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SmartSilver » Terms Of Use for smartsilver.com

Terms Of Use for smartsilver.com

By accessing this web site, you the user ("you") are bound by the terms and conditions set forth below for your use of www.smartsilver (Smartsilver).

Smartsilver and the functions, facilities, and services related thereto is a proprietary World Wide Web service operated and maintained by NanoHorizons Inc. This Agreement contains the terms and conditions on which NanoHorizons is willing to permit your use of Smartsilver, and you must accept these terms and conditions to use Smartsilver. Your use of Smartsilver signifies your agreement to the terms and conditions of this User Agreement. If you do not agree with these terms and conditions, you should exit the site now and not use the Smartsilver web site in the future.

If you have any questions about this User Agreement, please contact us at info@nanohorizons.com.

1. WHO MAY BE A USER
This web site may be used by you in an individual capacity or as a representative of a business entity. This web site is intended for use only by individuals of the age of majority who can form legally binding contracts under applicable law, and your use of this web site is your representation that you satisfy this requirement.

2. PROHIBITED USES
a. You agree that you will not use Smartsilver: (i) in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation; (ii) to invade the privacy of others; (iii) to violate, plagiarize, or infringe on the intellectual property or contractual rights of any person in connection with any use of Smartsilver; (iv) to transmit unlawful, fraudulent, offensive, obscene, pornographic, defamatory, abusive, threatening, discriminatory or otherwise objectionable material, or to encourage conduct that would give rise to civil liability of any manner.
b. You agree that you will not: (i) violate, or assist in violating, the security of Smartsilver, whether intentionally, negligently, or otherwise; (ii) impersonate NanoHorizons Inc. or Smartsilver personnel or other persons or entities; (iii) use any electronic mail message, device, software or programming routine that may impair, interfere, or impose an unreasonable burden on Smartsilver or NanoHorizons Inc.; (iv) intercept or expropriate any system, data, or information of this web site; or (v) resell, assign or transfer, in whole or in part, your right to use Smartsilver.

3. PROPRIETARY MATERIALS
Smartsilver contains trademarks, copyrights, and other proprietary information and materials. This web site and all such materials are owned or licensed by NanoHorizon Inc. Everything on this site is copyrighted. You agree not to publish, modify, create derivative works from, sell, or otherwise transmit or exploit any of such proprietary materials without the express written permission of the owner of the rights to such materials. You agree not to remove any copyright, trademark, or other proprietary notice or legend contained on this web site or on any materials obtained through this web site.

4. USER COMMUNICATIONS
The Smartsilver Privacy Policy (set forth in a separate document on this site) protects some information that you may send to NanoHorizons Inc. You should review our current Privacy Policy which is incorporated in this Agreement by reference. We reserve the right to disclose non-personally identifiable information regarding you to third parties, and any information required to be disclosed by law to government authorities. Any other material, information, or other communication you voluntarily transmit, post, or otherwise submit electronically to or through Smartsilver (“Submissions”) will be deemed non-confidential. By sending your Submissions to NanoHorizons Inc., you grant NanoHorizons Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit, and distribute the Submissions, and you grant NanoHorizons Inc. the right to use any ideas, concepts, know-how, or techniques contained in or suggested by the Submissions for any purpose, including, but not limited to, the development, manufacturing, and marketing of products and processes.

5. NO WARRANTIES
WE AND OUR SUPPLIERS PROVIDE SMARTSILVERONLINE ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO: (A) ANY WARRANTY AS TO RELIABILITY, UNINTERRUPTABILITY OR SECURITY, THE ACCURACY, COMPLETENESS, OR CURRENCY OF INFORMATION, MATERIALS, GOODS OR SERVICES PROVIDED OR PURCHASED BY OR THROUGH SMARTSILVER; AND (B) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO ALL OR PART OF THE ABOVE MAY NOT APPLY TO YOU.

6. EXPORT CONTROL LAWS
Export of any information from this web site is subject to all United States Export Control laws. No content from this web site may be downloaded or otherwise exported in violation of these export control laws or any other applicable laws.

7. AMENDMENT TO USER AGREEMENT
NanoHorizons Inc. has the right to amend this User Agreement at any time by posting the amended User Agreement on this web site. The amended User Agreement will be effective on the date specified in the posting. Your use of Smartsilver following the effectiveness of any notice of amendment will indicate your acceptance of the amended User Agreement. This User Agreement was last amended effective as of May 1, 2010.

8. GOVERNING LAW AND JURISDICTION
This User Agreement and all other aspects of your use of Smartsilver shall be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws principles. The parties submit to the jurisdiction of and agree that all claims and disputes arising out of this User Agreement or your use of Smartsilver shall be submitted to and resolved by binding arbitration in the Commonwealth of Pennsylvania pursuant to the rules of the American Arbitration Association, and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or NanoHorizons Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in the Commonwealth of Pennsylvania, necessary to protect the rights or property of you or NanoHorizons Inc. pending the completion of arbitration.

9. ENTIRE AGREEMENT
This User Agreement and all materials incorporated by reference constitute the entire understanding between you and us with respect to your rights and obligations as a User of Smartsilver. If any provision of this User Agreement is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall be enforced. The failure by NanoHorizons Inc. to enforce any provision of this User Agreement at any time is not a waiver of any provision or right.

10. LINKS TO THIRD-PARTY SITES
LINKED SITES ARE NOT UNDER THE CONTROL OF SMARTSILVER OR NANOHORIZONS INC., AND SMARTSILVER AND NANOHORIZONS INC. ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE. SMARTSILVER PROVIDES LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SMARTSILVER OR NANOHORIZONS INC. OF THE SITE.

REVISED May 1, 2010

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