Terms of use
WELCOME TO THE WEBSITE. OM COMPANY AND ITS SUBSIDIARIES (“OM”) OFFER THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS”). BY USING THIS WEBSITE, YOU AGREE TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. PLEASE ALSO REVIEW OUR PRIVACY POLICY, WHICH ALSO GOVERNS YOUR VISIT TO THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.
General use restrictions
OM authorizes you to view and download the materials at this website (“Site”) only for your personal, noncommercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. The materials at this Site are copyrighted, and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may not frame or using framing techniques to enclose any trademark, logo or other proprietary information (including text, images, page layout) of the Site without express written consent. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Disclaimers
THIS SITE AND THE INFORMATION CONTAINED WITHIN IT ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS SITE AND THE INFORMATION THEREIN IS AT THE USER’S SOLE RISK.
This Site content is provided for your general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. The contents of this site may include technical inaccuracies or typographical errors. OM shall not be responsible for the use of any information herein presented, and you must make your own determination as to its suitability and completeness for your use, including but not limited to the protection of the environment and health and safety purposes. By providing this information, OM neither can nor intends to control the method or manner by which you use, handle, store or transport OM products. Any product, process or technology described in the Site may be the subject of intellectual property rights reserved by OM or others and are not licensed hereunder. OM makes no representation or warranties, express or implied, that any use of information contained on the Site will not violate any such intellectual property rights.
This Site may include forward-looking statements concerning current expectations and assumptions for future global economic conditions; logistics challenges, supply chain issues for customers and suppliers, and raw material and energy costs and trends; competitive position and acceptance of specialty products in key markets; mix of products sold; and sustainability performance including emissions reduction and diversity and inclusion goals and targets. Such expectations and assumptions are based upon certain preliminary information, internal estimates, and management assumptions, expectations, and plans, and are subject to several risks and uncertainties inherent in projecting future conditions, events and results. Actual results could differ materially from expectations and assumptions expressed in the forward-looking statements if one or more of the underlying assumptions or expectations prove to be inaccurate or are unrealized. Important factors that could cause actual results to differ materially from such expectations are and will be detailed in the company’s filings with the Securities and Exchange Commission, which are or will be available on this Site in the Investors, SEC filings section. These statements are based on our current beliefs and expectations and speak only as of the date of posting. We do not undertake any obligation to publicly update any forward-looking statements.
Safety Data Sheets providing safety precautions that should be observed in handling and storing OM products are available online or on request. These Safety Data Sheets describe the properties of the OM product. They shall not be considered warranties. You should obtain and review the available safety information before handling any of OM products. If any materials are mentioned that are not OM products, appropriate industrial hygiene and other safety precautions recommended by their manufacturers should be observed.
OM assumes no obligation to update or continue to post the information contained on the Site and reserves the right to make changes and corrections to the Site content or product availability at any time without notice. OM does not guarantee that access to this Site will not be interrupted, that this Site will be free of malware or that this Site cannot be tampered with by third parties.
The prices and availability of products and services on this Site may change without notice to you at any time in OM sole discretion. OM shall have the right to refuse or cancel any orders that may be placed for product listed at an incorrect price.
Pursuant to a confidential settlement agreement, portions of this website may be licensed under various patents owned by Geotag, Inc., including U.S. Patent No. 5,930,474.
Medical disclaimer
OM does not manufacture finished medical devices. The information on this Site is for general informational purposes only. It is the responsibility of the medical device manufacturer (“Manufacturer”) to determine the suitability of all component parts and raw materials, including any OM product, used in its final product to ensure safety and compliance with requirements of the United States Food and Drug Administration (FDA) or other international regulatory agencies.
OM products have not been designed for nor are they promoted for end uses that would be categorized by either the FDA or by the International Standards Organization (ISO) as implant devices. OM products are not intended for use in the following applications: (1) in any bodily implant applications for greater than 30 days, based on FDA-Modified ISO 10993, Part 1 “Biological Evaluation of Medical Devices” tests (including any cosmetic, reconstructive or reproductive implant applications); (2) in any cardiac prosthetic device application, regardless of the length of time involved, including, without limitation, pacemaker leads and devices, artificial hearts, heart valves, intra-aortic balloons and control systems, and ventricular bypass assisted devices, or (3) as any critical component in any medical device that supports or sustains human life.
For OM products offered for the medical market, limited testing information is available upon request. The Manufacturer of the medical device is responsible for the biological evaluation of the finished medical device.
The suitability of an OM product in each end-use environment is dependent upon various conditions including, without limitation, chemical compatibility, temperature, part design, sterilization method, residual stresses and external loads. It is the responsibility of the Manufacturer to evaluate its final product under actual end-use requirements and to adequately advise and warn purchasers and users thereof.
Limitation of liability
IN NO EVENT WILL OM OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST DATA, LOST REVENUE OR LOST PROFITS UNDER ANY THEORY, WHETHER UNDER A CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF OM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable law and export control
OM controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials or services at this Site are appropriate or available for use outside the United States or that access to them will be available from territories where their contents are illegal or prohibited. If you choose to access this Site from outside the United States, you are responsible for compliance with applicable local laws, including but not limited to export and import regulations. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of laws. You agree to submit to the jurisdiction of the courts located in the State of Tennessee for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials nor any information acquired using the Site may be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons or missile projects unless specifically authorized by the United States government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Site user responsibilities
If you are a registered user of the Site, it is your responsibility to maintain the confidentiality of any passwords and to report to OM if the password is lost or stolen or if there is any change in authorization or access for use of the password. You agree that you will not give your password to any other party. Except as otherwise expressly provided under these terms and conditions, you shall have no right to transfer, assign or sublicense any rights you may have as a registered user to any other person.
Electronic communications and signatures
As a buyer on the Site, you agree to receive notices, disclosures, terms and conditions of any agreements, communications, and legal and regulatory notices, Safety Data Sheets (SDS) and documents (“Communications”) electronically. OM may send Communications by email or by posting notices on the Site. You agree that all Communications provided electronically satisfy any legal requirement that such Communications be in writing, and to be bound by any affirmation, assent or agreement you may transmit through this Site. When you click on “I agree,” “I consent” or another similarly worded button or entry field, such agreement will be legally binding and enforceable as the legal equivalent of a handwritten signature.
Credit card payment
If you have elected to pay by credit card and OM does not receive payment from the credit card issuer, you agree to pay all amounts due OM immediately upon demand by OM. Each time you use the website, you agree that OM is authorized to charge your designated credit card account for the applicable rate for the website then in effect. You must notify OM of any changes to your card account, billing address or any other changes that may prevent OM from charging your account.
User submissions
OM does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered nonconfidential and nonproprietary. OM will have no obligations with respect to the Communications. OM and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to OM for the purpose of receiving products or services will be handled in accordance with the OM online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material that would violate any law.
Links to other websites
Any links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. OM has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus OM does not endorse or make any representations about them or any information or products or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
Trademarks
OM, the OM logo, and all other product names, service names, taglines and logos contained within this website are trademarks of OM or one of its subsidiaries and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OM. All third-party product and service names, taglines and logos used herein are trademarks of their respective owners and should not be used without consent or the applicable trademark holder.
Revision of terms
OM may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.