider’s control. Furthermore, restrictions may arise in particular for the following reasons:

• for reasons of force majeure, as specified in clause 5;
• due to technical and other disruptions or measures, such as repair, maintenance, software updates, enhancements to the systems of the Website and the Information or implemented by upstream and downstream service providers, that are necessary for the proper or improved delivery of the Website and the Information; or
• due to lack of availability or capacity constraints for mobile, data and other Internet connections.

The Provider shall not be liable to the Customer for any delay or failure to comply with any performance obligation of the Provider, if the delay or failure is due to an unforeseeable event beyond the control of the Provider or Customer, which prevents the Provider in whole or in part from fulfilling its obligations, including but not limited to fire damage, floods, strikes, epidemics and pandemics, lockouts and administrative orders.

The Provider does not warrant that the Website and the included Information are correct and complete; this does not apply if the Provider has expressly declared this to the Customer in writing. The Customer must always check whether the Information is correct and suitable for the intended use before using it. 

All Information on this Website has been compiled with due care and to the best of the Provider's knowledge and is for information purposes only. Insofar as the Provider refers to third party websites via hyperlinks on this Website, the Provider cannot guarantee that the linked content is always up-to-date, correct or complete, as this content is outside the area of responsibility of the Provider and the Provider has no influence on its future design. If the Customer believes that any Information provided on this Website violates applicable law or is inappropriate, the Customer may notify the Provider using the contact information provided in the Legal Notice.

The Provider shall only be liable for damages arising from access to this Website and the Information contained therein within the scope of the statutory provisions, regardless of the legal grounds, in accordance with the following provisions:

• The Provider shall be liable without limitation for any liability which cannot be excluded or limited under applicable law, damages resulting from death or personal injury, as well as for damages caused by the wilful intent or gross negligence of the Provider, its legal representatives or vicarious agents, as well as for damages caused by non-compliance with a guarantee given by the Provider or by fraudulently concealed defects.
• For all other damages due to a breach of essential contractual obligations resulting from simple negligence by the Provider, its legal representatives or vicarious agents, the liability of the Provider shall be based on the merits of the case. Essential contractual obligations (cardinal obligations) are those whose fulfilment enables the proper implementation of the contract in the first place and on whose fulfilment the Customer may ordinarily rely. In such cases, the Provider shall be liable for an amount of compensation as would be typical for foreseeable damages in such a contract. Liability is otherwise excluded.
• Liability under the German Product Liability Act remains unaffected by the above provisions.
• Subject to clause 7.2(a), claims against the Provider for damages due to default resulting from simple negligence are excluded; Customer’s statutory rights after the expiry of a reasonable grace period remain unaffected.

The Customer is required to take appropriate measures to prevent and mitigate damage, in particular to ensure, where technically possible, appropriate security of  Customer’s data on the Customer’s devices. Liability for data corruption or data loss is limited to the typical recovery effort that would have been necessary if backup copies had been made regularly and in accordance with the level of risk, and if adequate virus protection had been used.

When processing personal data of the Customer, the Provider shall comply with the applicable data protection legislation as well as the Provider’s Privacy Notice.

These Terms of Use are governed solely by the law of New Jersey, USA, insofar as non-binding national consumer protection laws do not take precedence in Customer’s favour in accordance with the law of the country in which the Customer is domiciled or habitually resident. The application of the UN Sales Convention (CISG) is expressly excluded.

There are no ancillary agreements to these Terms of Use. Amendments and additions to these Terms of Use shall be in writing unless a stricter form is required by law. This also applies to amendments or additions to this written form clause.

Should any provision of these Terms of Use be or become wholly or partly ineffective or unenforceable, this shall not affect the validity of the remaining provisions of these Terms of Use.