Ceresist - Terms of Use

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Terms of Use

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PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THE CERESIST, INC. SITE CAREFULLY. BY USING THE SITE, YOU ARE AGREEING TO ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

OWNERSHIP AND USE OF MATERIALS ON THE SITE
This Site is owned and operated by Ceresist, Inc. (referred to as "Ceresist," "we," "us," or "our" herein). Ceresist owns the Copyright in all materials provided here. No material from Ceresist.com or any website owned, operated, licensed or controlled by Ceresist ("Sites") may be copied, reproduced, republished, modified, 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 use only provided you keep intact all copyright and other proprietary notices.

Any unauthorized use of any of the materials on this Site may violate copyright, trademark and other similar laws. Your use of the materials is conditioned on your maintaining all copyright, trademark and other proprietary rights notices appearing on the materials. For purposes of this Agreement, the use of any such modification of the materials on any other Website or networked computer environments is prohibited unless permission is obtained in writing from Ceresist. If you breach any of these terms and conditions of use, your authorization to use this Site will automatically terminate and you must immediately destroy or delete any downloaded or printed material.

COMMUNICATIONS FROM YOU TO THE SITE
Ceresist appreciates hearing from its customers and welcomes your comments regarding Ceresist products. However, all communications from you to the site will be considered non-proprietary and non-confidential. Ceresist shall have no obligations of any kind to you respecting your communications and will be free to use them on an unrestricted basis for any purposes. You are solely responsible for these communications and their legality under all laws and regulations.

SUBMISSIONS
Ceresist’s company policy does not allow it to accept or consider confidential creative ideas, suggestions, inventions or materials other than those it has specifically requested in writing. If, despite our request that you not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts, inventions or other information (collectively, the "Information"), the Information shall be deemed, and shall remain the property of Ceresist. None of the Information shall be subject to any obligation of confidence on the part of Ceresist and Ceresist shall not be liable for any use or disclosure of any Information.

MONITORING
Ceresist will have the right, but not the obligation, to review communications with the Site to determine that they comply with this Agreement and applicable laws or regulations. Ceresist shall have no responsibility or liability for the content of any information posted to the Site, nor for any errors or violations of any laws. Ceresist will comply with court orders in any jurisdiction directing Ceresist to disclose the identity of anyone posting communications to the Site.

LINKS WITH OTHER SITES
Ceresist is not responsible for the content of any other site linked to or from this Site. If you link to another site, you leave this Site. If you decide to link to another site, you do so entirely at your own risk. Ceresist may provide links from this Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as an endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLED AS TO ANY SUCH LINKED SITE INCLUDING BUT NOT LIMITED TO ANY TERMS AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE ARE HEREBY EXCLUDED.

TRADEMARKS
Ceresist owns all right to use of the trademarks and service marks ("Trademarks") which appear on this Site, unless otherwise noted. Nothing in this Site should be construed as granting – by implication or otherwise – any license or right to use any trademarks displayed on the Site without the express written permission of Ceresist or the trademark owner, the name "Ceresist" or the Ceresist logos may not be used in any way without Ceresist’s prior written consent.

You may not use the Ceresist logos as a "hot" link to any other site unless the establishment of such a link is approved by Ceresist in advance and in writing.

EXPORT CONTROL
You acknowledge that U.S. export control laws and regulations apply to this Site, including the Export Administration Regulations of the U.S. Department of Commerce that prohibit the export or re-export of products and technology to certain countries and persons. You agree to comply strictly with all U.S. export laws and regulations and assume sole responsibility for obtaining any required licenses to export or re-export products or technology.

DISCLAIMER
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" AND ANY WARRANTY, CONDITION OR OTHER TERM OF ANY KIND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY IS HEREBY EXCLUDED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Ceresist does not warrant the accuracy and completeness of the materials on this Site. Ceresist takes no responsibility for viruses or other destructive or intrusive computer programs that may damage your computer system or data resulting from your access to or use of this Site. Ceresist may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Ceresist makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your geographic location.

LIMITATION OF LIABILITIES
IN NO EVENT WILL CERESIST OR ITS SUPPLIERS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT CERESIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR COMMUNICATION SFROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION
Upon Ceresist’s request, you agree to defend, indemnify and hold harmless Ceresist and its affiliates, representatives, officers, directors and employees from all liabilities, claims, costs and expenses, including attorneys’ fees, that arise out of or in connection with your accessing or use of the Site or your uploading, downloading or transmission of all communications or material on the Site.

CHANGES TO THIS SITE
Please note that this Site and these Terms and Conditions of Use may be revised at any time. Upon each revision to these Terms and Conditions of Use, you may request to us in writing to be notified of revised terms and conditions for your review. Click the button at the end of such revised terms to indicate you have read and understand the revised Terms and Conditions of Use of the Ceresist Website and agree to be bound thereby.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from any and all Ceresist’s Site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Ceresist if in Ceresist’s sole discretion and judgment you fail to comply with any term or provision of this Agreement. Upon termination, you shall destroy any materials obtained from this Site and any and all other Ceresist Site(s) and all copies thereof, whether made under the terms of this Agreement or otherwise.

APPLICABLE LAWS
This Site is operated and controlled from Ceresist’s offices in New Jersey, United States of America. It can be accessed from any of the 50 states in the United States and from other countries of the world. By accessing this Site you agree that the laws of New Jersey (without regard to its conflicts of law provisions) will apply to all matters arising out of or in connection with the Site and your connection to and use of the Site. Both parties submit to exclusive jurisdiction in New Jersey and further agree that any cause of action arising out of or in connection with this Agreement shall be brought only in the federal or state courts in Bergen County, New Jersey.

Ceresist makes no representation or warranty that any communications or materials on the Site are lawful in other jurisdictions or available for use in all jurisdictions, and accessing them from territories where their contents are illegal is prohibited. You agree that if you access our Site from another jurisdiction that you are responsible for compliance with local laws. If any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, that provision will be deemed to be restated to reflect as nearly as possible, the original intentions of the parties in accordance with applicable law, and the remainder of the Terms and Conditions of Use will remain in full force and effect.