Please read these Terms of Use carefully before using this website. By accessing and using the CMC Materials, Inc. (“CMC”, “our” or “we”) website, and any other websites operated by CMC, you acknowledge and agree to be legally bound by the following Terms of Use together with our Privacy Policy. In addition, you are subject to any rules or guidelines applicable to particular services on this website or accessed via this website as stated herein and incorporated by reference in these Terms of Use. CMC reserves the right to modify these Terms of Use at any time and it is your responsibility to monitor for said changes. If you do not agree to these Terms of Use, please do not use the CMC website.

Use of this Website

By accessing this website you agree that you will not use this website for any purpose that is prohibited by these Terms of Use or that is, unlawful or provide any content that may be considered in violation of any local, national or international law and which may cause CMC to be held liable.

User Responsibilities

In order to use certain sections of this website, you may be required to register for a user account/user name and/or password. In this case, you agree to provide accurate and truthful information when requested and you agree that you are entirely responsible for maintaining the confidentiality of your user name/account and password. All use of your user account/user name is your responsibility and you agree to notify CMC immediately of any unauthorized usage of your account or any other breach of security. CMC shall not be liable for any loss you may incur as a result of the authorized or unauthorized use by someone else of your user account/user name and password.

Terms of Use Violation

You understand and agree that by using CMC’s website, should we believe that your user content or you have violated these Terms of Use or their intent, CMC may at its sole discretion and without prior notice, terminate your access to this website and to any services that are offered through this website and remove any content you have provided.

Privacy Policy

Personally identifiable information and other data collected through this website are subject to the terms of CMC’s Privacy Policy.

Copyright and Trademark

You acknowledge and agree that all legal rights, including but not limited to any and all copyrights, trademarks, service marks, logos, and any other proprietary rights to which you may have access through this website are protected by U.S. and/or foreign laws, and belong to CMC, its subsidiaries, affiliates, contributors or third parties. The copying, reproduction, use, modification or publication by you of any such matters or any part of this website is strictly prohibited without CMC’s express prior written permission, except as permitted by applicable law.

Forward Looking Statements Disclaimer

This website may contain statements that constitute “forward-looking statements” within the meaning of the federal securities regulations and may be identified by the use of forward-looking language such as “believes,” “estimate,” “anticipates,” “projects,” “predict,” “expects,” “intend,” “is designed to,” “with the intent,” “potential,” or any other variations of such words or similar language. These forward looking statements may include statements related to future sales and operating results; company and industry growth, contraction or trends; growth or contraction of the markets in which the company participates; international events or various economic factors; product performance; the generation, protection and acquisition or investment of intellectual property and litigation related to such intellectual property; new product introductions; development of new product, technologies and markets; the acquisition of or investment in other entities; uses and investment of the company’s cash balance; and the construction of facilities by CMC Materials, Inc.. These forward-looking statements are based on the current assumptions and expectations and not historical facts nor are they guarantees of future revenue, income, earnings, or other financial items; economic performance or future plans. These statements are subject to certain risks and uncertainties that may cause actual results to differ from anticipated growth due to a variety of factors as discussed from time to time in CMC’s most recent Form 10-K filed with the Securities and Exchange Commission.

CMC disclaims any intention or obligation to update or revise any forward-looking statements as a result of new information, future events or otherwise after the posting of the forward looking statement to the website. For additional information, please review CMC’s filings with the U.S. Securities and Exchange Commission pursuant to the U.S. Securities Exchange Act of 1934.

Third Party Services

CMC’s website may link to other websites operated by third parties. Representations made regarding the products or services provided by those third parties shall be governed by the terms and policies made by those third parties and CMC shall not be held liable for any damages or losses resulting from your use of our website to obtain search results and/or link to a third party’s website.

Indemnification

You hereby agree to indemnify and hold CMC, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, or suppliers harmless from and against any and all third-party claims of liability, losses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising out of or in connection with your use of or inability to use the website or its content, products or services, including providing a link to another website or providing any information to such website.

Disclaimer

You Understand And Agree That Your Use Of This Website And Any Of The Services Or Content Provided Is At Your Own Risk And You Will Be Solely Responsible For Any Damages That May Result, Including Loss Of Data Or Damage To Your Computer System. The Content, Services, And Any Product Or Service Furnished Or To Be Furnished Via The Website Are Provided “as-is” And “as Available”. Cmc Expressly Disclaims All Warranties Of Any Kind, Expressed, Implied, Statutory Or Otherwise, Including, But Not Limited To, Implied Warranties Of Merchantability, Fitness For A Particular Purpose, Title And Non-infringement, With Regard To The Website, The Service, The Content, And Any Product Or Service Furnished Or To Be Furnished With Respect To This Site And Any Website With Which It Is Linked. Cmc Does Not Warrant, Either Expressly Or By Implication, That Any Part Of The Service Will Be Uninterrupted, Virus-free, Timely, Secure Or Error-free, Accurate Or That Defects In The Site Or The Service Will Be Corrected. Cmc Reserves The Right To Modify The Contents Of This Site At Any Time, But Has No Obligation To Update Any Information On The Site.

The exclusion of warranties is not allowed in some states or jurisdictions and therefore the above warranty may not be applicable to you.

Limitation of Liability

In No Event Shall Cmc Or Its Subsidiaries, Affiliates, Officers, Agents, Employees And Any Other Representative Be Liable For Any Damages Whatsoever (including Without Limitation, Direct, Indirect, Compensatory, Special, Incidental, Punitive And Consequential Damages, Damages For Loss Of Profits, Business Interruption, Loss Of Information Or Other Data) Relating To Or Arising From The Operation, Content Or Any Use Of This Web Site, Or Of Any Site Or Resource Linked To, Referenced, Or Accessed Through This Web Site, Or For The Unauthorized Use Or Access To Any Content, Information, Products, Or Services, Even If Cmc Is Expressly Advised Of, Or Are Aware Of, The Possibility Of Such Damages.

The exclusion or limitation of liability for consequential or incidental damages is not allowed in some states/jurisdictions and therefore the limitation noted above may not be applicable to you.

Applicable Law

You agree and understand that user access to this website and any claims arising out of your use of this website or services provided will be governed by all applicable federal, state, and local laws for the State of Illinois. The laws and regulations of other countries may be different and by using this website you agree to abide by those laws and regulations.

General Terms

These Terms of Use establish an agreement between you and CMC and by accessing CMC’s website, you warrant that you have read and understand and agree to these Terms of Use. Should any of the provisions in these Terms of Use be held invalid or unenforceable, then the remaining provisions shall continue to be valid and in full force and effect.

Last updated June 2020