Effective Date: June 8, 2018

TERMS OF USE

Copyright and Licenses

All materials and content on the Mica Corporation web site, including, but not limited to, text, images, illustrations, audio and video clips are protected by or consist of copyrights, trademarks, service marks, and/or other intellectual property rights (here and after "Intellectual Property"). The Intellectual Property is governed and protected by United States and worldwide copyright, trademark, and/or other intellectual property laws and treaty provisions, privacy and publicity laws, and communications regulations and statutes. The Intellectual Property is owned or controlled by Mica Corporation or other parties that have licensed to Mica Corporation the right to use their Intellectual Property or the right to market their products and/or services (collectively the "IP Providers"). You agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the Mica Corporation web site. You may download any Intellectual Property solely for use consistent with these Terms of Use, provided that you maintain all copyright and other notices contained in such Intellectual Property. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit any Intellectual Property in any way (including by e-mail or other electronic means) without our prior written consent or that of the IP Providers. Modification of any Intellectual Property or use of any Intellectual Property for any other purpose is a violation of the copyrights, trademark rights, and other proprietary rights. The use of any Intellectual Property on any other site or networked computer environment, or maintaining unauthorized links to the Mica Corporation web site, is prohibited by these Terms. All software, applications, and modules (collectively, "software") used on the Mica Corporation web site are proprietary to or licensed to us by other parties ("Software Providers", together with IP Providers, the "Providers"). You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Mica Corporation web site.

Further, you cannot:

  1.       use any device, software, or routine that interferes or attempts to interfere with the normal operation of the Mica Corporation web site;
  2.       perform any action that is deemed by us to impose a burden or unreasonable load on our computer equipment; or
  3.       use any "robot", "spider", or other automatic device (or a program, algorithm, or methodology with similar processes or functionalities), or any manual process or functionality, to monitor, assemble, analyze, index, copy, transmit, distribute, transfer, or link to any of the pages, data, materials, or content available on this Site.

Password Access

Access to certain areas of the Mica Corporation web site requires the use of a password which is assigned to you. Your password is to be kept confidential and is not to be disclosed to anyone other than you. You are responsible for all activities that occur through the use of your password, including any unauthorized use. You must promptly notify Mica Corporation of any unauthorized use of the password, any reasonable suspicion that the password has been hacked or is being used by someone other than you, or any other breach of security with respect to Mica Corporation. Mica Corporation, in its sole and absolute discretion, may at any time terminate or otherwise restrict access to, and use of, Mica Corporation by you.

User Information

Any content that is transmitted to us, whether via e-mail, instant messages, text messages (including through text applications), the website, direct mail, phone calls, in-person meetings, faxes, surveys, forms, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk. You hereby represent and warrant that you own or have the right to submit any content you submit to us.

You are strictly prohibited from uploading any material that contains any virus, worm, "trojan horse", "time bomb", or similar contaminating or destructive feature to the Mica Corporation web site. Violators may be prosecuted to the maximum extent of the law.

Scope of Permitted Use

You agree to use the Mica Corporation website only for the lawful purposes described above. You shall not:

  1.       post or transmit on, or through, any Mica Corporation website any libelous, obscene or otherwise unlawful information of any kind; 
  2.       interfere with, disable, modify, decompile, or reverse engineer the Mica Corporation web site in any way; 
  3.       engage in any conduct involving Mica Corporation that would constitute a criminal offense or give rise to any civil liability under any local, state, federal or other law or regulation; or
  4.       upload, post, reproduce or distribute to, or through, Mica Corporation, including any Mica Corporation web site, any material protected by intellectual property, privacy or other proprietary right without first obtaining a written license from the owner of such material.

Legal Responsibility

The Mica Corporation website may contain links to sites that are not maintained by Mica Corporation. While we make every effort to include links to only those sites that are in good taste and which are safe for our visitors, we do not regularly review materials posted on such sites. These links to other sites are provided solely as a convenience to you. We do not endorse any of the materials appearing on such sites, and shall not be responsible for, and we make no representation regarding, the content on such sites. If you choose to link to any third-party site, you do so at your own risk.

Privacy

You have read our Privacy Policy, the terms of which are incorporated herein, and agree to such terms. To review our Privacy Policy, please click here.

Disclaimer of Warranties

The services and materials on the Mica Corporation web site are provided "as is". To the fullest extent permissible by applicable law, we, and our providers or distributors, disclaim all warranties, express or implied, including, but not limited to:

  1.       implied warranties or merchantability, fitness for a particular purpose, and title to any of the services and materials provided on the Mica Corporation web site;
  2.       any warranties that the functions contained in the services and materials will be uninterrupted or error-free, that defects will be corrected, or that the Mica Corporation web site or the server that makes it available are free of viruses or other harmful components; and
  3.       any warranties regarding the use, or results of the use, of the services and materials on the Mica Corporation web site in terms of their correctness, accuracy, reliability, timeliness, or otherwise. You alone assume any and all costs arising in connection with your use of the Mica Corporation web site.

 

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall Mica Corporation, and/or our Providers, be liable for any damages to or viruses that may infect your computer equipment or other property caused by your access of, use of, or browsing on the Mica Corporation web site, or your downloading of any materials, data, text, images or other information from the Mica Corporation web site. In no event shall Mica Corporation, and/or our Providers, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential, damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with your use, or  inability to use, the Mica Corporation web site or the services or materials on the Mica Corporation web site, even if advised of the possibility of such damages.

Indemnification

You shall defend and fully indemnify us, our Providers, and each of our or our Providers’ respective officers, directors, employees, and agents, from and against any claim, cause of action, or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf or by third parties as a result of your use of the Mica Corporation web site.

Entire Agreement, Governing Law, Venue, Severability

These Terms of Use, including any other terms and conditions referenced herein, constitutes the entire agreement with respect to the Mica Corporation website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the website. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut, USA, without giving effect to any principles of conflicts of law. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

By using the Mica Corporation web site, you signify your binding agreement to these Terms of Use. We reserve the right, in our sole discretion, to change, modify, add, or remove any portion or all of these Terms of Use at any time. Please check the Terms of Use periodically for changes. Your continued use of the Mica Corporation web site following the posting of changes to these Terms of Use (including any changes in our Privacy Policy) constitutes your binding acceptance of those changes.