EVERYTHING IN CHEMTOOL SITES, INCLUDING ALL INFORMATION, APPLICATIONS AND PROGRAMS (COLLECTIVELY, “MATERIALS”), IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MATERIALS ON CHEMTOOL SITES MAY CONTAIN UNINTENDED TECHNICAL, FACTUAL OR TYPOGRAPHICAL ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CHEMTOOL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHEMTOOL DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CHEMTOOL SITES OR SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHEMTOOL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN CHEMTOOL SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CHEMTOOL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. NONE OF THE MATERIALS ON CHEMTOOL SITES IS INVESTMENT ADVICE. ACTIONS TAKEN OR NOT TAKEN ARE THE SOLE RESPONSIBILITY OF THE USER. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall Chemtool be liable for any direct, indirect, special or consequential damages that result from the use of, or the inability to use, the Materials in Chemtool Sites or hyperlinked sites, including, without limitation, lost data, lost profits and business interruption even if Chemtool or a Chemtool authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Chemtool’s total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence] or otherwise) exceed the amount paid by you, if any, for accessing any Chemtool Site.
Restrictions on Use
Materials in Chemtool Sites, including but not limited to text and graphics, are the property of Chemtool. Users may read Materials in Chemtool Sites; however, users may not otherwise use Materials (including but not limited to Chemtool’s names, logos, and trademarks) in any other way without the prior written consent of Chemtool. Receipt, directly from Chemtool, of a currently valid user id and password to use certain materials constitutes consent to use the materials for which you are specifically authorized. Unless specifically authorized, such consent does not include the right to use Chemtool’s names, logos, trademarks or other intellectual property.
Unless otherwise specified, Materials in Chemtool Sites are presented solely for the purpose of promoting programs, products and services of Chemtool available in the United States and such other countries where permitted by U.S. and local law. Chemtool Sites are controlled and operated by Chemtool from its offices in the State of Illinois, United States of America. Chemtool makes no representation that Materials in Chemtool Sites are appropriate or available for use in other locations. Those who choose to access Chemtool Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Applications and programs from Chemtool Sites are further subject to United States export controls. No applications or programs from Chemtool Sites may be downloaded or otherwise exported or re-exported (i) into (or to a resident or national of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed or sanctioned goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using applications, you represent and warrant that you are not located in, under the control of, or a resident or national of any such country or on any such list.
Links to other Sites and References to Services Organizations
“References on Chemtool Sites to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply Chemtool’s endorsement, sponsorship or recommendation. Such references are for informational purposes only. Chemtool is not responsible for the availability, content or any use of such referenced sites and/or organizations.
“Chemtool will endeavor to keep in a secure manner information that you submit to Chemtool or you choose to save and/or store on or via Chemtool Sites (Please also see Chemtool’s Privacy Statement). Unless the exchange of confidential information is covered by a separate written secrecy agreement and marked “Confidential” (“Confidential Information”), Chemtool does not want to receive confidential or proprietary information from users through Chemtool Sites. Please note that any information other than Confidential Information sent to Chemtool or saved and/or stored on or via Chemtool Sites by other than Chemtool entities will be deemed NOT to be confidential, and that users grant Chemtool an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information. Such information is sent, saved and/or stored at user’s risk. In addition to the disclaimer paragraph above, please note that Chemtool is not responsible for misappropriation, loss or corruption of any such information by any means.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, USA, without giving effect to any principles of conflicts of law. All disputes arising out of this agreement that cannot be resolved by discussions, shall be submitted to the courts of Illinois unless otherwise agreed by the parties. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein.