Terms of Use
Last Updated April 12, 2004
Welcome to XRD.US ("XRD.US", "we" or "us") Terms of Use
for our web site located at www.xrd.us
(the "Site"). These Terms of Use describe the terms and conditions
applicable to your use of our Site. By using this Site, you agree to be
bound by the terms and conditions set forth in these Terms of Use. If you
do not agree to these Terms of Use, you may not use this Site.
We may modify these Terms of Use at any time by posting
the modified version on our Site and revising the "last updated" notice at
the top of this web page. Modifications to these Terms of Use will
automatically be effective two (2) days after they are initially posted on
our Site. Please check these Terms of Use periodically for changes. Your
continued use of this Site following the posting of any such changes
constitutes acceptance of those changes.
Scope of Use
This Site is directed towards adults in the scientific community. We
encourage you to download small portions of the material descriptions,
FAQs, other data, text and graphics on this Site ("Content") for your
informational, non-commercial use only, provided you also retain all
copyright, trademark and other proprietary notices contained on such
Content. Please note that exercising the foregoing rights in order to
evaluate whether to purchase materials from XRD.US, deposit materials with
XRD.US or otherwise enter into a business relationship with XRD.US shall
not constitute commercial use. You may not modify, display, distribute or
perform the Site or any portion thereof without XRD.US's written
permission.
No Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE APPLICABLE MATERIAL TRANSFER
AGREEMENT, IF ANY, THIS SITE AND ALL CONTENT, MATERIALS, OTHER PRODUCTS
AND SERVICES AVAILABLE ON OR THROUGH THE SITE (COLLECTIVELY, "MATERIALS")
ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF
ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, TYPICALITY, SAFETY AND ACCURACY. THE INFORMATION
PROVIDED ON THE XRD.US SITE IS NOT TAILORED TO YOUR SPECIFIC FACTUAL
CIRCUMSTANCES. WHILE XRD.US USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THE SITE, XRD.US MAKES NO WARRANTY AS TO THE
ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY MATERIALS
AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING THAT THE
GENERAL INFORMATION PROVIDED IS APPROPRIATE FOR YOUR SPECIFIC FACTUAL
SITUATION BEFORE RELYING ON IT. XRD.US IS NOT RESPONSIBLE FOR ANY ERRORS
OR OMISSIONS IN OR FOR THE RESULTS OBTAINED FROM THE USE OF THIS
INFORMATION. USE OF THE WEB SITE AND THE MATERIALS AVAILABLE ON THE SITE
IS AT YOUR SOLE RISK. XRD.US MAKES NO REPRESENTATIONS OR WARRANTIES THAT
USE OF THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY
SECURE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE
THAT ANY MATERIAL YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES AND
OTHER POTENTIALLY HARMFUL DEVICES.
Limitation of Liability
XRD.US SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED
WITH ACCESS TO OR USE OF THE SITE, EVEN IF XRD.US HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY
PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE SITE, OR THAT ARISES
IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF,
INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS
CONNECTIONS TO THE SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY
NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION
OF, OR UNAUTHORIZED ACCESS TO, THE SITE, OR RELATED INFORMATION OR
PROGRAMS.
Purchase of Materials from
XRD.US
To purchase materials via this Web Site, you must agree to XRD.US's
Material Transfer Agreement prior to submitting your order. The Material
Transfer Agreement is available. In addition, in
order to purchase certain third party materials that have been provided to
XRD.US for resale you also will be asked to agree to separate third party
terms prior to submitting your order. These third party terms are
available.
Information Provided
The information available on the Site, including without limitation FAQs,
newsletters, technical bulletins, product information, regulatory and
permit information, citations from scientific literature, patents, and
similar scientific material, is provided as a courtesy to XRD.US customers
and is intended for general, informational purposes only. Content on the
site is subject to change without notice. Contact the appropriate
regulatory agency for current requirements. Anyone purchasing materials
from or depositing materials with XRD.US is ultimately responsible for
obtaining all necessary permits and for complying with all applicable laws
and regulatory requirements.
The information provided on this Site is not intended for
distribution to, or use by, any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject XRD.US to any registration requirement
within such jurisdiction or country.
Proprietary Rights
XRD.US® and the XRD.US logo are registered or reserved
trademarks of the XRD.US.
Unauthorized use of any XRD.US trademark, service mark or logo may be a
violation of federal and state trademark laws.
Links
This Site may contain links to web sites operated by other parties. The
linked sites are not under the control of XRD.US, and XRD.US is not
responsible for the privacy practices or the content of other Internet
sites, and unless otherwise specified, does not imply any relationship,
sponsorship, or affiliate with such organization. XRD.US provides links to
other Internet sites as a convenience to users, and access to any other
Internet sites linked to this Web Site is at your own risk.
Unless otherwise set forth in a written agreement between
you and XRD.US, you must adhere to XRD.US's linking policy as follows: (i)
any link to the Site must be a text only link clearly marked "XRD.US
Site," (ii) the appearance, position and other aspects of the link may not
be such as to damage or dilute the goodwill associated with XRD.US's name
and trademarks, (iii) the link must "point" to the URL
www.xrd.us and not to other pages within
the Site, (iv) the appearance, position and other attributes of the link
may not create the false appearance that your organization or entity is
sponsored by, affiliated with, or associated with XRD.US, (v) when
selected by a user, the link must display the Site on full-screen and not
within a "frame" on the linking Site, and (vi) XRD.US reserves the right
to revoke its consent to the link at any time and in its sole discretion.
E-mail
E-mail submissions over the Internet may not be secure. Please consider
this fact before e-mailing any personal or confidential information.
Employment Opportunities
XRD.US complies with the requirements of all applicable laws concerning
equal employment opportunity. In the recruitment of employment there will
be no unlawful discrimination on the basis of race, color, religion, sex
(unless sex is a bonafide occupational requirement), age, national origin,
disability, or any other basis prohibited by applicable law. XRD.US
encourages all qualified applicants to apply.
Governing Law, Location, Entire
Agreement
The laws of the State of New York shall govern these Terms of Use, without
reference to its choice of law rules. The Site is operated by XRD.US from
its offices in Mahopac, New York. XRD.US makes no representation that the
information in the Site is appropriate or available for use in other
locations, and access to the Site from territories where the content of
the Site may be illegal is prohibited. Those who choose to access the Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws. These Terms of Use constitute the
entire agreement between XRD.US and Purchaser with respect to the Site.
Arbitration
Any controversy or claim arising out of or relating to these Terms of Use
of this Site shall be settled by binding arbitration in accordance with
the commercial arbitration rules of the American Arbitration Association.
Any such controversy or claim shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim or
controversy of any other party. The arbitration shall be conducted in
Putnam county, New York, if available, or, Westchester County, New York,
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Notwithstanding anything to the contrary in the
foregoing, XRD.US may obtain from a court any interim or provisional
relief that may be necessary to protect XRD.US's rights or property.
Violations
XRD.US reserves the right to seek all remedies available at law and in
equity for violations of the rules and regulations set forth in this Site,
including the right to block access from a particular Internet address to
the Site.
If you have any questions about our Terms of Use, please
contact the XRD.US Webmaster.
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