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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