“Terms”) carefully, as they explain the terms and conditions
that you accept when you visit or use this web site (the
“Site”). Nanotex, Inc. and its affiliates (“Nanotex”) provide
you access to the Site subject to your agreement and compliance
with the Terms. By visiting or using the Site, you agree
to be bound by the Terms. If you do not agree with the Terms,
please do not visit or use the Site. Nanotex may update
or revise the Terms at any time and for any reason. If the
Terms are updated or revised, the new Terms will be posted
on the Site along with the date the Terms were last updated
or revised. Your use of the Site after new Terms are posted
will constitute your binding acceptance of the new Terms.
Ownership of Site and Content
The Site and all of the information, text, data, graphics,
images, logos, audio, video and any other items included
in or accessible from the Site (collectively, the “Content”)
is owned by Nanotex or other content providers and protected
by United States and international copyright, trademark,
and other intellectual property laws. Nanotex reserves all
available legal rights in the Content.
Restrictions on Use
You have the non-exclusive right to use the Content only
for your own personal and noncommercial use. You may not
copy, download, transmit, publish, imitate, modify or create
any derivative works from the Content without the prior written
permission of Nanotex, which consent may be withheld for
any reason. Any unauthorized use of the Content is strictly
You agree that your use of the Site is solely at your own
risk and that Nanotex will not be responsible or liable
for any damages suffered by you or a third party in connection
with your use of the Site. You agree to use the Site only
for lawful purposes and to comply with all applicable national,
state or local laws, statutes, regulations and ordinances.
You may not use any device, software or other method to interfere
with or attempt to interfere with the proper working of the
Site or otherwise prevent another user from using and enjoying
the Site. Nanotex may terminate your use of the Site without
notice if Nanotex believes, in its sole discretion, that
you have violated any of the Terms.
Third Party Sites
The Site may contain links to web sites owned or operated
by independent third parties (each a “Third Party Site” and,
collectively, the “Third Party Sites”). The fact that the
Site may contain links to the Third Party Sites does not
mean that Nanotex endorses the products, services, or content
offered at any Third Party Site or agree with any of the
representations or other statements made on any Third Party
Site. Nanotex does not control the Third Party Sites, and
therefore Nanotex does not accept any responsibility or
liability for the quality, content, nature or reliability
of the Third Party Sites. When you visit a Third Party Site,
policy before using other portions of the Third Party Site.
THE SITE AND THE CONTENT ARE PROVIDED ONLY ON AN “AS IS”
AND “AS AVAILABLE” BASIS. Nanotex MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THE SITE OR
THE CONTENT. FURTHERMORE, Nanotex DOES NOT MAKE ANY REPRESENTATION,
WARRANTY, PROMISE, OR GUARANTEE, EXPRESS OR IMPLIED, REGARDING
THE ACCURACY, COMPLETENESS, CORRECTNESS, OR RELIABILITY OF
THE SITE AND THE CONTENT. Nanotex DOES NOT GUARANTEE THAT
THE SITE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE. Nanotex DOES NOT GUARANTEE
THE SITE OR THE CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
Nanotex DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS
DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND
Nanotex DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES
REFERENCED IN THE SITE, THE CONTENT, OR THE THIRD PARTY SITES.
THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES
OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND
ANY CONTENT YOU ACCESS OR DOWNLOAD IS AT YOUR OWN RISK.
YOU AGREE THAT Nanotex IS NOT RESPONSIBLE OR IN ANY WAY
LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA,
OR OTHER DAMAGE THAT OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.
Limitation of Liability
To the fullest extent allowed by applicable law, in no event
shall Nanotex be liable to you or any other person for any
direct, indirect, incidental, special, consequential or punitive
damages or any other type of damages arising out of or connected
with the use or Content of the Site OR ANY THIRD PARTY SITE,
whether based on breach of contract, negligence, strict tort
liability, product liability, or otherwise.
You agree to indemnify and hold Nanotex harmless from any
claim, loss, or damages (including attorneys’ fees) made
or incurred by any third party and arising out of your violation
of the Terms.
In addition to the Terms on this page, please review the
you visit and use the Site.
If any portion of the Terms is deemed invalid, void, or
unenforceable by a court law, that portion will be eliminated
and the remaining portions of the Terms will remain valid
and continue in full force and effect.
The failure of Nanotex to enforce or exercise any provision
of the Terms shall not be considered a waiver of any right
or provision in the Terms.
The Terms shall be governed by and interpreted in accordance
with the laws of the State of California, without regard
to its conflicts of law rules. Regardless of where you access
the Site, you agree that any litigation arising out of or
related to the Site shall be exclusively in the state or
federal courts located in Alameda County, California.
The Terms constitute the entire agreement between you and
Nanotex regarding your use of the Site.