Terms of Use
ACCEPTANCE OF TERMS
EmeraChem makes available for your use on this website located
at emera.serveyourmarket.com (the "Site") information, documents,
software and products (collectively, the "Content") and various
services (the "Services"), subject to the terms and conditions
set forth in this document (the "Terms of Use"). By accessing
the Site, you agree to the Terms of Use. EmeraChem reserves the
right to change the Terms of Use from time to time at its sole
discretion without
notice. Your use of the Site will be subject to the most current
version of the Terms of Use posted on the Site at the time of
such use. There
may be additional terms and conditions relating to your use of
certain portions of the Site. If you use these other portions
of the Site, you
will also be bound by those other terms and conditions. If you
breach any of the Terms of Use, your authorization to use this
Site automatically terminates and you must immediately destroy
any Content downloaded
or
printed from the Site.
INTELLECTUAL PROPERTY RIGHTS
All copyrights, trademarks, service marks, logos and other
intellectual property rights in the Site, any Content and
any Services are owned by and shall at all times remain the property
of EmeraChem
and/or third parties. EmeraChem DOES NOT grant any express
or implied right to you under any patent, copyright, trademark
or other intellectual
property right with respect to the Site, the Content or the
Services. You may only use such intellectual property as specifically
authorized
by these Terms of Use. You grant EmeraChem permission to
use on the Site or in connection therewith all comments, graphics,
ideas and
other information you provide to EmeraChem through the Site,
email or other means.
COPIES
Except as specifically authorized by these Terms of Use,
no portion of the Content may be reproduced, displayed, distributed,
stored or used in any form or by any means without EmeraChem's
prior
written consent.
CONTENT
You may view, download and print the Content subject to the
following conditions:
1. The Content may be used solely for your personal, informational,
internal and noncommercial purposes.
2. The Content may not be modified or altered in any way.
3. The Content may not be distributed.
4. You may not remove any copyright or other proprietary notices
contained in the Content.
5. EmeraChem reserves the right to revoke your authorization
to view, download and print any Content at any time, and you
must discontinue any such use immediately upon written notice
from EmeraChem.
6. The rights granted to you in these Terms of Use constitute
a revocable, non-exclusive, personal, non-transferable license
and NOT a transfer of title.
Notwithstanding the foregoing, elements of the Site (including
without limitation its design and layout) are protected by
trade dress and other
laws and may not be copied or imitated in whole or in part.
USE AND PROTECTION OF ACCOUNT ID AND PASSWORD
Should the Site include an account ID or password, you are
responsible for maintaining the confidentiality of your account
ID and/or password, if applicable. You are responsible for
all uses of
your account, whether or not you actually or expressly authorize
them.
WARRANTIES AND DISCLAIMERS THE SITE, ALL CONTENT AND ALL
SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED
WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, EMERACHEM MAKES NO WARRANTY
THAT (i) THE SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICES
OR CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICES OR THE
CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES OR INFORMATION THAT YOU PURCHASE
OR OBTAIN FROM
THE SITE WILL MEET YOUR EXPECTATIONS, (v) DEFECTS IN THE CONTENT
OR THE SITE WILL BE CORRECTED OR (vi) THE SITE IS FREE OF
VIRUSES OR OTHER
HARMFUL COMPUTER CODE. TO THE EXTENT PERMISSIBLE BY LAW, ANY
IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS. SOME STATES OR
JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS
MAY NOT APPLY
TO YOU.
The downloading or other acquisition of any Content, Services
or products through the Site is done at your own discretion
and risk and with your
agreement that you will be solely responsible for any damage
to your computer system, loss of data or other damage or loss
that results from
any such downloading or acquisition. No advice or information,
whether oral or written, that you obtain from EmeraChem or
through or from the
Site will create any warranty not expressly stated in these
Terms of Use.
The Site contains links to third-party Internet sites that
are not under EmeraChem's control. EmeraChem makes no representations
whatsoever
about any other website to which you may have access through
the Site. When you access a website other than the Site, you
do so at your own
risk and EmeraChem is not responsible for the accuracy or reliability
of any information, data, opinion, software, advice, content
or statements contained on these Internet sites or for the
quality of any products
or services available on these Internet sites. EmeraChem provides
these links merely as a convenience and the inclusion of such
links does not
imply that EmeraChem endorses, recommends or accepts any responsibility
for the content or use of these Internet sites.
IN NO EVENT WILL EMERCHEM BE LIABLE TO YOU OR ANY THIRD PARTY
FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE
SITE OR ANY OTHER
MATTER RELATING TO THE SITE, THE CONTENT, THE SERVICES OR ANY
INTERNET SITE REFERENCED OR LINKED TO FROM THE SITE (INCLUDING
WITHOUT LIMITATION
ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL
OR OTHER SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION THOSE
RESULTING FROM LOSS
OF USE, DATA OR PROFITS), WHETHER OR NOT EMERCHEM COULD HAVE
FORESEEN THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
PROHIBIT THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOUR INFORMATION
Refer to the EmeraChem Privacy Policy posted on the Site to
learn how EmeraChem protects your personal information. To
the extent you provide any information to EmeraChem while using
the Site, you
represent and warranty that all such information is accurate
and complete in all respects.
TERMINATION AND MODIFICATION
EmeraChem may modify or terminate the Site, any Content and
any Services, including without limitation the prices and
descriptions of any products or Services listed on the Site,
at any time without
notice. The Content or Services may be out of date, and EmeraChem
makes no commitment to update any Content or Services.
INAPPROPRIATE BEHAVIOR
Any of the following may result in your suspension or permanent
expulsion from the Site. The sole test of whether or not
you have engaged in such behavior is EmeraChem's own discretion.
Certain behaviors
also may result in criminal or civil action.
1. Use of vulgar or offensive language, including in your
username or email address.
2. Perpetration of illegal, abusive or unethical activity.
3. Threat of physical violence.
4. Threat of destruction of property.
5. Harassment of any person.
6. Making any racially, sexually or otherwise offensive comment.
7. Distribution of obscene material or use of obscene or
sexually suggestive language.
8. Violation of privacy, including without limitation the
involuntary public disclosure of a third party's phone number,
mailing
or email address or other personal or private information.
9. Defacement of any part of the Site.
10. Hacking, the deliberate distribution of a computer virus
or any access or attempt to access other areas of any computer
equipment on which the Site is located or other information
contained on such
computer equipment for any purpose.
11. Gambling or promotion of gambling.
12. Infringement of the intellectual property or other proprietary
rights of any party.
NOTICES
You may send notices to EmeraChem at 2375 Cherahala Boulevard,
Knoxville, TN 37932. Phone: 865.246.3000, Toll Free: 888.777.4538
Fax: 865.246.3001. Any notice will be effective upon actual
receipt by EmeraChem. EmeraChem may send notices to you through
e-mail, regular
mail or a posting on the Site. Any such notice will be effective
upon actual receipt by you in the case of e-mail or regular
mail or upon
posting on the Site.
GOVERNING LAW AND JURISDICTION
These Terms of Use (i) may be amended by EmeraChem at any
time by posting an amendment on the Site, whether or not
you actually receive
notice of the amendment, or by you and EmeraChem in a writing
executed by you and EmeraChem, (ii) inure to the benefit
of, and are binding
upon, you and EmeraChem and each of your and EmeraChem's
successors and assignees, except that you may not assign
any of your obligations
under these Terms of Use without EmeraChem's prior written
consent, (iii) are governed by and will be interpreted and
enforced in accordance
with the laws of the State of Tennessee, without regard to
principles of conflict of laws and (iv) constitute the entire
agreement between
you and EmeraChem with respect to the subject matter hereof,
and supersede all prior oral and written proposals, representations,
understandings
and agreements. You and EmeraChem will submit any dispute
relating to the Site, the Content, the Services or these
Terms of Use exclusively
to a federal or state court located in the County of Knox,
Tennessee and consent to its being a proper venue for such
dispute. EmeraChem
makes no representation that the Site, the Content or the
Services are appropriate or available for use in locations
other than the State
of Tennessee, and accessing them from territories where they
are illegal is prohibited. Those who choose to access this
Site from other locations
do so exclusively on their own initiative, for their own
purposes, and are responsible for compliance with local laws
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