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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.
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I. CONDITIONS OF YOUR USE OF OUR WEBSITE
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WHO WE ARE
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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.
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PROPRIETARY WEBSITE CONTENT
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All proprietary content residing on this website https://www.nanowerk.com 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.
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LINKS TO AND FROM OUR WEBSITE AND THIRD PARTY ADVERTISEMENTS
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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.
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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.
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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".
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II. PRODUCT INFORMATION
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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.
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Product information, descriptions and specifications found on Our Website are not guaranteed, are not contractual in nature and cannot be used to bind us.
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NANOWERK is not responsible for errors, omissions or inaccuracies in the technical specifications, product information or product descriptions found on Our Website.
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III. LIMITATIONS OF LIABILITY AND INDEMNITY
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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.
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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.
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NANOWERK has no control over the sites, catalogs, and products of any manufacturer or supplier described on Our Website.
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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.
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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.
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Specifically and without limitation, NANOWERK declines responsibility for
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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.
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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.
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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.
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IV. WEBSITE AVAILABILITY
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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.
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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.
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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.
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V. OUR PRIVACY POLICY
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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.
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VI. GOVERNING LAW AND JURISDICTION
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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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VII. MODIFICATION OF THESE TERMS OF USE
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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.
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