TERMS OF USE

 

Welcome to Nanotex.com. Please read these Terms of Use (the “Terms”) carefully, as they explain the terms and conditions that you accept when you visit or use this web site (the “Site”). Nanotex, Inc. and its affiliates (“Nanotex”) provide you access to the Site subject to your agreement and compliance with the Terms. By visiting or using the Site, you agree to be bound by the Terms. If you do not agree with the Terms, please do not visit or use the Site. Nanotex may update or revise the Terms at any time and for any reason. If the Terms are updated or revised, the new Terms will be posted on the Site along with the date the Terms were last updated or revised. Your use of the Site after new Terms are posted will constitute your binding acceptance of the new Terms.

Ownership of Site and Content

The Site and all of the information, text, data, graphics, images, logos, audio, video and any other items included in or accessible from the Site (collectively, the “Content”) is owned by Nanotex or other content providers and protected by United States and international copyright, trademark, and other intellectual property laws. Nanotex reserves all available legal rights in the Content.

Restrictions on Use

You have the non-exclusive right to use the Content only for your own personal and noncommercial use. You may not copy, download, transmit, publish, imitate, modify or create any derivative works from the Content without the prior written permission of Nanotex, which consent may be withheld for any reason. Any unauthorized use of the Content is strictly prohibited.

You agree that your use of the Site is solely at your own risk and that Nanotex will not be responsible or liable for any damages suffered by you or a third party in connection with your use of the Site. You agree to use the Site only for lawful purposes and to comply with all applicable national, state or local laws, statutes, regulations and ordinances. You may not use any device, software or other method to interfere with or attempt to interfere with the proper working of the Site or otherwise prevent another user from using and enjoying the Site. Nanotex may terminate your use of the Site without notice if Nanotex believes, in its sole discretion, that you have violated any of the Terms.

Third Party Sites

The Site may contain links to web sites owned or operated by independent third parties (each a “Third Party Site” and, collectively, the “Third Party Sites”). The fact that the Site may contain links to the Third Party Sites does not mean that Nanotex endorses the products, services, or content offered at any Third Party Site or agree with any of the representations or other statements made on any Third Party Site. Nanotex does not control the Third Party Sites, and therefore Nanotex does not accept any responsibility or liability for the quality, content, nature or reliability of the Third Party Sites. When you visit a Third Party Site, you should immediately review its terms of use and privacy policy before using other portions of the Third Party Site.

Disclaimers

THE SITE AND THE CONTENT ARE PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS. Nanotex MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THE SITE OR THE CONTENT. FURTHERMORE, Nanotex DOES NOT MAKE ANY REPRESENTATION, WARRANTY, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, CORRECTNESS, OR RELIABILITY OF THE SITE AND THE CONTENT. Nanotex DOES NOT GUARANTEE THAT THE SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. Nanotex DOES NOT GUARANTEE THE SITE OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, Nanotex DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Nanotex DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES REFERENCED IN THE SITE, THE CONTENT, OR THE THIRD PARTY SITES. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ANY CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT Nanotex IS NOT RESPONSIBLE OR IN ANY WAY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.

Limitation of Liability

To the fullest extent allowed by applicable law, in no event shall Nanotex be liable to you or any other person for any direct, indirect, incidental, special, consequential or punitive damages or any other type of damages arising out of or connected with the use or Content of the Site OR ANY THIRD PARTY SITE, whether based on breach of contract, negligence, strict tort liability, product liability, or otherwise.

 

 

Indemnification

You agree to indemnify and hold Nanotex harmless from any claim, loss, or damages (including attorneys’ fees) made or incurred by any third party and arising out of your violation of the Terms.

Privacy

In addition to the Terms on this page, please review the Privacy Policy, which explains our privacy practices when you visit and use the Site.

General Provisions

If any portion of the Terms is deemed invalid, void, or unenforceable by a court law, that portion will be eliminated and the remaining portions of the Terms will remain valid and continue in full force and effect.

The failure of Nanotex to enforce or exercise any provision of the Terms shall not be considered a waiver of any right or provision in the Terms.

The Terms shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflicts of law rules. Regardless of where you access the Site, you agree that any litigation arising out of or related to the Site shall be exclusively in the state or federal courts located in Alameda County, California.

The Terms constitute the entire agreement between you and Nanotex regarding your use of the Site.