Terms
of Use
Welcome
to our site. We maintain this web site as a service to
our customers. By using our site, you are agreeing to
comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do
not agree to these terms, you should not review information
or obtain goods or products from this site.
1.
Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms of Use Agreement ("Agreement")
with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between
us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Site, the content, products or services
provided by or through the Site, and the subject matter
of this Agreement. This Agreement may be amended at any
time by us from time to time without specific notice to
you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the
Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion
and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you
of any such matters or any part of the Site, except as
allowed by Section 4, is strictly prohibited. You do not
acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver
of any right in such information and materials.
3. Trademarks. Bruchem.com and others are either trademarks
or registered trademarks of Bruchem,Inc. Other product
and company names mentioned on the Site may be trademarks
of their respective owners.
4. Limited Right to Use. The viewing, printing or downloading
of any content, graphic, form or document from the Site
grants you only a limited, nonexclusive license for use
solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation
of derivative works or other use. No part of any content,
form or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or
redistribution).
5. Editing, Deleting and Modification. We reserve the
right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and
hold us and our partners, attorneys, staff and affiliates
(collectively, "Affiliated Parties") harmless
from any liability, loss, claim and expense, including
reasonable attorney's fees, related to your violation
of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain
information or documents is not transferable.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE,"
AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS
OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages
caused by viruses contained within the electronic file
containing the form or document is disclaimed. WE WILL
NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY
TO USE OUR SITE. Our maximum liability to you under all
circumstances will be equal to the purchase price you
pay for any goods, services or information.
10. Use of Information. We reserve the right, and you
authorize us, to the use and assignment of all information
regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from
which you may purchase certain goods or services. You
understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible
for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions
entered into between you and Merchants. You agree that
use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE
INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY
OR NON- INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE
FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN
YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON
MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures
of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to
Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations
or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy, as it may change
from time to time, is a part of this Agreement.
14. Payments. You represent and warrant that if you are
purchasing something from us or from our Merchants that
(i) any credit card information you supply is true, correct
and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the
charges incurred by you at the posted prices, including
any applicable taxes.
15. Securities Laws. This Site may include statements
concerning our operations, prospects, strategies, financial
condition, future economic performance and demand for
our products or services, as well as our intentions, plans
and objectives, that are forward-looking statements. These
statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties,
many of which are beyond our control. When used on our
Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks,"
"plans," "intends" and similar expressions
are intended to identify forward-looking statements designed
to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein
does not constitute an offer or a solicitation of an offer
for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings
or documents.
16. Links to Other Web Sites. The Site contains links
to other Web sites. We are not responsible for the content,
accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for
accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at
your own risk.
17. Copyrights and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If
you believe that your work has been copied in a way that
constitutes copyright infringement, please provide our
Copyright Agent the following information:
* An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
* A description of the copyrighted work that you claim
has been infringed;
* A description of where the material that you claim is
infringing is located on the Site;
* Your address, telephone number, and email address;
* A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright
owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright owner or authorized to act on the
copyright owner's behalf.
18. Information and Press Releases. The Site contains
information and press releases about us. While this information
was believed to be accurate as of the date prepared, we
disclaim any duty or obligation to update this information
or any press releases. Information about companies other
than ours contained in the press release or otherwise,
should not be relied upon as being provided or endorsed
by us.
19. Miscellaneous. This Agreement shall be treated as
though it were executed and performed in Bergen County,
New Jersey, and shall be governed by and construed in
accordance with the laws of the State of New Jersey (without
regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted
within one (1) year after the cause of action arose or
be forever waived and barred. All actions shall be subject
to the limitations set forth in Section 8 and Section
10. The language in this Agreement shall be interpreted
as to its fair meaning and not strictly for or against
either party. All legal proceedings arising out of or
in connection with this Agreement shall be brought solely
in Mahwah, New Jersey. You expressly submit to the exclusive
jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining
portions shall remain in full force and effect. This Agreement
constitutes the entire and only agreement between us and
you and supercedes any and all prior or contemporaneous
agreements, representations, warranties and understandings
with respect to the Site, the content, goods and services
provided by or through the Site, and the subject matter
of this Agreement. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be
deemed a waiver of such provision nor of the right to
enforce such provision.
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