Nanowerk > Terms
Nanowerk Terms of Use
| Any order, request for quote, or any other inquiry submitted through this website http://www.nanowerk.com or other Nanowerk website operated by us (collectively "Our Website") to a participating manufacturer or supplier of nanomaterials ("Nanowerk Affiliate") signifies your acceptance of Our Website Terms of Use in their entirety. | |
| YOUR USE OF OUR WEBSITE, OR ANY OF THE SERVICES OFFERED BY OR THROUGH OUR WEBSITE, SHALL CONSTITUTE YOUR ACCEPTANCE OF OUR WEBSITE TERMS OF USE AND ALL THE TERMS AND CONDITIONS SET FORTH BELOW. | |
| A) WEBSITE TERMS OF USE | |
| I. CONDITIONS OF YOUR USE OF OUR WEBSITE | |
| WHO WE ARE | |
| Our Website is published and owned by NANOWERK LLC ("NANOWERK"), a limited liability company existing under the laws of the State of Hawaii, United States of America. Our main office is located at 700 Bishop Street, Suite 1700, Honolulu, Hawaii 96813, USA. | |
| PROPRIETARY WEBSITE CONTENT | |
| All proprietary content residing on Our Website is owned or licensed by us. You may not copy, reproduce, modify, frame, publish, republish, download, upload, modify, decode, transmit or otherwise distribute, via any media, partially or completely, any aspect or element of Our Website or its content, whether or not visible, including, without limitation, product data sheets, product photographs, advertisements, and editorial content appearing on or contained in Our website, without our advanced written authorization, provided that you may make a single copy for your personal, private, and non-commercial use. | |
| LINKS TO AND FROM OUR WEBSITE AND THIRD PARTY ADVERTISEMENTS | |
| NANOWERK does not control nor have the ability to control third party websites, including Nanowerk Affiliate websites, that are linked from or to Our Website. NANOWERK does not endorse, approve or recommend the websites or the contents, products or services offered by websites that are linked to or from Our Website, including Nanowerk Affiliate websites. NANOWERK also does not endorse, approve or recommend the products or services advertised by third parties on Our Website or the companies placing these advertisements. NANOWERK does not undertake to examine, monitor, or evaluate the contents, advertisements, products, services or other material made available on or through third party advertisements and websites, including Nanowerk Affiliate websites. | |
| In no event will NANOWERK be held responsible for third party content, products or services, whether or not advertised on Our Website and whether or not linked to or from Our Website, and even if the third party is a Nanowerk Affiliate. | |
| It is your responsibility to take appropriate precautions when when responding to third party advertisements and when visiting a third party website that may be linked to or from Our Website including precautions necessary to avoid infection by malicious electronic agents such as "viruses", "Trojan horses", or any other "parasites". | |
| II. PRICES LISTED ON OUR WEBSITE | |
| Prices listed on Our Website are for informational purposes only. They are provided based on the latest available information from the Nanowerk Affiliate. Prices may or may not be expressed with all taxes included. | |
| If a Nanowerk Affiliate has agreed to provide a price discount to Nanowerk originated buyers, this discount will apply to the prevailing price quoted by the Nanowerk Affiliate and the Affiliate's discounted price will be reflected on Our Website. | |
| The prices listed on Our Website are not contractual, do not constitute offers to sell, and cannot be used to bind us or our Nanowerk Affiliates. | |
| Also, the presence of a price on Our Website does not imply its availability from the Nanowerk Affiliate. We therefore recommend that you contact the Nanowerk Affiliate or consult their website to confirm each product's pricing and availability. | |
| III. NANOWERK AFFILIATE DISCOUNTS | |
| A Nanowerk Affiliate is a manufacturer or supplier who has entered into an agreement with NANOWERK to offer its products through Our Website. A Nanowerk Affiliate is designated as such on Our Website. Some Nanowerk Affiliates have agreed to provide visitors to Our Website with preferential, discounted pricing. | |
| In order to benefit from a Nanowerk Affiliate discount, you must either (a) place an order with a Nanowerk Affiliate directly through Our Website by clicking on the "Inquire/Order" button, (b) contact the Nanowerk Affiliate through Our Website by clicking on the "Inquire/Order" button, or (c) contact the Nanowerk Affiliate directly by email, telephone, or fax and request the Nanowerk Affiliate discount that is reflected on Our Website in advance of placing your order. Unless the Nanowerk Affiliate confirms the discount to you at the time of placing the order, you should not expect to receive the discount. Nanowerk Affiliate discounts only apply to products listed on Our Website and not to other products that may be offered by the Nanowerk Affiliate. | |
| NANOWERK is not responsible if pricing or discounts described on Our Website are not available or are not honored by a Nanowerk Affiliate, irrespective of the reasons therefore. | |
| IV. PRODUCT INFORMATION | |
| Product information and descriptions, including product photographs, available on Our Website are for informational purposes only and are based upon the best information made available to us by our Nanowerk Affiliates. The product information and descriptions found on Our Website are subject to the terms and conditions of sale set forth on the Nanowerk Affiliate's website and/or as otherwise prescribed by the Nanowerk Affiliate. | |
| Product information, descriptions and specifications found on Our Website are not guaranteed, are not contractual in nature and cannot be used to bind us or our Nanowerk Affiliates. | |
| NANOWERK is not responsible for errors, omissions or inaccuracies in the technical specifications, product information or product descriptions found on Our Website. | |
| Products described on Our Website and those offered by Nanowerk Affiliates may be subject to laws regulating the import and export of goods being shipped into or out of the U.S. or other countries. These laws may provide for severe monetary or even criminal penalties, and can result in the seizure and forfeiture of goods that you have purchased and paid for. The fact that a product is displayed or described on Our Website does not imply that the product can be imported into or exported from the U.S. or any other country. It is your responsibility to learn about the laws of your country and of any other country whose laws may be implicated by purchases that you intend to make. | |
| V. LIMITATIONS OF LIABILITY AND INDEMNITY | |
| NANOWERK is not and does not act as a representative or agent of any manufacturer or supplier of products and services, including of its advertisers and Nanowerk Affiliates. NANOWERK does not, is not authorized to, and does not purport to, act for or on behalf of any manufacturer or supplier of products and services, including for or on behalf of its advertisers and Nanowerk Affiliates. | |
| Nanowerk Affiliate orders can be placed directly with the Nanowerk Affiliate through Our Website. By clicking the "Inquire/Order" button on Our Website, you can make an offer to purchase that is transmitted through Our Website to the Nanowerk Affiliate. Your offer to purchase only becomes an order, and a commitment on the part of the Nanowerk Affiliate, after the Nanowerk Affiliate confirms the details of the order to you by a reply communication. | |
| While we seek to ensure to the maximum extent possible the accuracy and timeliness of the information available on Our Website, we cannot and do not guarantee the accuracy, reliability, timeliness, or completeness of that information at any given time. | |
| NANOWERK has no control over the sites, catalogs, and products of its Nanowerk Affiliates or any other manufacturer or supplier described on Our Website. | |
| NANOWERK is not responsible for information and representations made by advertisers and Nanowerk Affiliates, and NANOWERK is not liable for any claim, loss, expense or damage occasioned by such information or representations. | |
| NANOWERK is not responsible for any nonconformity, defect, and/or delay of delivery of any product or service that you purchase from a Nanowerk Affiliate, whether or not through Our Website, and NANOWERK is not liable for any claim, loss, expense or damage as a result of your using Our Website to purchase products or services from a Nanowerk Affiliate or from any other manufacturer or supplier described on Our Website. | |
| NANOWERK is not responsible for any loss, damage or injury suffered as a result of the violation of any import or export restriction or other law governing products purchased through or as a result of your or another's use of our Our Website. | |
| Specifically and without limitation, NANOWERK declines responsibility for | |
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| The information, content and services available on Our Website are provided "as is" without any representations or warranties of any kind, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. | |
| Any request for a product refund must be made directly to the Nanowerk Affiliate, and will be determined according to the terms and conditions of sale of the Nanowerk Affiliate. In no case will NANOWERK be responsible for product refunds. | |
| You agree to indemnify, defend and hold NANOWERK, its members, employees and agents harmless from and against any and all claims, damages, losses and assessments, of whatever type or nature, arising or resulting from your use of Our Website or from information or representations you make or send on or through Our Website. | |
| VI. WEBSITE AVAILABILITY | |
| You acknowledge that it is technically impossible to provide Our Website free from all defects. Latent defects may lead to the temporary unavailability of Our Website; and the operation of Our Website may be affected by events and/or elements over which NANOWERK has no control as, for example, the telecommunications and computer networks over which information between you and NANOWERK and between NANOWERK and third parties is carried. | |
| NANOWERK and/or its Nanowerk Affiliates may, at any time, modify or interrupt the availability, temporarily or permanently, of all or part of Our Website or their websites in order to perform maintenance, modify, update or upgrade these sites. | |
| NANOWERK is not responsible for any inconvenience or damage that may be caused as a result of any modification, suspension, or interruption in availability of Our Website, the services provided by Our Website, and/or the Nanowerk Affiliates' websites. | |
| VII. OUR PRIVACY POLICY | |
| Please see the Privacy Policy posted on Our Website for an explanation as to what personal information we may collect, how we may use this personal information, how we safeguard the personal information, and how you can review and correct personal information that we may collect about you. | |
| VIII. GOVERNING LAW AND JURISDICTION | |
| Our Website, its content, and your use of Our Website is governed by the laws of the State of Hawaii and the United States of America. Any and all claims arising from Our Website or the use of Our Website, regardless of form, nature or type, must be brought in the courts or other tribunal located in Honolulu, Hawaii, USA. | |
| Your conduct and any agreement you may make with a Nanowerk Affiliate, may be governed by other laws. It is your responsibility to learn about the laws of your country and of any other countries whose laws may be implicated by a purchases that you intend to make including, without limitation, laws pertaining to importing and trade in nanomaterials, chemicals and other products described on Our Website and/or offered by a Nanowerk Affiliate. | |
| IX. MODIFICATION OF THESE TERMS OF USE | |
| We may modify Our Website Terms of Use at any time and without advance notice to you. Your use of Our Website with modified terms of use constitutes your agreement to the modified terms. We recommend you consult our Terms of Use periodically, and before transacting commerce through Our Website, in order to ensure that you are familiar and in agreement with our Terms of Use as they exist at that time. | |
| B) TERMS AND CONDITIONS FOR USE OF NANOWERK NANOTALK SERVICE | |
| X. DESCRIPTION OF NANOTALK SERVICE | |
| Nanotalk is a free, online application from Nanowerk (the "Nanotalk Service"). You understand and agree that the Nanotalk Service is provided on an AS IS and AS AVAILABLE basis. Nanowerk disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Nanotalk Service. Nanowerk also reserves the right to modify, suspend or discontinue the Nanotalk Service with or without notice at any time and without any liability to you. | |
| XI. PERSONAL USE | |
| The Nanotalk Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use this Nanotalk Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Nanotalk Service. You are responsible for maintaining the confidentiality of your Nanotalk Service password and account, and are responsible for all activities that occur thereunder. Nanowerk reserves the right to refuse service to anyone at any time without notice for any reason. | |
| XII. PROPER USE | |
| You agree that you are responsible for your own communications and for any consequences thereof. Your use of the Nanotalk Service is subject to your acceptance of and compliance with this agreement (“the Agreement”). You agree that you will use the Nanotalk Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Nanotalk Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Nanowerk; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Nanotalk Service; (iv) use the Nanotalk Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. Nanowerk reserves the right, but shall have no obligation, to investigate your use of the Nanotalk Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. | |
| XIII. YOUR INTELLECTUAL PROPERTY RIGHTS | |
| Nanowerk does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Nanotalk account. We will not use any of your content for any purpose except to provide you with the Nanotalk Service. | |
| XIV. REPRESENTATIONS AND WARRANTIES | |
| You represent and warrant that (a) all of the information provided by you to Nanowerk to participate in the Nanotalk Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. | |
| XV. PRIVACY | |
| As a condition to using the Nanotalk Service, you agree to the terms of the Nanowerk Privacy Policy as it may be updated from time to time. Nanowerk understands that privacy is important to you. You do, however, agree that Nanowerk may monitor, edit or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Nanowerk Privacy Policy. Personal information collected by Nanowerk may be stored and processed in the United States or any other country in which parent company Nanowerk LLC or its agents maintain facilities. By using Nanotalk, you consent to any such transfer of information outside of your country. | |
| XVI. INDEMNIFICATION | |
| You agree to hold harmless and indemnify Nanowerk, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Nanotalk Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Nanowerk will provide you with written notice of such claim, suit or action. | |
