We may ask you to provide us with personally identifiable information, which is information that could reasonably be used to identify you personally (such as your name, address, or e-mail address) when you are on theWeb Site, such as when you contact Company by sending an e-mail to any of the e-mail addresses on the Web Site, you contact us with a question, or you submit a resume. We may, at any time, add features to the Web Site that also require you to register or otherwise provide personally identifiable information. You can choose not to provide certain information, but then you may not be able to take advantage of or participate in someor all of the Web Site’s features. This Web Site is not directed to children younger than 13 and we do not knowingly collect personally identifiable information from children younger than 13 years of age.
In addition to the above, when you visit or download information from the Web Site, our web servers may automatically collect web site usage information. Web site usage information is non-personally identifiable information that describes how our visitors use and navigate this Web Site. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifiesthe web page visited prior and subsequent to visiting the Web Site, and IP address (see below for more information on IP addresses). We may determine the applicable technology available in order to serve you themost appropriate version of a web page, e-mail or similar service.
Use of Internet Protocol (“IP”) Addresses
Use and Disclosure of Information Collected
Company does not share personally identifiable information collected through the Web Site with third parties for their marketing purposes.
Company may, from time to time, share personally identifiable information collected through the Web Site with third parties under the following circumstances:
I. in response to a judicial, administrative or similar proceeding or order, such as a subpoena, or a request from local, state or federal law enforcement officials or other governmental authorities conducting aninvestigation;
II. when Company employs third parties to perform functions on its behalf, which may include, without limitation, hosting companies, communication services (including e-mail and mail), data analysts and other customer service companies; and
III. in the event Company undergoes a corporate change, such as a merger, sale of assets, or business reorganization or consolidation.
We may also disclose non-personally identifying information, such as aggregated user statistics, to third parties.
Consent to Transfer
The Web Site is operated in the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to Company will be transferred to the United States. By using the Web Site, participating in any of Company’s services or providing Company with your information, you consent to this transfer.
Ownership of Materials/License
This Web Site and all of its current and future content, including, without limitation, articles, MSDS documents, other text, photographs, illustrations, images, as well as trademarks, logos, trade dress, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, “Content”) are owned by or licensed toCompany or other authorized third parties and are protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. unauthorized use, copying, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Company may add, change, discontinue, remove or suspend any of the Content at any time, withoutnotice and without liability.
Restrictions on Use
You agree not to:
I. upload or transmit viruses, bugs, worms, Trojan horses or other harmful, disruptive or destructive files;
II. upload or transmit material that is false, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, disparaging, vulgar, obscene, pornographic, or that interferes with any third party’s uninterrupted use and enjoyment of the Web Site;
III. impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging any TCP/IP packet header or any part of the header informationin any transmission to the Web Site for any reason;
IV. upload or transmit any advertising, junk mail, spam, or chain letters; and
V. violate any applicable local, state, federal or international law, rule or regulation.
Information You Submit
Disclaimers/Limitations on Liability/Indemnity
THE WEB SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSEARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TOMAINTENANCE OR MALFUNCTION OF COMPUTER OR NETWORK EQUIPMENT.
COMPANY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:
COMPANY IS not responsible for any damage to any user’s computer OR TO ANY ATTACHED DEVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE from any security breach or from any virus, bugs, WORMS, TROJAN HORSES, TAmpering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line OR NETWORK failure or any other technical or other malfunction.
EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHERCAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT, INTERFERENCE OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIESREGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. THE WEB SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOTREPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATERTHAN ONE HUNDRED DOLLARS ($100).
By using this Web Site you agree to indemnify, defend and hold Company harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs andexpenses of defense (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms or any law, rule orregulation; (c) a claim that is based on your use of this Web Site, any domain names associated with the Web Site, and/or the Content; or (d) any content uploaded by you or through your computer to the Web Site orotherwise sent by you to Company. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense andcontrol of any matter otherwise subject to indemnification by you, and you shall not in any event defend or settle any matter without the prior written consent of Company.
Third Parties/No Endorsement
This Web Site may provide links to third-party web sites and other resources that could be of interest to our users. Your dealings or communications through the Web Site with any party other than Company are solelybetween you and that third party. Third-party web sites may have different privacy policies, terms and conditions, and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such web sites. If you decide to access and use third-party web sites, you understand, acknowledge, and agree that you do so at your own risk. You agree that COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED ORALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, GOODS, SERVICES, OR BUSINESS PRACTICES OF ANY THIRD PARTIES. Please review carefully a third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relatingto materials provided by third parties should be forwarded directly to the third party.
Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement orrecommendation by Company. Company is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requestedto inform Company of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.
If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must accurately display the Company’s name and must not damage, dilute or tarnish the goodwill associated with anyCompany names, marks or any other intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated or associated with Company. Youagree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site, unless otherwise pre-approved in writing by Company. Under no circumstances may you “frame” this Web Site or alter its intellectual property, look and feel, or Content in any way. Company reserves the right, in its sole discretion, toterminate a link with any web site that it deems inappropriate or inconsistent with the Web Site or these Terms.
Company operates the Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the contentof the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms shall be construed and enforced in accordance with the laws of the State of Connecticut, without regard to its conflicts of law principles and specifically will not be governed by the United Nations Convention on Contracts forthe International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or use of this Web Site must be filed in the County of Windham, State of Connecticut. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Windham, State of Connecticut for any cause of action arising under these Terms or related to the Web Site.
You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules, and regulations governing your transmission or use of anysoftware or data. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.
You understand and agree that Company will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site andmay be referred to law enforcement authorities. Griswold’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver ofany of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Upon demand by Company, you must destroy all materials obtained from this Web Site and allrelated documentation.
We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms. We will post any changes to these Terms on this Web Site. Your continued use of this Web Site after the posting of anychange in the Terms will constitute your acceptance to be bound by any such changes.
For questions or comments regarding these Terms or the Web Site please contact firstname.lastname@example.org.
The Effective Date of these Terms is February 9, 2007.