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Terms & Conditions

Introduction

The present terms and conditions, which shall be interpreted in accordance with the laws of Texas, apply to:

  1. Data, information and editorial content contained in Intratec Production Cost Reports ('Production Cost Reports' or 'Reports');
  2. Data, information and/or editorial content complimentary to Production Cost Reports, provided as reports, presentations and/or spreadsheets (‘Extra Analyses’);
  3. Data, information and editorial content contained in Intratec Indexes & Pricing Data (' Indexes & Pricing Data'); and
  4. All content, data and features of the website www.intratec.us ('Intratec Website')

Glossary

In these terms and conditions:

"Licensed Materials" means the pricing data, price forecasts, market data, industry data, technology data and any other data, information and editorial content contained in Intratec Production Cost Reports, Extra Analyses, and/or Indexes & Pricing Data.

"Free Content" means the pricing data, price forecasts, market data, industry data, technology data and any other data, information, editorial content, report samples and database samples offered for free in Intratec Website.

"Subscriber" means: individual, institutional or corporate subscriber of the Reports, Extra Analyses and /or Indexes & Pricing Data identified in the Order Form.

"Authorized User" means: the named individual(s) identified in the Order Form; employees and/or other workers of an institutional or corporate Subscriber identified in the Order Form.

"Website Visitor" means: any person who accesses the Intratec Website for whatever purpose, regardless of whether said Visitor has registered on Intratec Website.

"Derived Content" means materials created by or on behalf of the User, Subscriber, or Website Visitor, incorporating the Licensed Materials and/or Free Content in combination with other information and/or data.

"Unauthorized" in relation to a person means any person other than an Authorized User or a Subscriber.

"Single Chemical" means any chemical covered by Intratec Indexes & Pricing Data.

"Single Utility" means any utility covered by Intratec Indexes & Pricing Data.

"Single Index" means any index or factor covered by Intratec Indexes & Pricing Data.

Production Cost Reports and Extra Analyses

Content & Data

Data, information, analyses and/or models presented in the Reports and Extra Analyses are prepared on the basis of publicly available information and non-confidential information disclosed by third parties. Third parties, including, but not limited to technology licensors, trade associations or marketplace participants, may have provided some of the information on which the analyses or data are based.

The analyses presented in the Reports and Extra Analyses are developed independently by Intratec and, as such, are the opinion of Intratec and do not represent the point of view of any third parties nor imply in any way that they have been approved or otherwise authorized by third parties.

Intratec conducts analyses and prepares Reports and Extra Analyses for Subscribers and Authorized Users in conformance with generally accepted professional standards. Changes in factors upon which information, data and/or analyses presented in the Reports and Extra Analyses are based could affect the respective information, data and/or analyses.

Although the statements in the Reports and Extra Analyses are derived from or based on several sources that Intratec believe to be reliable, Intratec does not guarantee their accuracy, reliability, or quality; any such information, or resulting analyses, may be incomplete, inaccurate or condensed. All estimates included in the Reports and Extra Analyses are subject to change without notice. The Reports and Extra Analyses are for informational purposes only and are not intended to or should not be construed as advice or recommendations of any nature whatsoever.

Use & Sharing

Subscriber or Authorized User agrees it will not, without prior written consent of Intratec, represent, directly or indirectly, that Intratec Reports and/or Extra Analyses have been approved or endorsed by the other parties. In no event shall Intratec, its employees, representatives, resellers or distributors be liable to Subscriber, Authorized User or any other person or entity for any direct, indirect, special, exemplary, punitive, or consequential damages, including lost profits, based on breach of warranty, contract, negligence, strict liability or otherwise, arising from the use of the Reports and/or Extra Analyses, whether or not they or it had any knowledge, actual or constructive, that such damages might be incurred.

Subscriber or Authorized User may, in the course of its business, create Derived Content for internal use, provided that: (i) the information and/or data from the Licensed Materials used in the Derived Content will be insubstantial and de minimis in nature and will not be primarily a copy of the Licensed Materials (ii) Subscriber or Authorized User undertakes not to create Derived Content that uses a portion of the Licensed Materials that could be considered substantial; (iii) Subscriber or Authorized User acknowledges Intratec as a source in relation to such Derived Content, as follows:
‘Includes information from Production Cost Reports and Data published by Intratec Solutions LLC. Intratec reports are meant to assist in a preliminary economic evaluation of the production process approached. More information about Intratec methodology for developing Production Cost Reports can be found, along with terms of use, at www.intratec.us’ and (iv) Authorized User does not use or authorize the use of such Derived Content created in products that are competitive with Licensed Materials.

The use of Production Cost Reports and/or Extra Analyses information and/or data for any purposes not expressly permitted by these terms and conditions is subject to Intratec’s prior written consent. Authorized User is not entitled to share Production Cost Reports and/or Extra Analyses information and/or data with third parties or affiliates, unless Authorized User obtains Intratec's prior written approval.

Passwords are for the personal use of the Authorized User to whom they are issued and may not be made available to others for the purpose of using Production Cost Reports and/or Extra Analyses. If Intratec suspects that a password is being used by an unauthorized person it may cancel the password

The Authorized User further agrees to refrain from any general release of the information presented in Production Cost Reports and/or Extra Analyses, so as to constitute passage of title into the public domain or otherwise jeopardize common law or statutory copyright.

Order, Payment & Delivery

Production Cost Reports may be ordered individually, from Intratec Report Store at Intratec Website, or through Production Cost Reports Subscription Plans.

Production Cost Reports may be purchased via credit cards. Buyers using credit cards warrant that they have the authority to use the credit card and that the billing information provided is accurate, and authorize Intratec to charge the designated credit card for the total amount of the purchase, including any sales or similar taxes.

For high amount purchases, payments can be made via local bank transfers or wire transfers. For payments made via local bank transfers and wire transfers, payment confirmation may take some days, depending on banks transaction procedures.

Intratec Reports may be delivered as online viewable reports or downloadable protected PDF digital files. The delivery format is set out in the respective Order Form. Reports are made available for online access and/or download in a private area at Intratec website. It is the Subscriber’s and/or Authorized User’s responsibility to ensure that it has the equipment necessary to access and/or download Production Cost Reports.

The delivery of each Report ordered from Intratec Reports store may take up to thirteen business days from the date in which the Report is ordered. The delivery time is set out in the respective Order Form.

The delivery of Reports associated with subscription plans will be made on a monthly basis. The Reports delivered under a subscription will be in accordance with the schedule for new Reports, presented at Intratec Website.

Standard Plan. This subscription plan permits up to 80 (eighty) individuals from a single Educational Institution, Government Entity, Nonprofit Organization or Company, to continuously access Production Cost Reports in web-format, during the subscription term. The reports will be delivered in accordance with the schedule presented for new Reports, at Intratec website. Subscribers who select the option ‘Full Library’ will also have access to Production Cost Reports previously released by Intratec, as presented at Intratec website. Reports will remain accessible during subscription term. Upon subscription expiration, the access to the reports is immediately interrupted.

Premium Plan. This subscription plan permits up to 5 (five) individuals from a single Company to continuously access Production Cost Reports and Extra Analyses in web-format, during the subscription term. Subscribers may also download the reports and analyses in PDF digital files. The reports and analyses will be delivered in accordance with the schedule presented for new Reports, at Intratec website. Subscribers who select the option ‘Full Library’ will also have access to Production Cost Reports previously released by Intratec, as presented at Intratec website. Reports will remain accessible during subscription term. Upon subscription expiration, the access to the reports and extra analyses is immediately interrupted. This plan is NOT available for of Educational Institutions, Government Entities or Nonprofit Organizations.

Upon subscription, the new Subscriber will have access to reports in the upcoming month. The subscription term starts counting upon the first reports delivery. The Subscriber will receive access to reports in the third week of every month until the end of the subscription term.

If Intratec attests that reports provided under a Premium Plan are being (i) used on behalf of any Educational Institution, Government Entity or Nonprofit Organization, and/or (ii) uploaded or shared, in whole or in part, in intranets or private networks of Educational Institutions, Government Entities or Nonprofit Organizations, the respective Premium Plan subscription will be immediately downgraded to a Standard Plan subscription, in which case the Subscriber will not be entitled to a refund of any subscription charges

On expiry of a subscription without renewal, or on termination of a subscription for any reason during the subscription term, the Subscriber or Authorized User will no longer have access to Reports and Extra Analyses.

The purchase of Production Cost Reports and Extra Analyses from the Report Store and Subscriptions to Production Cost Reports at Intratec Website are conditioned upon the acceptance of the Refund Policy, available at www.intratec.us/docs/intratec-refund-policy.pdf.

Availability of Reports

Reports and Extra Analyses purchased individually from the Report Store at Intratec Website, delivered as online viewable reports, will be accessible for 365 days after report delivery, in a private area at Intratec website.

Reports provided under a subscription plan will be accessible during the subscription term, in a private area at Intratec website.

Intratec shall use all reasonable endeavors in accordance with good industry practice to ensure that Reports delivered as online viewable reports are available to Authorized Users excluding downtime for regular or emergency maintenance which shall be kept to a minimum.

Indexes & Pricing Data

Content & Data

Data, information, analyses and/or models presented in the Indexes & Pricing Data are prepared on the basis of publicly available information and non-confidential information disclosed by third parties. Third parties, including, but not limited to technology licensors, trade associations or marketplace participants, may have provided some of the information on which the analyses or data are based.

The analyses presented in the Indexes & Pricing Data are developed independently by Intratec and, as such, are the opinion of Intratec and do not represent the point of view of any third parties nor imply in any way that they have been approved or otherwise authorized by third parties that are mentioned in the Reports.

Intratec conducts analyses and prepares Indexes & Pricing Data for Subscribers and Authorized Users in conformance with generally accepted professional standards. Changes in factors upon which information, data and/or analyses presented in the Indexes & Pricing Data are based could affect the respective information, data and/or analyses. Unforeseeable events or combinations of unforeseeable events, such as actions of marketplace participants, third parties and governments, make forecasts presented in the Indexes & Pricing Data inherently uncertain.

Although the information and data in the Indexes & Pricing Data are derived from or based on several sources that Intratec believe to be reliable, Intratec does not guarantee their accuracy, reliability, or quality; any such information, or resulting analyses, may be incomplete, inaccurate or condensed. All information and data included in the Indexes & Pricing Data are subject to change without notice. The Indexes & Pricing Data are for informational purposes only and are not intended to or should not be construed as advice or recommendations of any nature whatsoever.

Access & Plans

Access and use of Indexes & Pricing Data is conditional on payment by the Subscriber of all amounts set out in the Order Form.

By acquiring any of the Intratec Indexes & Pricing Data subscription plans, Subscribers will be deemed to have accepted the present Terms and Conditions.

Subscribers will be given access to Intratec Indexes & Pricing Data according to the Subscription Plan stated on the Order Form and more specifically described in these terms and conditions.

Commodity Chemicals – Standard. This subscription plan permits a single individual to continuously access Indexes & Pricing Data online charts (referring to all commodity chemicals covered by Indexes & Pricing Data) presenting pricing data from January 2007 until one month before the current month. The pricing data presented is updated monthly. The pricing data can be downloaded as PDF file. The subscription is renewed on a monthly basis.

Commodity Chemicals – Pro.This subscription plan permits a single individual to continuously access Indexes & Pricing Data online charts (referring to all commodity chemicals covered by Indexes & Pricing Data) presenting pricing data from January 2007 to present and 9-months price forecasts. The pricing data presented is updated monthly. The pricing data can be downloaded as PDF, Excel, CSV and PNG files. The subscription is renewed on a yearly basis.

Utilities - Standard. This subscription plan permits a single individual to continuously access Indexes & Pricing Data online charts (referring to all utilities covered by Indexes & Pricing Data) presenting cost data from January 2007 until one month before the current month. The cost data presented is updated monthly. The cost data can be downloaded as PDF file. The subscription is renewed on a monthly basis.

Utilities – Pro. This subscription plan permits a single individual to continuously access Indexes & Pricing Data online charts (referring to all utilities covered by Indexes & Pricing Data) presenting cost data from January 2007 to present and 9-months forecasts. The cost data presented is updated monthly. The cost data can be downloaded as PDF, Excel, CSV and PNG files. The subscription is renewed on a yearly basis.

Indexes - Standard. This subscription plan permits a single individual to continuously access Indexes & Pricing Data online charts (referring to all indexes covered by Indexes & Pricing Data) presenting indexes from January 2000 until one month before the current month. The indexes presented are updated monthly. The indexes can be downloaded as PDF file. The subscription is renewed on a monthly basis.

Indexes - Pro. This subscription plan permits a single individual to continuously access Indexes & Pricing Data online charts (referring to all utilities covered by Indexes & Pricing Data) presenting cost data from January 2000 to present and 9-months forecasts. The indexes presented are updated monthly. The indexes can be downloaded as PDF, Excel, CSV and PNG files. The subscription is renewed on a yearly basis.

Use & Sharing

. Subscriber or Authorized User may, in the course of its business, create Derived Content for internal use, provided that; (i) the Subscriber or Authorized User acknowledges Intratec as a data source in relation to all Derived Content; and (ii) the Subscriber or Authorized User does not use or authorize the use of Derived Content in products that are competitive with Indexes & Pricing Data.

The use of Indexes & Pricing Data for any purposes not expressly permitted by these terms and conditions is subject to Intratec’s prior written consent. Authorized User is not entitled to share Indexes & Pricing Data with third parties or affiliates, unless Authorized User obtains Intratec's prior written approval. The subscriber of a Pro Plan may disclose/share Indexes & Pricing Data with third parties (person or group), provided that (i) the subscriber discloses/shares Indexes & Pricing Data with up to three third parties; and (ii) the subscriber acknowledges Intratec as a data source. Furthermore, any data from Indexes & Pricing Data must be treated as confidential information by the third party receiving the data from the subscriber, in such a way that under no circumstances the receiving party will disclose/share the data received.

Passwords are for the personal use of the individual to whom they are issued and may not be made available to others for the purpose of using Indexes & Pricing Data. If Intratec suspects that a password is being used by an unauthorized person it may cancel the password.

The Authorized User further agrees to refrain from any general release of the information presented in Indexes & Pricing Data, so as to constitute passage of title into the public domain or otherwise jeopardize common law or statutory copyright.

Availability of Indexes & Pricing Data

Intratec shall use all reasonable endeavors in accordance with good industry practice to ensure that Indexes & Pricing Data are available to Subscribers and Authorized Users excluding downtime for regular or emergency maintenance which shall be kept to a minimum. Time is not of the essence in respect to the delivery of any particular Indexes & Pricing Data or Licensed Materials and Intratec’s sole obligation is to effect such delivery as soon as is practically possible.

Intratec Website and Free Content

Content & Data

Data, information, analyses and/or models presented in Intratec Website and Free Content are prepared on the basis of publicly available information and non-confidential information disclosed by third parties. Third parties, including, but not limited to technology licensors, trade associations or marketplace participants, may have provided some of the information on which the analyses or data are based.

The analyses presented in Intratec Website and Free Content are developed independently by Intratec and, as such, are the opinion of Intratec and do not represent the point of view of any third parties nor imply in any way that they have been approved or otherwise authorized by third parties that are mentioned in the Reports.

Due to the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in Intratec Website and Free Content. Changes in factors upon which information, data and/or analyses presented in Intratec Website and Free Content are based could affect the respective information, data and/or analyses. Unforeseeable events or combinations of unforeseeable events, such as actions of marketplace participants, third parties and governments, make forecasts presented in Intratec Website and Free Content inherently uncertain.

Although the information and data in Intratec Website and Free Content are derived from or based on several sources that Intratec believe to be reliable, Intratec does not guarantee their accuracy, reliability, or quality; any such information, or resulting analyses, may be incomplete, inaccurate or condensed. All information and data included in Intratec Website and Free Content are subject to change without notice. Information and data in Intratec Website and Free Content are for informational purposes only and are not intended to or should not be construed as advice or recommendations of any nature whatsoever.

Use & Sharing

By using Intratec Website and Free Content, Website Visitors will be deemed to have accepted the present Terms and Conditions.

Intratec reserves the right, without prior notice, to revise the present terms and conditions by amending this page. Such amended terms and conditions shall be effective immediately upon being posted on Intratec Website. By using Intratec Website and Free Content after an update of such terms and conditions has been published, Website Visitors will be deemed to have accepted any changes made by Intratec.

Website Visitors may browse, download or print out one copy of the Free Content displayed on Intratec Website for their personal, non-commercial, non-public use.

Website Visitors may browse, download or print out one copy of the material displayed on the Website for their personal, non-commercial, non-public use. While using Intratec Website and the Free Content, Website Visitor shall not copy, reproduce or download any information, text, images, files, or data available on or through Intratec Website for the purpose of reselling, redistributing or republishing its content, operating a business that competes with Intratec, or otherwise commercially exploiting Intratec Website content or the Free Content, unless Website Visitor obtains Intratec's prior written approval.

Disclaimers

INTRATEC WEBSITE, FREE CONTENT AND LICENSED MATERIALS ARE PROVIDED BY INTRATEC "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN REGARD TO INTRATEC WEBSITE, THE LICENSED MATERIALS AND THE FREE CONTENT AS PROVIDED, INTRATEC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION ANY WARRANTY REGARDING CORRECTNESS, COMPLETENESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NONINFRINGEMENT.

Limitations on Liability

INTRATEC SHALL NOT BE LIABLE TO SUBSCRIBER, AUTHORIZED USER, WEBSITE VISITOR OR ANY OTHER PERSON OR ENTITY FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR PART BY USE OF INTRATEC WEBSITE, LICENSED MATERIALS AND/OR FREE CONTENT. IN NO EVENT WILL INTRATEC BE LIABLE TO SUBSCRIBER, AUTHORIZED USER, WEBSITE VISITOR OR ANY OTHER PERSON OR ENTITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON INTRATEC WEBSITE, LICENSED MATERIALS AND/OR FREE CONTENT.

Suspension and Termination

Intratec may without notice and without compensation suspend access to any Report, Extra Analysis and/or Indexes & Pricing Data by one or more Subscriber or Authorized User if; (i) the Subscriber or Authorized User is in default of its payment obligations; or (ii) Intratec has reasonable grounds to suspect the Subscriber or Authorized User to be in breach of these terms and conditions.

On expiry of a subscription without renewal, or on termination of a subscription for any reason during the subscription term, the Subscriber shall cease all use of the Licensed Materials Immediately.

Expiry or termination of a subscription shall be without prejudice to the accrued rights and Obligations of the parties.

Intratec reserves the right to limit, suspend or terminate the use of a Website Visitor's Account without being liable to the Website Visitor if the Website Visitor is in breach with any part of the present terms.

Intratec reserves the right to refuse registration and deny issuance of an Account in the event a Website Visitor does not comply with parts of the present terms.

Intellectual Property Rights

All intellectual property rights, including but not limited to copyright and other proprietary rights, in Intratec Reports, Extra Analyses, Indexes & Pricing Data and the Licensed Materials, and in Intratec Website and Free Content, are and remain the property of Intratec Solutions LLC and its Affiliates.

Subscribers, Authorized Users and Website Visitors acquire no proprietary rights in Reports, Extra Analyses, Indexes & Pricing Data, in the Licensed Materials, in Intratec Website and in Free Content, and except as expressly permitted by these terms and conditions may not use Reports, Extra Analyses, Indexes & Pricing Data, the Licensed Materials, Intratec Website and Free Content in any way that infringes the intellectual property rights in them. In particular, Subscribers, Authorized Users and Website Visitors may not; (i) make Reports, Extra Analyses, Indexes & Pricing Data or any part of the Licensed Materials available to unauthorized persons; (ii) re-sell Intratec Reports, Extra Analyses, Indexes & Pricing Data or any part of the Licensed Materials or Free Content to others; or (iii) obscure or remove any copyright notices that appear on Licensed Materials or Free Content extracted from Reports, Extra Analyses, or Indexes & Pricing Data.