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 this website http://www.nanowerk.com, http://www.nanorisk.org or other Nanowerk websites operated by us (collectively "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 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. 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.
In no event will NANOWERK be held responsible for comments posted on Our Website, third party content, products or services, whether or not advertised on Our Website and whether or not linked to or from Our Website.
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. PRODUCT INFORMATION
Product information and descriptions, including product photographs, available on Our Website, such as for example our Nanowerk Nanomaterial Database™, are for informational purposes only and are based upon the best information made available to us.
Product information, descriptions and specifications found on Our Website are not guaranteed, are not contractual in nature and cannot be used to bind us.
NANOWERK is not responsible for errors, omissions or inaccuracies in the technical specifications, product information or product descriptions found on Our Website.
III. 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.
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 any manufacturer or supplier described on Our Website.
NANOWERK is not responsible for information and representations made by advertisers, and NANOWERK is not liable for any claim, loss, expense or damage occasioned by such information or representations.
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 any manufacturer or supplier described on Our Website.
Specifically and without limitation, NANOWERK declines responsibility for
any error, inaccuracy, or omission concerning information available on Our Website
any act or omission of an advertiser
any and all damages resulting from unauthorized intrusion by third parties (hackers) who modify information or content available on Our Website
any and all damages arising from malicious electronic agents such as viruses
any and all damages arising from privacy breaches
any and all claims for lost data, lost profits, loss of business, or any and all other consequential, incidental, special, indirect or punitive damages, regardless of cause, origin, nature, or consequence and even if NANOWERK may have been advised of the possibility of such damage, arising from access to or use of Our Website or the impossibility of reaching or using Our Website.
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.
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.
IV. POSTING COMMENTS
Certain pages on Our Website may provide a comments section ("Comment Service") where users of Our Website may leave a comment ("Comment"). NANOWERK does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because NANOWERK does not control the content posted via the Comment Service, NANOWERK does not guarantee the accuracy, integrity or quality of such content.
Users of Our Website acknowledge that by using the Comment Service, they may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will NANOWERK be liable in any way for any Comment, including, but not limited to, any errors or omissions in any Comment, or any loss or damage of any kind incurred as a result of the use of any Comment posted, emailed, transmitted or otherwise made available via the Comment Service. Should Comment be found or reported in violation with, but not limited to, the following terms, it will be NANOWERK’s sole discretion as to what action should be taken.
Every user of Our Website agrees to NOT use the Comment Service to:
upload, post, email, transmit or otherwise make available any Comment that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
upload, post, email, transmit or otherwise make available any Comment that shows nudity, partial nudity or adult content;
upload, post, email, transmit or otherwise make available any Comment that exhorts others to commit illegal acts;
impersonate any person or entity, including, but not limited to, a NANOWERK official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Comment transmitted through the Comment Service;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
repost Comment that was deleted;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another;
upload, post, email, transmit or otherwise make available any Comment that includes personal or identifying information about another person without that person's explicit consent;
upload, post, email, transmit or otherwise make available any Comment that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";
use Our Website as a forwarding service to another website;
solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users;
upload, post, email, transmit or otherwise make available any Comment that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.
V. 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 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 and the services provided by Our Website.
VII. 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.
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