Effective Date: 08.05.2019

These Terms and Conditions of Use (hereinafter “Terms of Use”) apply to the Oxbow Machine Products Inc. (“Oxbow”) website located at www.oxbow-machine.com, and all associated websites linked to and with www.oxbow-machine.com by Oxbow, its subsidiaries and affiliates, including Oxbow websites around the world (collectively, the “Website”). The website is the property of Oxbow and its licensors. Access to all website files and functions is given to the User on the condition that he/she accepts and agrees with the Terms of Use of the website. Use of the website indicates the User’s consent with these Terms. If the User does not agree with the current Terms of Use, he/she should leave the website.Oxbow reserves the right, at its sole discretion, to modify, change, remove or add portions of these Terms of Use, at any time. It is your sole responsibility to periodically review these terms for any changes. The User’s ongoing use of the website after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes. As long as you comply with these Terms of Use, Oxbow grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

Effective Date: 08.05.2019

These Terms and Conditions of Use (hereinafter “Terms of Use”) apply to the Oxbow Machine Products Inc. (“Oxbow”) website located at www.oxbow-machine.com, and all associated websites linked to and with www.oxbow-machine.com by Oxbow, its subsidiaries and affiliates, including Oxbow websites around the world (collectively, the “Website”). The website is the property of Oxbow and its licensors. Access to all website files and functions is given to the User on the condition that he/she accepts and agrees with the Terms of Use of the website. Use of the website indicates the User’s consent with these Terms. If the User does not agree with the current Terms of Use, he/she should leave the website.

Oxbow reserves the right, at its sole discretion, to modify, change, remove or add portions of these Terms of Use, at any time. It is your sole responsibility to periodically review these terms for any changes. The User’s ongoing use of the website after publication of any possible changes to the current Terms indicates the User’s consent with the effective changes. As long as you comply with these Terms of Use, Oxbow grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.

The website may provide links to third-party websites, which are not under the control of Oxbow. Oxbow makes no representations about third-party websites. When you access a third-party website, you do so at your own risk. Oxbow is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. Oxbow provides these links merely as a convenience. The inclusion of such links does not imply that Oxbow endorses, recommends, or accepts any responsibility for the content of such websites.

The website may provide links to third-party websites, which are not under the control of Oxbow. Oxbow makes no representations about third-party websites. When you access a third-party website, you do so at your own risk. Oxbow is not responsible for the reliability of any data, opinions, advice, or statements made on third-party websites. Oxbow provides these links merely as a convenience. The inclusion of such links does not imply that Oxbow endorses, recommends, or accepts any responsibility for the content of such websites.

OXBOW DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OXBOW CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OXBOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OXBOW DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY OXBOW SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST OXBOW FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

OXBOW DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OXBOW CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. OXBOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OXBOW DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR ANY OXBOW SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED WEBSITES. YOUR SOLE REMEDY AGAINST OXBOW FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Customer agrees to indemnify, defend, and hold harmless Oxbow (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Oxbow by reason of, or arising from the following:

• Customer's breach of these Terms.
• Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person.
• Customer's actual or alleged failure to promptly pay sums due Oxbow or third parties.
• Customer's failure to comply with applicable laws, regulations or ordinances.
• The acts or omissions of Customer (or its officers, directors, employees or agents).

Customer agrees to indemnify, defend, and hold harmless Oxbow (and its affiliates and their respective officers, directors, employees and agents) from and against any and all losses, costs, obligations, liabilities, damages, actions, suits, causes of action, claims, demands, liens, encumbrances, security interests, settlements, judgments, and other expenses, (including but not limited to cost of defense, settlement, and reasonable attorneys' fees) of whatever type or nature, including, but not limited to, damage or destruction to property, injury (including death) to any person or persons, which are asserted against, incurred, imposed upon or suffered by Oxbow by reason of, or arising from the following:

• Customer's breach of these Terms.
• Customer's actual or alleged infringement of any patent, copyright, trademark, trade secret or other property or contract right of any other person.
• Customer's actual or alleged failure to promptly pay sums due Oxbow or third parties.
• Customer's failure to comply with applicable laws, regulations or ordinances.
• The acts or omissions of Customer (or its officers, directors, employees or agents).

If any part of these Terms of Use is held invalid or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired and remain in full force and effect.

If any part of these Terms of Use is held invalid or unenforceable, the remaining provisions of these Terms of Use shall be unimpaired and remain in full force and effect.

Oxbow shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Oxbow’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Oxbow shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Oxbow’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Oxbow’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.

Oxbow’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. If any provision of the Terms of Use can not be fulfilled completely or partially at the territory of a certain country, and the parties are not able to come to an agreement, the parties agree to settle all such matters by judicial process. In this case the court may select the closest statutory provisions, according to which the provision of the Terms of Use can be fulfilled partially or in full.

The information contained in this website is subject to change without notice. The information contained in this website is subject to change without notice.