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EMD CHEMICALS Inc. TERMS OF USE
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no copyright, trademark or other intellectual property right) in
or to the Site or any materials and you agree not to "frame" or
"mirror" the Site, any material contained on or accessible from
this Site on any other server or Internet-based device without the
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EMD Chemicals does not routinely monitor your postings to the Site
but reserves the right to do so. However, in our efforts to promote
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EMD Chemicals deems appropriate. You acknowledge that EMD Chemicals
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receives of such conduct. When requested, EMD Chemicals will cooperate
fully with law enforcement agencies in any investigation of alleged
illegal activity on the Internet.
Nature of the Information. The information and functionality
contained in this site has been provided as a convenience and, in
some cases, is provided by outside sources. This site has been supplied
upon the condition that you will make your own determination as
to the suitability of information contained in this site before
use and that you have the proper qualifications or expertise to
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attempt to make all information accurate at the time it is posted
to the site, EMD Chemicals cannot guarantee or warrant completeness
or accuracy, or that information will be updated. EMD Chemicals
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to information from places where the site's contents are illegal
is prohibited. EMD Chemicals may, in our sole discretion and at
any time, change site content or these terms, conditions and restrictions,
or modify or discontinue this site or specific portions of it, without
notice. Subsequent re-use of this site shall be deemed an agreement
to any previously revised terms, conditions and restrictions.
Product Safety Information. EMD Chemicals maintain material
safety data sheets (MSDSs) on all of their respective chemical products.
You are urged to obtain copies of the relevant MSDSs before using
these products to enhance the protection of your employees and customers
against any known health or safety hazards described in those MSDSs.
EMD Chemicals strive to make safety a top priority. Therefore, do
not hesitate to contact us to discuss any safety aspects of these
products. Certain areas of this site have been designed to provide
online safety or process training or advice. In all cases, such
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the scope of coverage and limiting assumptions and premises identified
in our response. The statements contained herein are based upon
technical data that EMD Chemicals believes to be reliable, are offered
for informational purposes only and as a guide to the appropriate
precautionary and emergency handling of the material by a properly
trained person having the necessary technical skills. Users should
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by them and must make independent determinations of suitability
and completeness of information from all sources to assure proper
use, storage and disposal of these materials and the safety and
health of employees and customers and the protection of the environment.
EMD CHEMICALS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR
USE, WITH RESPECT TO THE INFORMATION HEREIN OR THE PRODUCT TO WHICH
THE INFORMATION REFERS.
Governing Law and Venue. Any action related to these Terms
will be governed by the law of the State of New York, without regard
to the choice or conflicts of law provisions of any jurisdiction.
You agree to submit to the jurisdiction of the courts located in
the State of New York, for the resolution of all disputes arising
from or related to these Terms and/or your use of the Site.
The venue shall be the Southern District of New York or any other
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Jurisdictional Issues. The existence of this site and the
ability to request information or request or order products through
the site is not an offer to sell or solicit or do business in those
countries or jurisdictions in which EMD Chemicals is not permitted
by law to do business or in which EMD Chemicals does not already
conduct business. Neither the existence of this site nor the accessibility
of content of this site is intended to establish any new or additional
jurisdictional or tax contacts or relationships for or between EMD
Chemicals within any country or jurisdiction in which EMD Chemicals
does not already conduct business. You are responsible for compliance
with all local laws applicable to you with respect to the content
and operation of this site.
Online Product Orders. Nothing contained in this site shall
constitute an offer by EMD Chemicals to buy or sell products or
services. No agreement to buy or sell products or services shall
be formed by means of the use of this site until an order is placed
by a user and then accepted by EMD Chemicals in the manner described
in the specific ordering information provided with the online product
or service descriptions. Once an agreement has been formed, the
terms and conditions of the agreement shall be the terms and conditions
of EMD Chemicals governing the purchase or sale, as the case may
be, presented on-line at the time of order. All product requests
or orders are subject to prevailing law, including, as appropriate,
export and import regulations and boycotting restrictions, if any,
imposed by governing bodies having jurisdiction over such product
requests or orders.
Hyperlinks. For your convenience, this site contains hyperlinks
to other websites unrelated to EMD Chemicals that are not under
the control of or maintained by EMD Chemicals. If you use these
links, you will leave this site. We are not responsible for the
privacy practices, security or content of any such linked sites.
Links to other sites do not imply that EMD Chemicals endorses, approves,
or sponsors any information available at the linked site or any
products or services that may be sold there, nor is EMD Chemicals
liable for any damage that might result from your use of such information,
products or services. You acknowledge that EMD Chemicals is providing
these links to you only as a convenience, and you agree that EMD
Chemicals is not responsible for the content or links displayed
on such sites to which you may be linked. We make no representations
about the hyperlinks that other parties may appear to have to this
site but which are not active links to the most current information.
Cookies. The use of a technology called "cookies" is now
an industry standard and part of most major websites. "Cookies"
are small pieces of information that are stored by your web browser
software on your hard drive or temporarily in the memory of your
computer. Cookies can be useful to you because it helps you move
more quickly through a web site by recording information from your
last visit to a site, such as user name, registration information
and pages viewed. In addition to recording website usage, cookies
track traffic patterns, add advertisements for goods or services
of interest, and estimate website audience size. Some of the Web
pages of this site use cookies to better serve your needs for return
visits to this site. Your browser can be set to notify you when
a cookie is received so that you may choose whether to accept it.
IP Addresses. An Internet Protocol (IP) address is a unique
string of numbers that is assigned to a computer by an Internet
Service Provider. Web servers automatically identify computers by
their IP addresses. EMD Chemicals will use IP addresses to help
diagnose problems with our server and to administer our website.
IP addresses also may be used to gather broad demographic information.
Disclaimer of Warranties Your use of this Site is at your
own risk. This Site may include inaccuracies or errors that may
affect the quality of the materials on the Site. The materials have
not been independently verified or authenticated in whole or in
part by EMD Chemicals. EMD Chemicals does not warrant the accuracy
or timeliness of the materials. EMD Chemicals has no liability for
any errors or omissions in the materials, whether provided by EMD
Chemicals or third parties.
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS,
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PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE
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BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR
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CHEMICALS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
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THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR
YOUR INABILITY TO USE THE SITE, EVEN IF EMD CHEMICALS HAS PREVIOUSLY
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN
UNION, EMD CHEMICALS DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR
DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors. The descriptions, pictures and other
representations of products on this site may contain inaccuracies
and errors. EMD Chemicals does not make any warranty or representation
with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site
may change without notice to you at any time at EMD Chemical's sole
discretion. EMD Chemicals shall have the right to refuse or cancel
any orders placed for product listed at incorrect price. EMD Chemicals
shall have the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged.
If your credit card has already been charged for the purchase and
your order is canceled, EMD Chemicals shall promptly issue a credit
to your credit card account in the amount of the charge.
Export Restrictions. This site is maintained and operated
by EMD Chemicals from its offices within the United States. We make
no representation that the information or other materials accessed
through this site are appropriate or available for use in other
locations, and access to them from other countries where their contents
are illegal is prohibited. Those who choose to access the information
or the site from other locations do so on their own volition and
are responsible for compliance with applicable local laws. You may
not export or re-export any information or products received hereunder
except in full compliance with all United States laws and regulations.
In particular, the information or products may not be exported or
re-exported into (or to a national or resident of) any country to
which the United States embargoes goods, or to anyone on the U.S.
Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Denial Orders. In addition,
you are responsible for complying with any local laws in your country,
which may impact your right to import, export or use the information
or products.
Bulletin Boards. This site may contain chat rooms or bulletin
boards for the convenience of users of this site and EMD Chemicals.
EMD Chemicals does not control the materials or information placed
in these media. No user shall: (i) interfere with another user's
use of such media on this site; (ii) post unlawful, obscene, threatening,
libelous, defamatory, scandalous, inflammatory, pornographic, profane,
or indecent material or any material that could constitute or encourage
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infringing upon any copyright, trademark or similar proprietary
material; (iv) violate the privacy or publicity rights of others;
(v) post material containing viruses or other harmful elements;
or (vi) post material for commercial or advertising purposes. EMD
Chemicals may, from time to time, monitor or review discussions,
chats or postings in the chat rooms or on bulletin boards. However,
EMD Chemicals is under no obligation to do so and assumes no responsibility
or liability arising from the content of any such discussions, chats
or postings or for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger or inaccuracy
contained in any such discussions, chats or postings. EMD Chemicals
reserves the right to disclose any information: (x) required to
satisfy legal or governmental requirements; (y) in cooperation with
any law enforcement authorities or court order; or (z) if it has
a good faith belief that such disclosure is reasonably necessary
to protect the rights, property or personal safety of EMD Chemicals,
its employees or customers or the public. EMD Chemicals reserves
the right to remove or deny the posting of any material that EMD
Chemicals deems objectionable in its sole judgment. EMD Chemicals
may prosecute improper tampering with or use of this site to the
full extent of the law.
Proprietary Information. EMD Chemicals owns the copyright
for all of the material on this site or has a valid right from a
third party to use material on this site. Trademarks and trade names
belonging to EMD Chemicals are protected under the laws of various
jurisdictions and have been registered in various countries where
registration is legally required or considered to be beneficial.
No part of this site may be copied, reproduced, republished, uploaded,
posted, transmitted or distributed in any way, except that you may
download one copy of the materials on any single computer for your
personal, non-commercial home use only, provided you keep intact
all copyright, trademark and other proprietary notices on the materials.
Any modification of the materials or use of the materials for any
other purpose is a violation of copyright and other proprietary
rights of EMD Chemicals. The use of any such material on any other
site or computer network without the prior written consent of EMD
Chemicals, as applicable, is prohibited. Permission to link to our
information will not be granted to a site that frames or otherwise
presents our information in a manner that does not attribute such
information to us. Your use of the trademarks, service marks and
trade names on this site in any manner other than as authorized
in these terms, conditions and restrictions, or as authorized in
writing by EMD Chemicals, is strictly prohibited. Presentation of
information in this site is not intended to confer any proprietary
or other rights in our trademarks, trade names, copyrights, patents
or other proprietary rights or information nor is it intended to
infringe patent rights or other intellectual property rights held
by others. Linking to other sites does not imply that EMD Chemicals
or the linked site has any legal authorization to any trademark,
trade name, logo or copyright of the other.
Digital Signatures; Electronic Signatures; Notices. This
site does not accept notices sent by electronic means, and no digital
or electronic sound, video, action, or signature implemented through
this site shall bind EMD Chemicals, unless (i) prior written arrangements
have been made by our duly authorized officers or their appointed
representatives or (ii) with respect to a particular portion of
our site, such portion invites electronic contracting in a specific
manner, in which case electronic action in such manner shall bind
us and you as a user on the terms and conditions provided. Clicking
on "I submit" or "I agree" or "I accept" buttons on this site are
intended as a binding electronic acceptance whose contract provisions
are those terms and conditions provided online. Similarly, use of
this site constitutes the user's binding agreement to these terms,
conditions and restrictions and our binding agreement to provide
the information on this site on that basis.
Terms of Use Revisions. EMD Chemicals may revise these Terms
at any time without notice by updating this posting. Your continued
use of the Site after such modifications have been made will constitute
your acceptance of such revised Terms.
Unauthorized Activities. Submissions and unauthorized use
of any materials contained on this Site may violate copyright laws,
trademark laws, the laws of privacy and publicity, certain communications
statutes and regulations and other applicable laws and regulations.
You alone are responsible for your actions or the actions of any
person using your user name and/or password. As such, you shall
indemnify and hold EMD Chemicals and its officers, directors, employees,
affiliates, agents, licensors, and business partners harmless from
and against any and all costs, damages, liabilities, and expenses
(including attorneys' fees) incurred in relation to, arising from,
or for the purpose of avoiding, any claim or demand from a third
party that your use of the Site or the use of the Site by any person
using your user name and/or password (including without limitation
your participation in the posting areas or your Submissions) violates
any applicable law or regulation, or the rights of any third party.
PRIVACY AND SECURITY
The privacy and the security of your information is important to
us. EMD Chemicals takes care to ensure that the online data profiles
that you create and submit to us on this site are used by us to
fulfill our internal purposes in serving you as a customer. EMD
Chemicals will maintain the security of your information, and protect
the integrity of such information, with a commercially reasonable
degree of care. Our site's security measures are intended to protect
the loss, misuse or alteration of information under our control.
These measures may not fully protect such information in all cases,
therefore you should exercise care in using this site.
Unless EMD Chemicals are required to do so by law, EMD Chemicals
will not reveal to any party your online profile that you submitted
to us. EMD Chemicals will not sell your individual online profile.
EMD Chemicals will not publicize your online profile or any materials
or other information specific to your identity submitted by you
to us online, unless: (i) EMD Chemicals first receive your permission;
(ii) EMD Chemicals notify you before EMD Chemicals collect your
online profile, materials or other information that such could be
published, sold or traded; (iii) required by law; (iv) EMD Chemicals
feel it is necessary in order to protect the integrity or security
of our site; or (v) you have violated our site terms, conditions
and restrictions and EMD Chemicals feel it is necessary to protect
our business or is in the interest of an individual's personal safety.
You have the right upon request to view and verify the contents
of your online profile.
Periodically, EMD Chemicals create statistical reports that include
aggregate data regarding our customers. These reports may also include
information on sales, traffic patterns, and similar site related
information. The amount of information EMD Chemicals gather from
you may depend on the settings you have on your browser; please
refer to your browser to learn what information it sends. Our reports
are used for various purposes, including improving our site. Aggregate
data may be shared with external parties, such as industry trade
associations, marketing organizations, or organizations providing
actuarial, research study or similar services. However, no information
by which any individual customer could be identified is part of
the aggregate data that is shared.
Some of the applications on this site require either pre-qualification
or registration with us before access is granted. Once access is
granted, you will be issued a username and password. You should
safeguard your password carefully and make it available only to
those persons whom you authorize as your agent. You may not otherwise
sell, resell, assign or transfer your access rights. It is our policy
to grant access to anyone using your password in conjunction with
your username and to treat anyone using your username and password
as your agent for all purposes. You should notify us immediately
of any unauthorized use of such password.
For your convenience, this site may contain links to other websites.
EMD Chemicals can make no promises or guarantees regarding the privacy
policies of other websites or the data collection practices of such
websites. EMD Chemicals recommend that you read the privacy policy
for each website you visit.
This privacy and security statement is subject to our Web Site Terms
and Conditions.