MP Materials Logo

Disclaimers

Web Site Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR USE OF THIS WEB SITE AND YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. These terms and conditions apply to the web site located at www.mpmaterials.com (the “Web Site”) and the design and content featured on this Web Site including text, product information, graphics, artwork, images, so-called “look and feel”, photography, audio and video clips or content, employment opportunities, software, data and other information on this Web Site as may be updated from time to time (the “Content”). By accessing and using this Web Site and the Content, you agree to be bound by these terms and conditions. These terms and conditions may change from time to time without prior notice to you, and you agree to be bound by the terms and conditions which are in effect each time you access this Web Site and/or the Content. If you do not agree with these terms and conditions, do not access or use the Web Site or the Content.

Consent and Restrictions

Please note that your use of this Web Site and/or the Content constitutes your unconditional agreement to follow and be bound by these terms and conditions. Although you may “bookmark” a particular portion of this Web Site and thereby (or by other means) bypass this Agreement, your use of this Web Site still binds you to the terms of the Agreement. We reserve the right, at any time, to modify, suspend or discontinue our Web Site and/or any Content without notice to you.

Web Site Content Ownership and Permitted Use

The Web Site and Content and all intellectual property rights in the Web Site and Content are owned by MP Materials or its affiliates (“MPM”, “we” or “us”) or others who have permitted us to display content owned by them. You may view the Content and print or save one copy of any portion of the Content for personal, non-commercial use provided that you do not modify the Web Site, the Content, or any copyright or other proprietary notices on any Content. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any part of the Web Site or the Content. The Content is protected by law, including, but not limited to, U.S. copyright law and international treaties, trade-marks, trade dress and/or other proprietary rights. Except for the limited rights granted above, all other rights are reserved. The Content is for information purposes only, and should not be relied upon as accurate, timely or fit for any particular purpose. Any pricing set out on the Web Site or in the Content is for informational purposes only and is not an offer open for acceptance by you. Any information related to employment, human resources or recruiting is preliminary and all related correspondence is subject to additional terms and conditions available upon request.

Links to Third Party Web Sites

We do not endorse or guarantee the accuracy of content, information or materials contained in any third party’s web site whose link appears in the Web Site. These links are provided for convenience only, and you access the links at your own risk and by accessing them you leave our Web Site and our terms and policies no longer govern. MPM is not liable for such third party web sites or their contents nor does MPM have any control or power over such third party web sites.

Prohibited or Unlawful Use

You represent and warrant that you will not use our Web Site and/or the Content for any purpose that is either unlawful or prohibited by any of these Web Site Terms of Use. You agree not to reverse engineer any aspect of the Web Site or use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Web Site or to extract data. You agree not to “frame” the Web Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose. MPM, in its sole and unfettered discretion, reserves the right, without prejudice to any rights or claims that we may have against you, to refuse service, terminate accounts, and/or cancel orders for any reason whatsoever, including, without limitation, if we believe that your use of our Web Site contravenes these Web Site Terms of Use, violates applicable law or is harmful to MPM’s interests.

Disclaimer and Limitation of Liability

THE WEB SITE AND THE CONTENT ARE FOR GENERAL INFORMATION ONLY AND ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEB SITE OR THE CONTENT IS AT YOUR OWN RISK. WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEB SITE OR THE CONTENT AND DO NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE WEB SITE OR THE CONTENT. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT MPMO DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THIS WEB SITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEB SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEB SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEB SITE OR THE CONTENT. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH ANY OF MPMO’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Indemnity

You agree to forthwith defend, fully indemnify and hold MPM, including its affiliates, subsidiaries, and their respective officers, directors, agents and employees, completely harmless from and against any and all loss, actions, claims, damages, costs and expenses, including reasonable legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Web Site, including any Content on the Web Site. This provision shall survive the termination of this Agreement and remain in full force and effect.

General

This Web Site Terms of Use together with the agreements and policies referenced herein (the “Agreement”), represents the complete agreement between you and us in relation to the matters covered by this Agreement and supersedes all prior agreements and representations between you and us. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure by MPM to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. We may assign our rights and obligations under this Agreement to any party at any time without notice to you. This Agreement shall be governed by and construed in accordance with the laws of Delaware. Any action or proceeding arising out of or related to this Agreement or your use of this Web Site must be brought in the courts of Delaware and you hereby irrevocably submit to the jurisdiction of the courts in Delaware for all such purposes. Notwithstanding the foregoing, any action brought by you in respect of this Agreement must be submitted to binding arbitration in Delaware.