The website "www.Materialytics.com" (the "website") is a complimentary information service offered by Materialytics, LLC. ("Materialytics") at no charge to users of the internet, with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement. Materialyticssm reserves the right to change these terms and conditions any time. Access to and use of this website is provided subject to these terms and conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. DISCLAIMER OF WARRANTY
You acknowledge that the services, information or data (collectively, "information") on the website is provided "As Is" for general information only. Materialytics makes no warranties of any kind regarding this website, including, but not limited to, any warranty of accuracy, currency, reliability, completeness, or any warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements. Materialytics makes no warranty, representation or guaranty that the information may be relied on for any reason, that the information will be uninterrupted or error-free or that any defects can be corrected. All warranties, including the implied warranty of merchantability, non-infringement and implied warranty of fitness for a particular purpose are hereby expressly disclaimed. Materialytics shall have absolutely no liability in connection with the information including without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from information or lack of information on the Materialytics website. You agree Materialytics shall have no liability for: (1) any loss or injury caused, in whole or in part, by its actions, omissions or negligence or for contingencies beyond its control, in procuring, compiling or delivering the information; (2) any errors, omissions or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of the information; or (3) any decision made or taken or not taken in reliance upon the information.
You agree that you will hold harmless Materialytics and its owners and employees from all claims arising out of or related to your access or use of, or your inability to access or use, this website or the information contained in this website or other websites to which it is linked, including but not limited to claims that you have found something you have heard, viewed or downloaded from this website or another website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights. In no event will Materialytics or the contributors of information to this website be liable to you or anyone else for any decision made or action taken by you in reliance on such information or for any consequential, special or similar damages, even if Materialytics or the contributors of information are advised of the possibility of such damages.
Limitation of Liability
Under no circumstances shall Materialytics be liable for any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the information or from the use of the internet generally.
Materialytics does not endorse any specific commercial product or company mentioned on the Materialytics Web site or any commercial product or company or individual linked to this Web site.
Linking to Materialytics
You may provide a link using a link button to this website on another website, provided you agree to the Link conditions described below. By establishing a link to a Materialytics website you agree to these link conditions:that the appearance, position and other aspects of the link button may not be such as to misrepresent your relationship with Materialytics, or present false or misleading impressions about Materialytics or its services;that you will update all images and text within seven days after receipt of notice of any changes from Materialytics. Materialytics may modify images and text at any time;that the appearance, position and other aspects of the link button may not create the false appearance that you or any non-Materialytics entity or any non- Materialytics product or service is associated with, or endorsed, or sponsored by Materialytics;that you will not use the link or link button to disparage Materialytics and its services; that the link button must be displayed adjacent to a reference to Materialytics or at the bottom of that same page;that you may not deviate or edit any of the technical code that accompanies the button; that except for a limited, non-exclusive, non-transferable, royalty-free license to use the link button on your website solely for the purpose of providing a hyperlink to Materialytics' website, you acknowledge and agree that (i) Materialytics' name and linking button, including, but not limited to, the "Materialytics" mark, Materialytics' website and its contents are and shall remain the sole property of Materialytics, (ii) nothing in this Agreement shall give you any right of ownership in the Mark, link button or Materialytics' website; (iii) you shall not now or in the future contest the validity of the Mark; and (iv) you shall not take any action that would impair the value or goodwill associated with the Mark, link button or Materialytics' image or reputation; (v) you shall not use the link button in any way that might be misleading; that the link, when activated by a user, must display this website full-screen and not with a "frame" on the linked website or use other techniques which alter the visual presentation or content of Materialytics' website, such as the imposition of browser windows or third party content; that the link button may only be used on your website, and not for any other purpose including, but not limited to promotion, advertising or publicity for your website; that the link consists of a hypertext link or a link using the "To learn more about Materialytics" link button with image and “text supplied by Materialytics;” that you may not alter or change the link button in any way, including color, size, proportions, etc. or animate or change its perspective; that the linking website may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups; that you agree to defend, indemnify and hold Materialytics, its trustees, officers, employees and agents from and against any claims, demands, damages, causes of action, loss or judgments arising from your breach of this Agreement or your hyperlink to Materialytics' website; that Materialytics has the right to terminate this Agreement with or without cause at any time, and may amend this Agreement without notice at any time.
You expressly agree that the use of Materialytics’ materials, marks, link button and web site is at your sole risk. Materialytics does not warrant that its service will be uninterrupted or error free, Materialytics provides this access "as is" without warranty of any kind. Materialytics disclaims all warranties, express or implied. In no event will Materialytics be liable for any direct, indirect, incidental, special or consequential damages including, but not limited to, loss of profit, loss of data, loss of business or other loss arising out of or resulting from this agreement or the use of any of the materials, mark or link button under this agreement or access to any of the services described in this agreement even if Materialytics has been advised of the possibility of such damages. The foregoing shall apply regardless of the negligence of Materialytics and regardless of whether such liability is found in contracts, negligence, tort or any theory of liability.
Materialytics reserves the right to revoke its consent to the link at any time in its sole discretion by amending this Hyperlink Agreement.
You agree that any dispute arising out of or relating to these Terms or any content posted to the Materialytics website including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of New York, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York County, New York as the legal forum for any such dispute.
USE OF MATERIAL ON MATERIALYTICS WEB SITE
The works of authorship contained in this website, including but not limited to all design, text and images, are owned or licensed by Materialytics, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Materialytics' prior written consent, except that the user may make such temporarily copies in a single computer's RAM and hard drive cache as are necessary to browse the website, and the user may make one permanent printout of each page of the website (unmodified in form, with a copy of this User Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation and interests of Materialytics or create a likelihood of confusion as to its trademarks. Materialytics does not waive any of its proprietary rights in the website or information including, but not limited to, copyrights, trademarks and other intellectual property rights.
Materialytics Control of Website
This website (excluding linked sites) is controlled by Materialytics, a limited liability company in the State of Delaware, United States of America. This Agreement shall be interpreted according to the laws of the State of New York, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this website both you and Materialytics agree that the statutes and laws of the State of New York, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this website. You and Materialytics, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of New York County, New York, and the United States District Court for the Southern District of New York with respect to such matters. Materialytics makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws.
For purposes of disclaimer, Materialytics shall include owners, subsidiaries, affiliates, agents, employees and any third party providers or sources of information or data.
COPYRIGHT AND TRADEMARK NOTICES
Copyright © Materialytics 2011-2012 All rights reserved. Materialytics, the Materialytics logo, Quantagenetic and M2S are service marks of Materialytics, LLC.