Disclaimer and Terms of Use
THESE TERMS OF USE constitute an agreement (“Agreement”) made between Nanolumens, Inc. (along with its affiliates, “Nanolumens”) and any person accessing the Nanolumens Web site (“You”) with respect to your use of the NanoLumens’ ’ Web site (the “Site”). You agree to abide by all of the terms contained in this Agreement as a condition of your continuing to access, view or use the Site. Nanolumens and You are collectively referred to as the parties.
BY ACCESSING, VIEWING OR USING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU DO NOT HAVE NANOLUMENS’ PERMISSION TO ACCESS, VIEW, OR USE ANY PART OF THE SITE. ANY SUCH UNAUTHORIZED USE VIOLATES NANOLUMENS’ RIGHTS IN THE SITE AND IS PROHIBITED.
1. Site Description
a. Description. The Site is proprietary to Nanolumens and is protected by intellectual property laws and international intellectual property treaties. Your access to the Site is licensed and not made available unconditionally to You. Subject to the terms and limitations set forth in this Agreement, Nanolumens agrees to provide You with a personal, non-transferable and non-exclusive right to access, view and use the Site.
b. Accessibility. You agree that from time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Nanolumens may undertake from time to time; or (iii) causes beyond the control of Nanolumens, whether or not foreseeable.
c. Equipment. You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site, all hardware, software, electrical and other physical requirements for your use of the Site, including, without limitation, telecommunications and Internet access connections and links, web browsers or other equipment, programs and services required to access and use the Site.
2. Limitations
a. Security. You shall be solely responsible for the security, confidentiality, integrity, and use of all messages and/or the content that You transmit to the Site.
b. Privacy. When reasonably practicable, Nanolumens will attempt to respect your privacy. Nanolumens will not monitor, edit, or disclose any personal information about You, including your use of the Site, without your prior consent unless Nanolumens has a good faith belief that such action is necessary to: (i) comply with legal process or other legal requirements of any governmental authority; (ii) protect and defend the rights or property of Nanolumens ; (iii) enforce this Agreement; (iv) protect the interests of users of the Site other than You or any other person; or (v) operate or conduct maintenance and repair of Nanolumens’ services or equipment, including the Site as authorized by law. You have no expectation of privacy with respect to the Internet generally or this Site in particular.
c. Personally Identifiable Information. Nanolumens may collect personally identifiable information from You in a variety of ways, including, but not limited to, when You visit the Site, register on the Site, fill out a form, respond to a survey, and in connection with other activities, services, features or resources Nanolumens makes available on the Site. You may be asked for name, company name, email address, phone number and other similar information. Nanolumens will collect personally identifiable information from You only if You voluntarily submit such information to Nanolumens. You may decline to provide personally identifiable information, but doing so it may prevent You from engaging in certain activities on the Site. Nanolumens may collect non-personally identifiable information about You whenever You interact with the Site. Such information may include the browser name, the type of computer and technical information about how You connect to the Site, such as the operating system used, the Internet service provider used and other similar information.
d. Web Browser Cookies. The Site may use “cookies” to enhance Your experience. Web browsers place cookies on users’ computer hard drive for record-keeping purposes and to track information about users. You may choose to set Your web browser to refuse cookies, or to alert You when cookies are being set. If You do so, please note that some parts of the Site may not function properly.
e. How Nanolumens Uses Your Information. Nanolumens may collect and use Your personally identifiable information for the following purposes: (i) to run and operate the Site; (ii) to improve customer service; (iii) to respond to Your customer service or other requests; (iv) to run a promotion, contest, survey or other Site feature; (v) to send You information You have agreed to receive about topics Nanolumens believes will be of interest to You; and (vi) to send You periodic or responsive emails.
f. How Nanolumens Protects Your Information. Through a third party vendor, Nanolumens has adopted data collection, storage and processing practices and other security measures to intended to help protect against unauthorized access, alteration, disclosure or destruction of your personally identifiable information.
g. Sharing Your Information and Electronic Newsletters. Nanolumens does not sell, trade or rent Your personally identifiable information to third parties. Nanolumens may share generic aggregated demographic information not linked to any personally identifiable information regarding users of the Site with business partners, affiliates and advertisers. Nanolumens may use third party service providers to help operate its business and the Site or administer business activities on its behalf, such as distributing electronic newsletters or surveys. Nanolumens may share Your personally identifiable information with these third parties for such purposes provided that You have given Nanolumens permission to do so. If You opt-in to a Nanolumens mailing list, You may receive emails that include company news, updates, product information, service information or other similar information.
h. Changes. Nanolumens reserves the right to change, modify, add or delete any portion of this Agreement, in whole or in part, at any time in our sole and absolute discretion. Changes in this Agreement will be posted on this Site. You acknowledge and agree that it is Your responsibility to review this Agreement periodically and become aware of changes, modifications, additions or deletions. Your continued use of this Site after any changes are made, shall be deemed your acceptance of the changes.
3. Copyright
The Site is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. The contents of the Site are only for your personal, informational and noncommercial use. All materials contained on the Site are protected by copyright and are owned or controlled by Nanolumens or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Site.
4. Prohibited Uses
You are solely responsible for any and all of your acts and omissions that occur when using the Site, and You agree not to engage in unacceptable use of the Site, which includes, without limitation, use of the Site to: (a) transmit unsolicited messages, chain letters or unsolicited commercial email; (b) transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) transmit viruses, Trojan horses or any other malicious code or program; (e) engage in systematic retrieval of data or other content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Nanolumens by use of scrapers or other tools; or (f) engage in any other activity deemed by Nanolumens to be in conflict with the spirit or intent of this Agreement.
5. Termination
This Agreement is effective upon your access or use of the Site and shall continue in full force until terminated. Nanolumens reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend Your access to or use of all or any portion of the Site; and (c) terminate this Agreement.
6. Disclaimer
NANOLUMENS DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT THE MATERIALS ARE COMPLETE, ACCURATE OR UP-TO-DATE. NOR IS NANOLUMENS RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT MAY BE ACCESSED THROUGH THIS SITE, AND REFERENCE TO THIRD PARTY INFORMATION, PRODUCTS OR SERVICES AT THIS OR ANY LINKED SITE DOES NOT CONSTITUTE AN EXPRESS OR IMPLIED WARRANTY OR ENDORSEMENT BY NANOLUMENS. WHEN YOU LINK TO ANOTHER SITE FROM THIS SITE, YOU LEAVE THIS SITE AND SERVER CONTROLLED BY NANOLUMENS AND ENTER INTO THE JURISDICTION OF THE LINKED SITE UNDER THE CONTROL OF A THIRD PARTY FOR WHICH NANOLUMENS HAS NEITHER RESPONSIBILITY NOR CONTROL.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL NANOLUMENS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE, ANY LINKED SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR ANY LINKED SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE OR ANY LINKED SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EVEN IF NANOLUMENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THAT ANY EXCLUSIVE REMEDY SHALL FAIL OF ITS ESSENTIAL PURPOSE OR OTHERWISE BE UNAVAILABLE. IN NO EVENT SHALL NANOLUMENS’ TOTAL LIABILITY TO YOU FOR ANY DIRECT DAMAGES WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE EXCEED THE TOTAL AGGREGATE AMOUNT OF U.S.$5.00. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE FOR YOU TO DISCONTINUE USE OF THE SITE.
8. Indemnification
You agree to indemnify, hold harmless and defend Nanolumens, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, asserted by any person, arising out of or relating to: (i) your use of the Site, including any data or work transmitted or received by You; and (ii) any unacceptable use of the Site, including, without limitation, any statement, data or content made, transmitted or republished by You which is prohibited as unacceptable at Section 4.
9. Miscellaneous
a. Waiver. No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
b. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
c. Notice. All notices shall be in writing and shall be deemed to be delivered when sent by e-mail to either parties’ last known e-mail address. You hereby consent to notice by email.
d. Law. This Agreement is made in and shall be governed by the laws of the State of Georgia without reference without reference to its choice of law provisions. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts within County of Fulton, Georgia. The parties irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over each of the parties by the federal and/or state courts within County of Fulton, Georgia. The parties hereby irrevocably waive any and all objections which any party may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts within the County of Fulton, Georgia, and to the laying of venue of any such suit, action or proceeding brought in any such federal or state court within County of Fulton, Georgia.
e. Attorney’s Fees. If any action in law or in equity is necessary to enforce the terms of this Agreement, Nanolumens shall be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
f. Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
g. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
h. Survival. The terms and provisions of Sections 2, 3, 4, 6, 7, 8, and 9 shall survive any termination or expiration of this Agreement.
i. Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties with respect to the Site and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Site.
YOU HAVE READ, UNDERSTAND AND AGREE TO THE FOREGOING TERMS AND CONDITIONS OF USE SET FORTH IN THE ABOVE AGREEMENT.
If you have any questions about this Agreement, the practices of the Site, or Your dealings with the Site, please contact NanoLumens.
This document was last updated on August 27, 2015.