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Last Modified: 18 December 2013

Welcome to the website of Xerium Technologies, Inc. (“Xerium”, “we” or “us”). The website provides information about us and certain topics we feel you may find of interest. While we anticipate you will find this information useful, please note that your actual use of the website and that information is limited in important ways. These limitations appear in this document, our terms and conditions of use (these “Terms of Use”). The Terms of Use govern your access to and use of www.xerium.com, including any content, functionality and services offered on or through www.xerium.com (the “website”). 

Please read the Terms of Use carefully.  By accessing and using the website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the website. 

Your Permission to Use the Website

Subject to these Terms of Use, Xerium grants you a limited, non-exclusive permission to only (a) manually search and view information available through the website and (b) download and make limited printouts of the information you view, in each case only for your personal non-commercial use.

Your permission is limited in a number of ways. You may not redistribute, retransmit, publish, or republish any material on or downloaded from the website without written permission from us. Your permission to use and access the website will terminate immediately, without any further action by Xerium, if you breach any of these Terms of Use.

Xerium is the owner or licensee of all rights in the website, its content, software, and services. You have no right in such content, software or services not expressly granted in these Terms of Use. “Xerium” and the logos or other proprietary marks of Xerium, its affiliates and their licensors are trademarks of Xerium, its affiliates or their licensors. No right, title or interest in those trademarks is granted you in these Terms of Use.

What You Agree Not to Do

In exercising the limited rights granted you under these Terms of Use, you agree not to:

  1. Use the website to threaten, harass, stalk, abuse or otherwise violate another’s legal rights;
  2. Intercept or attempt to intercept email or other private communications not intended for you;
  3. Delete or change any material posted or provided on the website;
  4. Link to or frame all or part of the website without the written permission of Xerium;
  5. Change or delete any proprietary notices from materials downloaded or printed out from the website;
  6. Distribute, if permitted, any materials downloaded or printed out from the website without attribution to Xerium.
  7. Systemically download or print out materials from the website;
  8. Systemically upload files or data that contain a virus or corrupted data;
  9. Transmit or provide any data from the website to a third party;
  10. Disrupt the availability of the website to others; and
  11. Use the website in a manner contrary to any law.

The Website Is Provided AS IS

We make no representations about the accuracy, completeness, suitability or timeliness of the materials and information provided on the website. The website may contain inaccuracies or typographical errors.  Additionally, business information changes rapidly, so the contents of the website may not necessarily be complete or up-to-date. Any of the material on the website may be out of date at any given time, and we are under no obligation to update such material.  Accordingly, you should not rely on this website as comprehensive, complete or error-free.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED AS IS AND AS AVAILABLE. XERIUM, ITS AFFILIATES AND THEIR LICENSORS MAKE NO, AND HEREBY DISCLAIM ANY, WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XERIUM AND ITS AFFILIATES ALSO DISCLAIM ANY WARRANTY THAT THE WEBSITE WILL BE AVAILABLE AT ALL TIMES OR OPERATE ERROR FREE.

FURTHER, XERIUM, ITS AFFLIATES AND THEIR LICENSORS MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE SERVICES OR INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.

You Are Solely Responsible for Your Use of the Website

You agree to be solely responsible for your use of the website, and agree to indemnify, defend, and hold harmless Xerium, its directors, officers, employees, agents, affiliates, information providers and licensors from any claim arising out of or related to your use of, or inability to use, the website.

TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF XERIUM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS, AND LICENSORS SHALL BE LIABLE FOR ANY DAMAGES YOU MAY SUFFER OR CAUSED THROUGH YOUR USE OF, OR YOUR INABILITY TO USE, THE WEBSITE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, NONE OF XERIUM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS, AND LICENSORS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THE WEB SITE.

Xerium Is Not Responsible for Any Links to or from Other Sites

The website may include links to websites or web pages operated by third parties, or other websites or web pages may link to the website or to specific pages within the website. Xerium does not monitor, filter, edit, or censor the materials or information appearing on these other websites or web pages. Xerium and its affiliates assume no liability or responsibility for these other websites or web pages or their content. Any link to or from a third-party website or web page is not an endorsement of that website or web page by Xerium or its affiliates.

These Terms of Use are Governed by North Carolina Law

You agree that these Terms of Use and any dispute arising out of or related to these Terms of Use or your use of the website shall be governed by the laws of the State of North Carolina, United States of America, without regard to any choice-of-law provision that may cause the laws of any other jurisdiction to be applied.

You Agree to Bring any Action Against Us in Raleigh, North Carolina Within One Year

You agree that the state or federal courts located in Raleigh, North Carolina, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to these Terms of Use or your use of the website. You waive any claim that a court located in Raleigh, North Carolina lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.

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.

Other Miscellaneous Provisions

These Terms of Use are severable to the extent any term is deemed invalid, illegal, or unenforceable. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. Xerium’s failure to enforce any provision of these Terms of Use shall not be deemed a waiver of that or any other provisions of these Terms of Use.

These Terms of Use are effective as of the date you first access any web page on the website. Xerium may modify these Terms of Use at any time. Any modifications to these Terms of Use will be effective immediately the next time you access the website after any amended agreement is posted, so please review these Terms of Use each time you access the web site. Your continued access to the website constitutes your acceptance of any modification to these Terms of Use in effect at the time of your access. No modification or attempted modification of these Terms of Use by you shall be binding on Xerium.

These Terms of Use constitute the entire and only understanding between you and Xerium regarding the website. In the event of any conflict between these Terms of Use and any policy or statement regarding your use of the website, these Terms of Use shall govern.

Notices sent to you by Xerium in connection with these Terms of Use may be delivered to you by electronic mail, a general notice on the website, or by written communication delivered by first class U. S. mail. You may give notice to Xerium at any time by letter delivered by first class postage prepaid U. S. mail or overnight courier to the following address:

Xerium Technologies, Inc.
14101 Capital Blvd
Youngsville, NC 27596

Those provisions of these Terms of Use that normally would survive the termination of an agreement shall survive any termination of these Terms of Use.