The ChemScope Corporation TOS Check

Terms of Service

1. ACCEPTANCE OF TERMS

"ChemScope, Incorporated", is hereafater referred to as "ChemScope" in this "Terms of Service("TOS").

"The Customer, its employees, its customers, its visitors, its business partners, and its directors" are hereafter referred to as "The Customer" in this "Terms of Service" ("TOS").

ChemScope provides its services to The Customer, subject to the following TOS. In addition, when using particular ChemScope services, The Customer shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

ChemScope currently provides The Customer with access to a rich collection of resources, including but not limited to ChemScope's computer hardware, web server, email server, database server, and The ChemScope Store. ChemScope may also provide The Customer, upon purchase of the appropriate license from ChemScope, access to additional licensed software products including but not limited to ChemScope's Sales, Products, Issue Tracking, Document Tracking, Website Config, Agreements Tracking, Deviation Tracking, PM&Cal Tracking, Knowledge Management, and various custom data tracking and workflow automation software tools.

The Customer understands and agrees that ChemScope owns everything on the ChemScope server, including the server itself and all software and data residing on the server. The only exception to this is software that has been developed specifically for The Customer that is hosted by ChemScope AND resides on a domain name OTHER THAN chemscope.com. Such software will be covered by a separate web hosting agreement and is outside the scope of this TOS.

From time to time ChemScope may receive suggestions from The Customer or other business clients for improvement of ChemScope software in the chemscope.com domain, and The Customer understands and agrees that if ChemScope implements such changes or adds new software then such software in the chemscope.com domain remains the sole property of ChemScope.

Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new ChemScope software that provides additional capabilities, shall be subject to the TOS. The Customer understands and agree that the Service is provided "AS-IS" and that ChemScope assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any The Customer communications or personalization settings.

The Customer is also responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The Customer is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, The Customer must provide and are responsible for all equipment necessary to access the Service.

3. The Customer REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or ChemScope has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yahoo has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. ChemScope PRIVACY POLICY

Registration Data and certain other information about The Customer are subject to our Privacy Policy. For more information, see our full privacy policy at http:/www.ChemScope.com/privacy/privacy.asp.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

The Customer has been given the capability to create multiple accounts and passwords within its website database, and The Customer has been issued a password and account for control of this. The Customer is responsible for maintaining the confidentiality of all passwords and accounts, and is fully responsible for all activities that occur on the The Customer website. The Customer agrees to (a) immediately notify ChemScope of any unauthorized use of any password or account or any other breach of security, and (b) ensure that The Customer users from the The Customer website at the end of each session. ChemScope cannot and will not be liable for any loss or damage arising from The Customer failure to comply with this Section 5.

6. MEMBER CONDUCT

The Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that The Customer, and not ChemScope, are entirely responsible for all Content that The Customer upload, post, email, transmit or otherwise make available via the Service. ChemScope does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will ChemScope be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

The Customer agrees to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a ChemScope official, forum leader, guide or host, or falsely state or otherwise misrepresent The Customer affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that The Customer do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another

The Customer acknowledges that ChemScope does not pre-screen Content, but that ChemScope and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, ChemScope and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. The Customer agrees that The Customer must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

The Customer acknowledges and agree that ChemScope may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ChemScope, its users and the public.

The Customer understands that the technical processing and transmission of the Service, including The Customer Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, The Customer agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, The Customer agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which The Customer reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

ChemScope does not claim ownership of Content The Customer submits or make available for inclusion on the Service.

9. INDEMNITY

The Customer agrees to indemnify and hold ChemScope, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content The Customer submit, post, transmit or make available through the Service, The Customer use of the Service, The Customer connection to the Service, The Customer violation of the TOS, or The Customer violation of any rights of another.

10. NO RESALE OF SERVICE

The Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, unless written permission is granted to Company1 from ChemScope.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

The Customer acknowledges that ChemScope may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on ChemScope's servers on The Customer behalf, and the maximum number of times (and the maximum duration for which) The Customer may access the Service in a given period of time. The Customer agrees that ChemScope has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

12. MODIFICATIONS TO SERVICE

ChemScope reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Customer agrees that ChemScope shall not be liable to The Customer or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

The Customer agrees that ChemScope, in its sole discretion, may terminate The Customer password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ChemScope believes that The Customer have violated or acted inconsistently with the letter or spirit of the TOS. ChemScope may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The Customer agrees that any termination of The Customer access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that ChemScope may immediately deactivate or delete The Customer account and all related information and files in The Customer account and/or bar any further access to such files or the Service. Further, The Customer agrees that ChemScope shall not be liable to The Customer or any third-party for any termination of The Customer access to the Service.

14. DEALINGS WITH ADVERTISERS

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15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ChemScope has no control over such sites and resources, The Customer acknowledges and agree that ChemScope is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The Customer further acknowledge and agree that ChemScope shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. ChemScope'S PROPRIETARY RIGHTS

The Customer acknowledges and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.

17. DISCLAIMER OF WARRANTIES

The Customer EXPRESSLY UNDERSTANDS AND AGREES THAT:

a. The Customer USE OF THE SERVICE IS AT The Customer SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ChemScope EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. ChemScope MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET The Customer REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY The Customer THROUGH THE SERVICE WILL MEET The Customer EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT The Customer OWN DISCRETION AND RISK AND THAT The Customer WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO The Customer COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY The Customer FROM ChemScope OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

The Customer EXPRESSLY UNDERSTAND AND AGREE THAT ChemScope SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ChemScope HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF The Customer TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO The Customer.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

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21. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

22. TRADEMARK INFORMATION

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23. COPYRIGHTS and COPYRIGHT AGENTS

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24. GENERAL INFORMATION

The TOS and the relationship between The Customer and ChemScope shall be governed by the laws of the State of California without regard to its conflict of law provisions. The Customer and ChemScope agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California. The failure of ChemScope to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. The Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS to info@chemscope.com .