Legal

GENERAL PROVISIONS

Welcome to the Members Only Internet Site of the Color Pigments Manufacturers Association, Inc. ("CPMA"), an industry trade association representing color pigment companies in Canada, Mexico, and the United States. CPMA represents small, medium, and large color pigments manufacturers throughout Canada, Mexico and the United States, accounting for the bulk of the production of color pigments in North America. Color pigments are widely used in product compositions of all kinds, including paints, inks, plastics, glass, synthetic fibers, ceramics, colored cement products, textiles, cosmetics, and artists' colors. Color pigment manufacturers located in other countries with sales in Canada, Mexico, and the United States and suppliers of intermediates, other chemicals and other products used by North American manufacturers of color pigments are also members of the Association. The Color Pigments Manufacturers Association, Inc. (referred to herein as "CPMA," "we," "us," or "our") maintains this site.

BY USING THE CPMA SITE AND THE CPMA MEMBERS ONLY SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE "TERMS & CONDITIONS" OR "TERMS") ON OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE THE CPMA SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. AS A PART OF THE CPMA SITE, THE CPMA MEMBERS ONLY SITE IS COVERED BY ALL OF THE TERMS & CONDITIONS OF USE INCLUDED IN THIS DOCUMENT. YOUR CONTINUED USE OF THE CPMA SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

Some areas of the CPMA site may have different terms and conditions posted. Any such terms will not vary or replace these Terms & Conditions regarding the use of the CPMA site, unless they expressly state otherwise. Additionally, future CPMA areas of the site may contain page(s) with their own Terms & Conditions, in addition to those listed here, which you should review and with which you must agree in order to use those areas.

COPYRIGHT, TRADEMARKS AND RESTRICTIONS

The CPMA site and its contents are protected pursuant to U.S. and international copyright laws. All materials published on the CPMA site are the copyrighted property of the CPMA, or the party credited. The CPMA claims no copyright in any government or other public domain content that may be on our site. All trademarks, service marks and trade names, including but not limited to the CPMA mark, as well as other marks, owned by the CPMA are protected by state, federal, and international trademark law. All other trademarks appearing on the CPMA site are the property of their respective owners. The letters “CPMA” and the stylized paint splash, which is generally shown with the letters “CPMA”, each constitutes a registered trademark of the CPMA and neither may be used without the express written permission of CPMA.

Except where otherwise noted, permission to use materials from the CPMA site is granted, provided that (1) none of the copyright, trademark, or other proprietary notices are removed, (2) the materials are not edited or modified in any way without prior written consent, (3) use of such materials from the CPMA site is for informational and non-commercial or personal use only and may not be used in a misleading or deceptive manner, and (4) you do not use any materials, without express written permission, in a manner that suggests an association with us or any of our services, initiatives or other activities. Further, you agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the CPMA site. Materials specified above do not include the design or layout of the CPMA site.

License Requirements for Member Use of the CPMA Trademark

A license is required for members to use the CPMA trademark. The CPMA will provide a license, free of any royalty, to any member in good standing that desires to use the CPMA trademark on any product containing color pigments as a significant ingredient.  This privilege is available only to members.  With the license, the CPMA trademark may be used in member label design and member product advertising, literature and member websites. These products may include and are not limited to: pigments, pigment dispersions, paint dispersions, masterbatches, flush color or any related product of a member company.

Any member interested in using the CPMA trademark should download and print the Member License and Terms of Use for the CPMA Trademark which contains the terms and conditions for the use of the trademark. Please review, sign and date two copies of the License and send both copies to CPMA.  Upon receipt of the signed License from a member, CPMA will promptly notify the requesting member that use of the CPMA trademark may commence and return one signed original License.

LINKING TO CPMA SITE

The CPMA has no objection to links made from other sites to the CPMA site, provided that you comply with the following requirements:
(1) You may not frame or alter the appearance of the CPMA site.
(2) You may not state or imply that the CPMA endorses, sponsors or otherwise approves your site or any other site.
(3) You may not use any CPMA trademarks or logos without prior written consent. The letters “CPMA” and the stylized paint splash, which is generally shown with the letters “CPMA”, each constitutes a registered trademark of the CPMA and neither may be used without the express written permission of CPMA.
(4) In view of the dynamic nature of the Internet, and the possibility of updates and changes, we request that your link enter the CPMA site at its home page.
(5) You must abide by all of the other CPMA Terms and Conditions of use set forth herein.

SOFTWARE

If you download software or applications from the CPMA site, the software or applications, including any files, images incorporated in or generated by the software or applications, and data and instructions accompanying the software or applications (collectively, the "Software") are licensed to you by the CPMA or our third party licensors for your personal, non-commercial use. We do not transfer title to the Software to you. We (or third-party licensors) retain full and complete title to the Software and all intellectual property rights therein. Except as expressly authorized by us, you agree not to redistribute, sell, de-compile, reverse engineer, disassemble, or create derivative works based on the Software, in whole or in part.

If you have any questions regarding this notice, please send an E-mail to cpma@cpma.com.

SUBMISSIONS

At times the CPMA site may request ideas or materials that include but that are not limited to concepts, know-how, techniques, suggestions, and materials (collectively "Submission(s)"). Except as expressly provided in our Privacy Policy, in a separate written agreement between you and the CPMA, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting the CPMA a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials and/or ideas or incorporate such materials and/or ideas into any form, medium, or technology now known or later developed throughout the universe, and that all so-called "moral rights" to such Submissions have been waived. This grant of rights means that such Submissions will be owned by the CPMA, and may be used without any payment to, or further authorization by you. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction.

THIRD PARTY CONTENT AND LINKS TO OTHER SITES

At certain places on the CPMA site, users may be able to link to other Internet addresses. These other sites are not under the control of the CPMA, and you acknowledge that the CPMA is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of the site by the CPMA or any association with its operators. Use of any information on the CPMA site or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by the CPMA.

USER ACCESS - GENERAL

Certain portions of the CPMA site may be restricted to employees of, and others authorized by, good-standing members of CPMA. If a company ceases to be such, all rights to its employees or others authorized by it shall immediately terminate. Additional terms and conditions may also apply to such members' areas of the CPMA site, including the assignment of Member User Account, as a special type of User Account (as defined and described below).

We may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or content available at the CPMA site. The CPMA may also impose limits on certain features and services or restrict your access to parts or all of the CPMA site without notice or liability.

USER ACCESS - USER ACCOUNTS

User access and use of the CPMA site, or portions thereof is restricted through the use of a login and password registration mechanism or similar process (collectively "User Account"). You are responsible for maintaining the confidentiality of your User Account, and are fully responsible for all activities that occur under your User Account. You agree to (a) immediately notify us of any unauthorized use of your User Account or any other breach of security, and (b) ensure that you exit from restricted areas at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this provision.

PRIVACY AND SECURITY

We respect the privacy of visitors to the CPMA site. For more information about how we use and protect the personal information you may provide through our website, please click here to review the website's privacy policy. Note that the CPMA reserves the right to change its privacy policy at any time without notice. Please note the CPMA site may contain links to other Internet websites. Whenever you travel to another website you should review its privacy policy. The CPMA is not responsible for the contents or privacy practices of third-party sites.

NOTICE AND PROCEDURE FOR MAKING CLAIM OF COPYRIGHT INFRINGEMENT

We may give notice to our users by means of a general notice on the CPMA site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's address in our records.

The CPMA respects the rights of all copyright holders and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on a CPMA site, or your intellectual property rights have been otherwise violated, please provide the CPMA's Copyright Agent with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512.

Notification must be submitted to the following Designated Agent:
J. Lawrence Robinson
President
Color Pigments Manufacturers Association, Inc.
300 N Washington Street, #105
Alexandria, Virginia 22314
Tel: (703) 684-4044
Fax: (703) 684-1795
E-Mail: cpma@cpma.com

This contact information is for notices of copyright infringement only.

To be effective, the notification must be a written communication that includes the following:
(1) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Through this provision the CPMA seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512 or elsewhere in the law.

THANKS TO ACC FOR ASSISTANCE

CPMA gratefully acknowledges the assistance of the American Chemistry Council in the preparation of the CPMA Terms & Conditions of Use, the CPMA Privacy Policy, and the CPMA Members' Only Terms and Conditions of Use. While these materials remain the property and responsibility of the CPMA, the help of the ACC in their preparation was significant and very helpful.

NO LEGAL ADVICE

Nothing contained on the CPMA site is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between the CPMA and you by your using the CPMA site. The information provided on the CPMA site is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.

DISCLAIMER

THE CPMA SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CPMA SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CPMA SITE INCLUDING CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE COLOR PIGMENTS MANUFACTURERS ASSOCIATION, ITS MEMBERS, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT THE CPMA SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THE CPMA SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CPMA SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE CPMA, AND ON BEHALF ITS MEMBERS, ITS LICENSORS, EMPLOYEES, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR NON-INFRINGEMENT RELATED TO THE CPMA SITE. YOUR USE OF THE CPMA SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE COLOR PIGMENTS MANUFACTURERS ASSOCIATION, INC., ITS MEMBERS, ITS LICENSORS, EMPLOYEES, AND THE LIKE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE CPMA SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE CPMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE CPMA'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless and upon request defend, the Color Pigments Manufacturers Association, Inc., its members, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorneys' fees, which arise from your use or misuse of the CPMA site or breach of these Terms. The CPMA reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the CPMA in asserting any available defenses.

JURISDICTION

The CPMA site is maintained by or on behalf of the CPMA, located in the Commonwealth of Virginia, United States of America. We make no representation that these materials are appropriate or available for use in any particular location. If you use the CPMA site, you are responsible for compliance with applicable laws. By downloading or using content or features of the CPMA site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.

INTERNATIONAL USE

The CPMA makes no representation that materials on the CPMA site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the CPMA site from other locations do so on their own initiative and are responsible for compliance with local laws.

EXPORT CONTROLS

Software available through the CPMA site is subject to U.S. export controls. No software available from the CPMA site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. now or in the future embargoes goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Denial Orders, or anyone subject to any other U.S. export restrictions. By downloading or using any software available on the CPMA site or from a link to the CPMA site, you agree to the foregoing and you warrant that you are not located in, under the control of, or a national or resident of any such country on any such list, or otherwise in violation of U.S. export restrictions.

CHOICE OF LAW AND FORUM

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America. Actions brought under this Agreement shall be brought in the Commonwealth of Virginia in: (1) the Alexandria Circuit Court (18th Circuit); or (2) in the United States District Court for the Eastern District of Virginia in Alexandria, provided that federal jurisdictional requirements are satisfied. All parties agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to the CPMA site and its use.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein or expressly stated at the CPMA site, the Terms & Conditions of use constitute the entire agreement between you and the CPMA with respect to the CPMA site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the CPMA with respect to the CPMA site. If any part of these Terms & Conditions of use is held invalid or unenforceable, the remaining portions shall remain in full force and effect.

The section titles are for convenience only and have no legal or contractual effect.

TERMINATION

The CPMA reserves the right, in its sole discretion, to terminate your access to the CPMA site or an area of the CPMA site immediately and without notice. If you have any problems with these Terms & Conditions of use or with the CPMA site, your sole and exclusive remedy is to cease using the site.

SURVIVAL

In the event that your access terminates as provided herein or you cease using the CPMA site, these Terms & Conditions of use shall survive.

CONTACT INFORMATION

If you have any questions regarding these Terms & Conditions of use, please contact us at cpma@cpma.com. If you have any other questions regarding CPMA site, please contact us at:

Website Coordinator
Color Pigments Manufacturers Association, Inc.
300 N Washington Street, #105
Alexandria, Virginia 22314

Tel: (703) 684-4044
Fax: (703) 684-1795
E-Mail: cpma@cpma.com