Terms and Conditions of Use

The website and its contents are designed to comply with U.S. laws and regulations. Balchem Corporation (“Balchem”) provides and maintains this website for your information, communication, and use. Although accessible by others, the website and its contents are intended for access and use by US residents only. 

1. Acceptance

These Terms and Conditions of Use (“Terms of Use”) are entered into between You and Balchem Corporation and its subsidiaries (“We” or “Us” or “Balchem”). By using or accessing www.balchem.com (“Website”), you agree to these Terms of Use. If you do not want to agree to these Terms of Use, you must not use or access the Website. 

2. Changes

We may revise and update these Terms of Use from time to time at Our sole discretion. All changes are effective immediately when We post them and apply to all access to and use of the Website thereafter.

3. Forward-Looking Statements

Except for historical information contained herein, material or statements made on this website may constitute forward-looking statements within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934. Such forward-looking statements involve certain risks and uncertainties, including statements regarding the intent, belief or current expectations of Balchem and its management regarding the company’s strategic directions, prospects and future results. Certain factors may cause actual results to differ materially from those contained in the forward-looking statements, including economic and other conditions in the markets in which we operate, our competitive environment, long-term regulatory effects, labor issues, governmental regulation, increases in raw material prices, cyclical and seasonal fluctuations in our operating results, and other risks discussed in the company’s filings with the Securities and Exchange Commission, which discussions are incorporated herein by reference.

 4. Privacy

Balchem is committed to respecting Your privacy and therefore does not collect personally identifiable information without Your prior knowledge. We use cookies on Balchem.com. By using the Website, you consent to the use of cookies. Cookies can be “persistent” or “session” cookies. When you use and access the Website, we may place a number of cookies files in your web browser. Essential cookies. We may use essential cookies to authenticate users and prevent fraudulent use of user accounts.

Balchem will not sell or make available any collected information to any third party except where required by law or in a good-faith belief that such action is necessary to (a) comply with legal process, (b) protect and defend the rights or property of Balchem, the Website, or its users,  (c) to protect the personal safety of Balchem employees, users of the Website, or the public at large, or (d) under other exigent circumstances. This Website may provide links to other sites. Since We do not control these linked sites, We cannot guarantee the standards of every website to which We link nor be responsible for the content of non-Balchem sites. Your linking to any other pages or other sites is at Your own risk. We encourage you to review the privacy policies of these sites.

5. Website Use

These Terms of Use permit you to use the Website for your personal, non-commercial use only. Material on this Website may not be used except as in accordance with these Terms of Use.

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate Balchem, a Balchem employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Balchem or users of the Website, or expose them to liability.
  • To use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • To use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • To use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without Our prior written consent.
  • To use any device, software, or routine that interferes with the proper working of the Website.
  • To introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • To attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • To attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, would give rise to civil liability, or would otherwise violate applicable law or regulation. Balchem will fully cooperate with any law enforcement authorities or court order requesting or directing Balchem to disclose the identity of anyone posting any such information or materials.

You may link to Our homepage, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on Our part.

6. Intellectual Property

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Balchem, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, trade dress, and other intellectual property or proprietary rights laws.

You must not (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as necessary to access and use the Website or to copy or download a reasonable number of pages of the Website for Your own personal, non-commercial use; (b) modify copies of any materials from this site; or (c) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

No right, title, or interest in or to the Website or any content on the Website is transferred to You, and all rights not expressly granted are reserved by Balchem.

Images and content displayed on the website are either the property of or used with permission by Balchem. The use of these images by You is prohibited unless specifically permitted by these Terms and Conditions or by specific permission provided elsewhere on the Website. Unauthorized use of images or content may violate applicable law or regulations, copyright, trademark, privacy, or publicity laws.

The trademarks and logos (collectively, the “Trademarks”) displayed on the Website are trademarks of Balchem and others. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the express written permission of Balchem or such applicable third party. Misuse of the Trademarks on the Website, except as provided in these Terms of Use, is strictly prohibited.

7. Liability; Warranties

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER BALCHEM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. THIS INCLUDES DAMAGES TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED TO YOU “AS IS,” WITHOUT WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

8. Miscellaneous

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, although We retain the right to bring any suit, action, or proceeding against You for breach of these Terms of Use in Your place of residence. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

No waiver by Balchem of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Balchem to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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