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Terms of Service
1. Services and Conditions of Use
Welcome to ChemicalMarketPlace.com (CMP) Online Service for Chemical Industry!
As part of our service, CMP agrees to provide you with interactive features, access to
member information and other services that CMP may decide to offer, subject to the terms
of this Agreement. Upon notice published through the Service, CMP may modify this
Agreement at any time. You agree and continue to agree to use CMP Services in a manner
consistent with all applicable laws and regulations and in accordance with the terms and
conditions set out in the policies and guidelines outlined below. Please note that you will
be referred to as "Customer" from time to time in this Agreement.
2. Rules For Online Conduct in Interactive Features.
By using the Service, you agree that you will not post any of the following material in
Service chatrooms, discussion groups or other interactive features any of the following:
Material which defames, abuses or threatens others.
Statements that are bigoted, hateful or racially offensive.
Material that advocates illegal activity or discusses illegal
activities with the intent to commit them.
Unauthorized copyrighted material.
Material that contains vulgar, obscene or indecent language
or images.
Advertising or any form of commercial solicitation.
Material that does not pertain to the room, discussion group or features given topic.
Statements or postings which violate the above terms will be deleted
from postings upon discovery. Depending on the nature of
the violation, ChemicalMarketPlace.com at its sole discretion may terminate Customer's
account.
3. Price And Payment
Customer agrees to pay all charges to Customer's account, including
applicable taxes, in accordance with billing terms in effect at
the time the fee or charge becomes payable. ChemicalMarketPlace.com reserves
the right to change the amount of, or basis for determining, any
fees or charges for the Service, and to institute new fees or
charges effective upon prior notice to Customers. Customer must
provide CMP with valid credit card information.
Please Note: CMP will automatically renew and charge Customer's account as follows:
Upon every one (1) year anniversary for Annual fees or Subscriptions.
The renewal charge shall be equal to the original customer signup price, unless otherwise
notified in advance by CMP. Customer will have thirty (30) days after the date that any
renewal fee is posted to Customer's charge account to notify CMP that he or she wishes to cancel
his or her fees or subscriptions. CMP will cancel Customer's account upon receipt of
such notification and post a credit to Customer's charge account equal to the latest renewal fee
charged.
Customers right to use the Service is subject to any limits established
by CMP or by Customer's credit card issuer. If payment cannot
be charged to Customer's credit card or Customer's charge is returned
to ChemicalMarketPlace.com for any reason, including chargeback, CMP reserves
the right to either suspend or terminate Customer's access and
account, thereby terminating this Agreement and all obligations
of CMP hereunder.
Customer understands that pre-paid membership fees and initial directory subscription fees
are not refundable. Renewal fees and subscriptions are subject to membership approval as outlined
above. If Customer has a balance due on any CMP account, Customer agrees that
CMP can charge these unpaid fees to their credit card.
ChemicalMarketPlace.com reserves the right to establish a credit limit (the
"Ceiling")
for each Customer. If a Customer's account reaches the ceiling
at any time, Customer agrees that CMP may immediately bill
their credit card for all unpaid charges on account. Until further
notice, the ceiling for each Customer shall be $100.
If Customer has reason to believe that Customer's account is no
longer secure (for example, in the event of a loss, theft or unauthorized
disclosure or use of Customer's ID, password, or any credit, debit
or charge card number stored on the Service), Customer must promptly
change Customer's password and notify CMP of the problem
(by notice given as described in Section 9 below) to avoid possible liability for any
unauthorized charges to Customer's account.
4. Non-Transferability of Membership
ChemicalMarketPlace.com grants to Customer a personal, non-exclusive, non-assignable
and non-transferable license to use the CMP on any machine(s) of which Customer is
the primary User. Customer acknowledges that Customer may not sublicense, transfer, sell
or assign this membership license. Any attempt to sublicense,
transfer, sell or assign the membership license is void.
5. Customer Posting of Materials
ChemicalMarketPlace.com grants Customer permisssion to post files for online distribution on
Profiles, or other services as deemed available by CMP, on the Service. The posting of
any other type of file and the posting of unauthorized links to any other type
of file is strictly forbidden. The following types of files are
examples of strictly forbidden postings:
Unauthorized copies of copyrighted photographs, drawings, graphics,
text or other writings, computer programs or other software, recordings
or designs; files containing advertisements or solicitations aimed
at persuading other members to use certain goods or services;.
material of a sexually explicit nature, including photographs
and text.
Copyrighted material, including without limitation text, photographs,
sound, video and music, may not be placed on the Service without
the express permission of the author or owner of the copyright
on the material.
Customer acknowledges that only the owner or
someone authorized by the owner to post the material may do so.
The downloading of copyrighted material is allowed by Customers
only for Customers' own use. Customers may not copy, reproduce,
retransmit, distribute, publish, commercially exploit or otherwise
transfer any copyrighted material. The burden of determining that
any information, software or any other content on the Service
is not protected by copyright rests with the Customer. Customer
acknowledges that CMP and/or third-party content providers
remain the owners of the posted materials, and that Customer does
not acquire any of those ownership rights by downloading copyrighted
materials.
7. Limitation Of Liability And Warranty
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S
OWN RISK. CHEMICALMARKETPLACE.COM SERVICES ARE PROVIDED "AS IS,"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE
SERVICE, INCLUDING WITHOUT LIMITATION CHEMICALMARKETPLACE.COM MEMBERSHIP LICENSED
TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE.
SPECIFICALLY, CMP DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING
WITHOUT LIMITATION:
1) ANY WARRANTIES CONCERNING THE AVAILABILITY,
ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND
2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY
CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT CMP
IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY
FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER CMP NOR ANY OF ITS OWNERS, AGENTS, AFFILIATES OR CONTENT
PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE
OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY
BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
8. Trademarks
ChemicalMarketPlace.com and CMP are trademarks
of New Media Solutions, Inc. All other trademarks appearing on the Service are
trademarks of their respective owners.
9. Notice
ChemicalMarketPlace.com may give notice to Customers by means of a general notice
on the Service, electronic mail to Customer's e-mail address on
record in CMP's membership account information, or by written communication
sent by first class mail to a Customer's address on record in
CMP's account information. You may give notice to CMP (such notice shall
be deemed given when received by ChemicalMarketPlace.com at any time by any of the following:
Electronic mail to bizdev@ChemicalMarketPlace.com
10. Indemnification
Customer agrees to indemnify and hold ChemicalMarketPlace.com harmless from any
dispute which may arise from a breach of terms of this Agreement.
Customer agrees to hold CMP harmless from any claims and
expenses, including reasonable attorney's fees and court costs,
related to Customer's violation of this Agreement, including the
Rules of Conduct or any information, software or other content
placed on the Service by Customer.
11. Termination Of Service
User may terminate this Agreement at the conclusion of the initial year term for
subcription or member fees and may choose to not use the service at anytime.
ChemicalMarketPlace.com may terminate your account or access rights to this Service at any time, without notice,
for conduct that CMP believes violates this Agreement or other policies or
guidelines that CMP has posted on a CMP feaure service. CMP
may terminate your account or access rights to this Service for online conduct that CMP
believes is harmful to other Customers, to CMP's business, or to other information
providers.
12. Choice Of Law
This Agreement shall be construed and controlled by the laws of
the State of Virginia. Further, any dispute arising from the
terms of this agreement or a breach of this Agreement will be
governed by the laws of the State of Virginia. Customer agrees
to personal jurisdiction by the state and federal courts sitting
in the State of Virginia.
13. Merger Clause
This Agreement constitutes the entire agreement between the parties
with respect to the subject matter contained herein and supersedes
all previous and contemporaneous agreements, proposals and communications,
written or oral between ChemicalMarketPlace.com representatives and Customer.
ChemicalMarketPlace.com may amend or modify this Agreement or impose new conditions
at any time upon notice from CMP to Customer as published
through the Service. Any use of the Service by Customer after
such notice shall be deemed to constitute acceptance by Customer
of such amendments, modifications or new conditions.
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