Terms and Conditions of Use
The following are terms ("Site Terms") of a legal agreement between you and ROW2 Technologies. By accessing, browsing or using this website ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.
ROW2 Technologies reserves the right, in its sole discretion to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time including any changes to the products or services described in this Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. By accessing, browsing, and using this Site, you agree to be bound by the terms and conditions described below and all policies and guidelines incorporated by reference. IF YOU DO NOT AGREE TO ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Information on this Site including SmartChem database is not promised or guaranteed to be correct, current, or complete, and this Site and the SmartChem database may contain technical inaccuracies or typographical errors. ROW2 Technologies assumes no responsibility (and expressly disclaims responsibility) for updating this Site and the SmartChem database to keep information current or to ensure the accuracy or completeness of all posted information before making any decision related to any services, products or other matters described in this Site. ROW2 Technologies provides no assurances that ROW2 Technologies will resolve any reported problems, even if ROW2 Technologies elects to provide information with the goal of addressing the problem.
Subject to the terms outlined below, ROW2 Technologies grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation (i) any resale or commercial use of the Site or content therein; (ii) making derivative uses of the Site or its contents; or (iii) use of any data mining, robots, or similar data gathering and extraction methods. Except as expressly stated in these Site Terms, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, trade secret, copyright, or other proprietary right of ROW2 Technologies or any third party. Elements of the Site, including page headers, custom graphics, logos, sounds, images and button icons, are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, image or other element from the Site may be copied, reproduced, redistributed or retransmitted unless expressly permitted by ROW2 Technologies, in writing. You may not use, frame or utilize framing techniques to enclose any ROW2 Technologies trademark, logo or other proprietary information (including, but not limited to the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without the express written consent of ROW2 Technologies. Further, you may not use any metatags or any other "hidden text" utilizing a ROW2 Technologies name, trademark, or product name without the written consent of ROW2 Technologies. Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and status. All versions will be prosecuted to the fullest extent of the law.
All copyrighted and copyrightable materials on this Site including but not limited to SmartChem database ROW2 Technologies logo, design, text, graphics, pictures, sound files and other files (the "Materials") and the selection and arrangement thereof are copyright © 2001-2008 ROW2 Technologies, and/or its suppliers. ALL RIGHTS RESERVED. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, uploaded, displayed, posted, or used for the creation of derivative works or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ROW2 Technologies or the respective copyright owner.
Your failure to comply with the Site Terms and SmartChem License Terms and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control.
ROW2 Technologies does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or any other proprietary or intellectual property rights. You may not mirror any of the content from this Site including but not limited to SmartChem database on another web site or in any other media or form.
Notice for Copyright Infringement Claims
Pursuant to Title 17 of the United States Code, Section 512(c)(2) notifications of claimed copyright infringement should be sent to:
14 Walsh Drive, Suite 200,
Parsippany, NJ 07054, USA
Attn: Legal Department
Your Rights are Restricted Rights
This Site and its Materials are provided with 'RESTRICTED RIGHTS'. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. The contractor/manufacturer is ROW2 Technologies, at 14 Walsh Drive, Suite 200, Parsippany, NJ 07054, USA.
ROW2 Technologies, the ROW2 Technologies logo, and the products and services described in this Site are either trademarks or registered trademark, of ROW2 Technologies and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ROW2 Technologies or its suppliers or licensors. Also, page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade address ROW2 Technologies, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ROW2 Technologies. All other trademarks, registered trademarks, and product names mentioned herein are the property of their respective owners.
Registered User Access
This Site may include discussion forums or other interactive areas, including chat rooms or bulletin boards accessible to Site users that submit the required registration information requested by ROW2 Technologies ("Registered Users"). By using any forum or interactive areas, you as a Registered User agree not to do any of the following: (i) interfere, in any way, with other users of the Site; (ii) transmit or post any information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (iii) post or transmit any message under a false name or anonymously; (iv) transmit or post any unlawful, abusive, defamatory, threatening, pornographic, obscene or otherwise objectionable information, text or messages of any kind including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise in any manner violate any local, state, national or international law (including without limitation those governing export control, antitrust, consumer protection, unfair competition, anti-discrimination or false advertising); (v) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of policy or publicity or any other proprietary right; or (vi) without the written permission of ROW2 Technologies, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. ROW2 Technologies shall have the right to immediately suspend or terminate Registered User's account without notice and refuse any and all current or future use of the Site in the event of a violation of these terms.
If you are a Registered User, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submission to ROW2 Technologies, or posting to open forums on this Site, are non-confidential and shall become the sole property of ROW2 Technologies. ROW2 Technologies shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to ROW2 Technologies, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity to the extent permitted by law.
In consideration of use of the Site, Registered User agrees to: (i) provide true, accurate, current and complete information as prompted by the Site's registration form (such information being the "Registration Data") and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Registered User provide any information that is untrue, inaccurate, not current or incomplete, or Registered User fail to comply with, or violates any of the terms of these Site Terms, or ROW2 Technologies has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ROW2 Technologies has the right to immediately suspend or terminate Registered User's account without notice and refuse any and all current or future use of the Site (or any portion thereof). Registered User will receive a password and account designation upon completing the Site's registration process. Registered User is solely responsible for maintaining the confidentiality of the password and account and agrees to be fully liable for all activities that occur under the password or account. Registered User agrees to (i) immediately notify ROW2 Technologies of any unauthorized use of the password or account or any other breach of security, and (ii) ensure that Registered User personnel exit from the account at the end of each session.
ROW2 Technologies takes no responsibility and assumes no liability for any content posted or un-posted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity you may encounter. As a provider of interactive services, ROW2Technologies is not liable for any statements, representations, or content provided by its users in any public forum or personal home page.
Linking to this Site
All links to this Site must have a prior approval in writing by ROW2 Technologies.
Site Monitoring and Privacy
ROW2 Technologies has the right, but not the obligation, to monitor any activity and content associated with its forums and interactive areas. ROW2 Technologies may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. ROW2 Technologies reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. ROW2 Technologies also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
Information ROW2 Technologies publishes on this Site may contain references or cross references to ROW2 Technologies services or products which are not available globally. Such services or products do not imply that ROW2 Technologies intends to announce or make available such products in your country.
This Site may provide references or links to non- ROW2 Technologies sites and resources. ROW2 Technologies makes no representations, warranties or commitments whatsoever about any non-ROW2 Technologies Sites or any third party resources that may be referenced, accessible from or linked to ROW2 Technologies Site. A link to non- ROW2 Technologies site does not mean that ROW2 Technologies endorses the content or use of such website or its owner. Moreover, ROW2 Technologies is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such third parties or use a link to such third parties from this Site. Accordingly you acknowledge and agree that ROW2 Technologies is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services or products available from such third party web sites or resources.
When you access any non- ROW2 Technologies website that may contain a ROW2 Technologies logo, please note that it is independent from ROW2 Technologies and ROW2 Technologies does not control the content of that web site.
Please note that it is your sole responsibility to take precautions or protect yourself from viruses, worms, Trojan horses and other potentially destructive programs, and to protect your information as you may deem appropriate.
Indemnification and Release
You agree to indemnify and hold ROW2 Technologies and its subsidiaries, affiliates, officers, directors, independent contractors, agents, and employees, harmless from any losses, liabilities, judgments, settlements, fines, taxes, liens, impositions, encumbrances, penalties, claims, suits, costs and expenses claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your compliance or obligations under these Site Terms, use of the Site, breach of any license term including but not limited to SmartChem terms or any violation of any law or regulation, or the rights of a third party. You hereby release ROW2 Technologies, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of this Site.
DISCLAIMER OF WARRANTY
USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, PROGRAMS AND SERVICES PROVIDED BY ROW2 TECHNOLOGIES INCLUDING BUT NOT LIMITED TO SMARTCHEM DATABASE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, AND WITHOUT ANY WARRANTY OR GUARANTEE OR CONDITION, EXPRESS, IMPLIED OR STATUTORY WHATSOEVER. ROW2 TECHNOLOGIES EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATIONS, THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, ROW2 TECHNOLOGIES MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE WILL BE UNINTERUPPTED, TIMELY, SECURE OR ERROR FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS, INFORMATION, PRODUCTS, PROGRAMS AND SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Some jurisdictions do not allow the exclusion of warranties, so the foregoing disclaimer may not apply.
Limitation of Liability
IN NO EVENT SHALL ROW2 TECHNOLOGIES, ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR DOWNLOADING OF OR ACCESS TO ANY MATERIAL, INFORMATION, PRODUCTS AND SERVICES, OR THIS USER AGREEMENT HOWEVER ARISING, INCLUDING WITHOUT LIMITATION, ANY BUSINESS INTERRUPTION, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ROW2 TECHNOLOGIES HAS EXPRESSLY BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT OR ANY OTHER LEGAL THEORIES.
Additional or different terms, conditions and notices may apply to specific materials, information, products, and services offered through this Site. In the event of any conflict, such additional or different terms and conditions will prevail over these Site Terms.
THE AGGREGATE LIABILITY OF ROW2 TECHNOLOGIES'S, AND OF ITS OFFICERS, DIRECTORS, OWNERS, INDEPENDENT CONTRACTORS, EMPLOYEES, AGENTS, AND AFFILIATES, TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED $100.00(U.S DOLLARS HUNDRED ONLY).
All questions, inquiries or comments about the Site or its contents should be directed to firstname.lastname@example.org
SMARTCHEM, a proprietary software developed and owned b ROW2 Technologies enables users to raise questions as a purchaser, researcher, seller or an executive and helps the User to generate a short-list of chemicals of interest. ROW2 has a vast database of chemicals, their structures, properties, manufacturers, suppliers, the raw materials consumed, the unit processes used, the functionality of each chemical, and their uses as intermediates, their competing products, shipping regulations, patent information and the market places that consume it. All the Site terms applicable for accessing the site are also applicable for accessing SmartChem database except for Section 12 and 16. For avoidance of any doubt whatsoever, it is clarified that by accepting the 'I Accept' tab below, you are not bound by SmartChem License Terms and do not get access to SmartChem. SmartChem License Terms are applicable to you only on payment of the license fee and signing of a separate license agreement/Issue of a Purchase Order. Should the user desire to avail of a non-exclusive license to use SmartChem, the user shall be required to pay a license fee in addition to any other fees. In order to opt for availing of such license, the user shall be required to execute a separate License Agreement or issue a Purchase Order.
- SmartChem use requires an annual base license and an annual (n-1) client licenses; where n is the intended no of users. (Note: the base license comes bundled with a single user license.)
- A user is any individual, contractor, or agent of the customer who accesses SmartChem using theROW2 assigned user ID and password without regard to the underlying business purpose (or lack thereof).
- A year is any 12-month period, starting on the 1st day that the base license for use is/was granted.
- All licenses are country specific (i.e. explicitly tied to country in which their use is intended). By extension a user located in a country other than the originally envisaged base license country, will require an additional base license for the new country. At its discretion ROW2 may refuse to license the use of its software in certain countries.
- The cost of the first license, in the country of intended use, is the one that prevails at the point in time of subscription that will be communicated in writing to you.
- Cost of each additional license, intended for use in the same country as the base license was originally licensed for, is the one that prevails at the point in time of subscription that will be communicated in writing to you.
- Each user in the organization requires a unique license.
- Client licenses can be added at any time, by paying the annual client license charges. All licenses are tied to the base license and will expire along with the base license.
- License fees are non-refundable and are not tied to actual use (or disuse-use)
It is the customer's obligation to ensure that no one other the customer authorized personnel in whose names the client licenses were instantiated are allowed to access, browse or otherwise use the SmartChem system.