Terms of Use

Details about visiting our website

Please Read Carefully to “THE END” the Terms of Use Below Before Using This Website. 

Hercules LLC requires that you abide by the terms of use stated below (these “Terms of Use”) as a condition of using the services, content, interfaces, tools and functionality provided on or through this website, including all of its web pages (the “Site”).

USE OF THE SITE IS SUBJECT TO YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU ARE ACKNOWLEDGING YOUR ACCEPTANCE OF THESE TERMS OF USE AND YOUR AGREEMENT TO ADHERE TO THE TERMS AND CONDITIONS IN THESE TERMS OF USE. UPON SUCH ACCEPTANCE, THESE TERMS OF USE WILL CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND HERCULES LLC GOVERNING YOUR USE OF THE SITE INCLUDING, WITHOUT LIMITATION, USING THE SITE AND THE USE OF THE CONTENT (AS DEFINED BELOW). EACH TIME YOU USE THE SITE, YOU 1) REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO USE THE SITE TO PERFORM THE FUNCTIONS YOU ARE PERFORMING AND 2) ACKNOWLEDGE THAT YOU AGREE TO THESE TERMS OF USE. IF YOU ARE NOT AUTHORIZED TO PERFORM THE FUNCTIONS THAT YOU INTEND TO PERFORM ON THE SITE AND/OR YOU DO NOT AGREE TO ANY OF THESE TERMS OF USE, YOU MAY NOT USE THE SITE. 

Additionally, when you click on “Send,” or any other similarly worded button or entry field, or take any other affirmative action on the Site, such action will be legally binding and enforceable as the legal equivalent of a handwritten signature. 

These Terms of Use apply to the Site; provided, however, you are advised to check each web page that you visit on the Site because your use of certain web pages or portions of the Site may also be subject to different or additional terms outlined elsewhere on the Site. Other individual websites of Hercules LLC, or certain locations of the Site, may have other terms and conditions tailored specifically for the activities on those websites or locations that may be different from or in addition to these Terms of Use. Your use of the other websites or locations constitutes your acceptance of those different or additional terms and conditions, which are hereby incorporated into, and constitute part of, these Terms of Use by this reference. Hercules LLC may at any time, at its sole discretion without notice to you, make modifications to these Terms of Use or the Site (including, without limitation, changes to the format, content, services and functionality). You should revisit these Terms of Use posted on the Site and each web page on the Site periodically to note any modifications that may have been made. YOUR USE OF THE SITE AFTER ANY SUCH MODIFICATIONS HAVE BEEN MADE WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISED TERMS OF USE. 

Before you frame or create any kind of hyperlink to any web page of the Site, you must obtain the prior written permission of Hercules LLC.

Hyperlinks and Frames 
The entire content of the Site, excluding any request, information, data or other communications you place on or transmit through the Site (collectively, the “Materials”), but including, without limitation, text, documents, information, design, graphics, icons, interfaces, code and the selection and arrangements thereof (the “Content”) are copyrighted under USA and other copyright laws and are the property of Hercules LLC, its affiliates and/or its licensors. All trademarks, service marks and trade names on the Site (collectively, the "Marks") are proprietary to Hercules LLC, its affiliates and/or its licensors. 

You are granted no license or other rights to such Marks, Content or copyrights, including, without limitation, no right or license to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise commercially exploit any of the Content or Marks obtained from the Site except as explicitly stated below: 

  1. You may download or print one copy of each web page on the Site for your noncommercial, informational and personal use, provided that the web page is downloaded or printed in its entirety without modification or alteration. 

  2. In some locations on the Site, hyperlinks to portable document format ("PDF") versions of certain documents, as well as photographs, logos and video files, are provided and designated for the user’s download and/or printing. If so designated, you may download and/or print such items to be used for their intended purposes provided that the items are downloaded and/or printed in their entirety without modification or alteration. 

You may not change or delete any materials downloaded and/or printed from the Site. The copyright notice appearing at the bottom of each web page or document must appear on every copy.

Except as expressly provided in paragraphs 1 and 2 above, Hercules LLC’s corporate name and logo may not be altered or used without the prior written permission of Hercules LLC. Except as expressly provided in paragraphs 1 and 2 above, no right or license is granted for any proprietary information, copyright, Mark or other intellectual property contained on the Site. The Content and the Marks may be used, copied, displayed or transmitted only in compliance with these Terms of Use and applicable laws. 

Disclaimer, Limitation of Liability, Release 
Although Hercules LLC has taken security measures to protect against the loss, misuse and unauthorized alteration of Materials, no system of security is 100-percent fail-safe, and Hercules LLC makes no representations or warranties that the Site cannot be tampered with by third parties or against the loss, release, misuse or unauthorized alteration of Materials. Any decision made by you based on information contained in the Site is your sole responsibility. Hercules LLC makes no representations or warranties that the Site will be free of viruses, Trojan horses, worms, time bombs, cancelbots or other computer-impairing routines, engines or elements that could damage, disable, destroy, disrupt or otherwise impair or impede in any manner the operation or functionality of the Site or of Hercules LLC’s or any user’s processing environment (collectively “Harmful Elements”). 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HERCULES LLC DISCLAIMS AND NEGATES ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY COMMON LAW, STATUTE OR OTHERWISE, RELATED TO THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND SERVICES THEREON, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM HARMFUL ELEMENTS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. HERCULES LLC DOES NOT REPRESENT OR WARRANT THAT ACCESS TO, OR THE FUNCTIONS CONTAINED IN, OR SERVICES PROVIDED ON, THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF HARMFUL ELEMENTS. USE OF THE SITE IS AT YOUR RISK. 

IN NO EVENT WILL HERCULES LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR LOSS), OR ANY DAMAGES WHATSOEVER, EVEN IF HERCULES LLC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY (INCLUDING STRICT LIABILITY), ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE, THE INABILITY TO USE THE SITE OR RELIANCE UPON THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT OF THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL HERCULES LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY), WITH RESPECT TO THE SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE. 

IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

YOU HEREBY RELEASE AND FOREVER DISCHARGE HERCULES LLC, ITS PARENT, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AGENTS AND CONTRACTORS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND EVERY NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE SITE AND/OR THE ACTIVITIES CONTEMPLATED FOR ITS USE. 

Indemnity of Hercules LLC 
You agree to indemnify, defend and hold Hercules LLC and Hercules LLC’s parent, officers, directors, employees, licensors, agents, vendors, contractors and affiliates from and against any claim, demand, cause of action, debt, loss or liability, including, without limitation, reasonable attorney’s fees, to the extent that such action is based upon or arises out of your violation of these Terms of Use. 

Site Security 
You are prohibited from violating, or attempting to violate, the security of the Site including, without limitation: 

  1. logging into or attempting to log into a server or account that you are not authorized to access; 

  2. accessing data or taking any action to obtain services not intended for your use; 

  3. attempting to probe, scan or test the vulnerability of the Site;

  4. tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;

  5. transmitting Materials that contain Harmful Elements; 

  6. interfering with service, including, without limitation, by means of overloading, flooding or crashing any computer system; or 

  7. uploading files that contain software or any other materials in breach of any intellectual property right or in breach of confidentiality restrictions. 

Hercules LLC monitors the usage of the Site. Any violations of the security of the Site by you may subject you to criminal or civil liability. 

Applicable Laws
Unless otherwise specified, the Site is intended to provide information about Hercules LLC’s activities at the Kenvil Works Facility in Kenvil, NJ. This Site is hosted by third parties from the third parties’ locations in the USA. Hercules LLC does not imply or represent or warrant that the Site or the Content is designed or appropriate for use outside of the USA, and Hercules LLC makes no representations or warranties that the Site or the Content is appropriate or available for use in other locations or that access to or use of the Site or the Content from other locations is not legally prohibited. Except as otherwise expressly provided, all Content is directed exclusively to entities and natural persons located in the USA. Those who choose to access and use the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. To the extent any applicable local laws prohibit your access to and use of the Site or the Content, you may not view or use the Site or the Content. 

Your use of the Site is governed in all respects by the laws of the State of Delaware, USA, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site or the use thereof shall be in the state or federal courts located in Delaware, USA. Any cause of action or claim you may have with respect to the Site or the use thereof must be commenced within one year after the claim or cause of action arises. Hercules LLC's failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. Hercules LLC may assign its rights and duties under these Terms of Use to any party at any time without notice to you. You may not assign any of your rights or duties under these Terms of Use without the prior written consent of Hercules LLC, and any such attempted assignment will be void. Subject to the foregoing, these Terms of Use will be binding upon Hercules LLC and your respective successors and permitted assigns. These Terms of Use will not be interpreted or construed to create an association, agency, joint venture or partnership between you and Hercules LLC or to impose any liability attributable to such a relationship upon either party. Neither you nor Hercules LLC will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party. 

Export Controls 
You may not export or re-export any Content acquired using the Site except in full compliance with all USA laws and regulations, including, without limitation, the USA Export Administration Laws and Regulations. Use contrary to those laws is prohibited. You are responsible for complying with any local laws in your country that may impact your right to import, export or use the Content found on the Site. 

Severability and Integration 
Unless otherwise expressly stated in these Terms of Use, these Terms of Use constitute the entire agreement between you and Hercules LLC with respect to the Site. No parol evidence, course of dealing, conduct, performance or usage of the trade will be relevant to supplement, modify, amend or explain these Terms of Use. 

Contact Information
Unless otherwise expressly set forth in these Terms of Use, all communications required to be made or which may be made under these Terms of Use, as well as any questions you have concerning these Terms of Use or the Site, are to be made to Hercules LLC by contacting Hercules LLC Communications and Corporate Affairs at 8145 Blazer Drive, Wilmington, DE 19808 USA, at +1 859 815 3333 or via the Contact submission web page on the Site. 

THE END 

Last modified: November 9, 2023