Terms of Use

TERMS & CONDITIONS OF USE

This website is operated by Townsend’s Polymer Services & Information, DBA Townsend Solutions (“Townsend”).  Throughout the site, the terms "we," "us" and "our" refer to Townsend.  Site users are referred to as “you” and “your”.

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These Terms & Conditions of Use apply to www.townsendsolutions.com and Townsend’s websites, services and products that are owned and operated by Townsend.  Townsend’s websites, services and products are jointly referred to as "Sites." These terms do not apply to Townsend’s Sites that have their own Terms & Conditions of Use.

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Your access to, and browsing, review and use of the Sites is subject to these Terms and Conditions and all applicable laws. By accessing and using the Sites, you accept these Terms and Conditions, without limitation or qualification. If you do not agree to the Terms and Conditions, do not use the Sites.

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By accessing/using our Sites, you hereby agree to be bound by the Terms herein. Ownership right in or to the Sites is the sole ownership of Townsend Solutions and its partners, affiliates, and licensors ("Affiliates").

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OWNERSHIP

Any and all intellectual property rights ("Intellectual Property") associated with the Sites are the sole property of Townsend, its affiliates, or third parties.  All content is protected by copyright and other laws in both the United States and other countries.  Elements of the Sites are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. Unless otherwise labeled, all trademarks, service marks, logos, banners, and page headers displayed on the Sites ("Marks") are the property of Townsend.

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LICENSE GRANT

Townsend grants You a limited, personal, nontransferable, non-sublicensable, revocable license to access and download, display, and print one copy of the Site content on any single computer solely for your internal, non-commercial use, provided that you do not modify the Site content in any way (including creating derivative works thereof), that you retain all copyright and other proprietary notices displayed on the Site content, and that you otherwise comply with these Terms.   Except for this limited license, Townsend does not convey any interest in or to our Sites or any other Townsend property by permitting You to access the Sites.  Except to the extent required by law or as expressly provided herein, none of the Sites content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Townsend.  Content may not be used in any way that breaches laws or regulations, or in any way that is fraudulent or competes with our business.

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We reserve the right to refuse or cancel any person's registration for this Sites, remove any person from this site or prohibit any person from using this site for any reason whatsoever.    

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Misuse of the Sites is strictly prohibited, including but not limited to:

1. Knowingly introducing viruses, trojans, worms, or other malicious or harmful material;
2. Accessing, searching, collecting, mining or extracting data—including by crawling or scraping—from the Site or Services by any means (automated or otherwise) without Townsend’s express written permission.
3. Using the Sites to develop any software program, model, algorithm, or other generative AI tool, including, but not limited to, training or using the Sites content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of the Sites content for training, fine tuning, or grounding the machine learning or AI system or as part of retrieval-augmented generation).
4. You may not use the Sites in violation of applicable laws, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights.
5. Defeating access controls;
6. Copying, modifying, reproducing, performing, displaying, creating derivative works from, republishing, posting, transmitting, participating in the transfer or sale of, distributing, or in any way exploiting any portion of the Sites content; and
7. Improperly accessing the Sites including access or use of another user’s account or allowing another to access or use of one’s account or credentials.

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ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

Townsend is not responsible if information made available on the Sites is not accurate, complete or current. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting other sources of information.  Any reliance on the material on the Sites is at your own risk. This Sites may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.  We reserve the right to modify the contents of the Sites at any time, but we have no obligation to update any information on the Sites.  You agree that it is your responsibility to monitor changes to the Sites.

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MATERIALS YOU SUBMIT

You acknowledge that you are responsible for any material you may submit via the Sites, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this sites any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Sites.

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LICENSE TO SUBMITTED MATERIALS

If you do submit material, and unless we indicate otherwise, you grant Townsend and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. You further agree that Townsend is free to use any ideas, concepts, know-how that you or individuals acting on your behalf provide to Townsend. You grant Townsend and its affiliates the right to use the name you submit in connection with such material, if they so choose.  All personal information provided via the Sites will be handled in accordance with the Sites Privacy Policy.  You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Townsend for all claims resulting from content you supply.

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CONDUCT

Some features that may be available on the Sites require registration. By registering at and in consideration of your use of the Sites you agree to provide true, accurate, current and complete information about yourself.

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Some features on the Sites require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, please notify us immediately. Note that we may assume that any communications we receive under your password have been made by you unless we receive notice otherwise.

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You or third parties acting on your behalf are not allowed to frame the Sites, or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, TOWNSEND SOLUTIONS, and the Townsend logo.  You may not utilize framing techniques or technology to enclose any content included on the sites without our express written consent. Further, you may not utilize any Sites content in any meta tags or any other "hidden text" techniques or technologies without our express written consent.

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LINKS

The Sites may contain links to other web sites, some of which are operated by Townsend or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites. Townsend is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.

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DISCLAIMERS

SITES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITES OR ANY FEATURE OR PART THEREOF AT ANY TIME.  TOWNSEND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NON-INFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOWNSEND OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. TOWNSEND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.  YOU HEREBY ACKNOWLEDGE THAT USE OF THE SITES IS AT YOUR SOLE RISK.

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LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TOWNSEND NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES, TOWNSEND’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TOWNSEND, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER TOWNSEND NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH TOWNSEND IS TO DISCONTINUE YOUR USE OF THE SITES. YOU AND TOWNSEND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. 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, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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INDEMNIFICATION

You agree to indemnify, defend and hold harmless Townsend and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. If you cause a technical disruption of the Sites, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Townsend reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Townsend in the defense of such matter.

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MODIFICATIONS

Townsend shall reserve the right at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, the Sites, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Sites or any part thereof.

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COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES

We respect the intellectual property rights of others and request that you do the same.  Townsend may disable and/or terminate the Accounts of any User and/or Client who repeatedly violates our Agreement and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated you may notify us at customercare@townsendsolutions.com and include the following information:

1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
3. A description of the location of the websites which you allege has been infringing upon your work;
4. The physical address, telephone number, and email address;
5. A statement, in which you outline that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; and
6. A statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

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COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL

You agree to use the Sites in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Townsend, negatively reflect on the goodwill or reputation of Townsend and shall take no actions which would cause Townsend to be in violation of any laws, rulings or regulations applicable to Townsend.

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The United States and certain other jurisdictions control the export of products and information.  You agree to comply with all such applicable restrictions and not to export or re-export content from our Sites to countries or persons prohibited under the United States or other applicable export control laws or regulations.  If You access and download content from the Sites, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited.  You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of content from the Sites.

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JURISDICTION & APPLICABLE LAW

The laws of the State of Texas govern these Terms & Conditions of Use and your use of the Sites, and you irrevocably consent to the jurisdiction of the courts located in the County of Harris, Texas for any action arising out of or relating to these Terms & Conditions of Use.  We recognize that it is possible for you to obtain access to the Sites from any jurisdiction in the world, but we have no practical ability to prevent such access. If any material on the Sites, or your use of the Sites, is contrary to the laws of the place where you are when you access it, the Sites may not be used by you.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

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CHANGES TO THESE TERMS & CONDITIONS OF USE

We reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms & Conditions of Use, in whole or in part, at any time, by posting revised terms on the Sites. It is your responsibility to check periodically for any changes we make to the Terms & Conditions of Use. Your continued use of the Sites after any changes to the Terms of Use or other policies means you accept the changes.

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SCOPE & ADMISSIBILITY

These Terms & Conditions of Use govern your use of the Sites, except to the extent such Sites are the subject of a separate agreement. A printed version of these Terms & Conditions of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.‍

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SEVERABILITY‍

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place.

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HOW TO CONTACT US

If you have any questions or comments about these Terms & Conditions of Use or our Sites, please contact us at customercare@townsendsolutions.com.