Terms and Conditions of Use
The following are terms (“Site Terms”) of a legal agreement between you and M&S Industries. 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.
M&S Industries 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 is not promised or guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. M&S Industries assumes no responsibility (and expressly disclaims responsibility) for updating this Site 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. M&S Industries provides no assurances that M&S Industries will resolve any reported problems, even if M&S Industries elects to provide information with the goal of addressing the problem.
Subject to the terms outlined below, M&S Industries 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 M&S Industries 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 M&S Industries, in writing. You may not use, frame or utilize framing techniques to enclose any M&S Industries 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 M&S Industries. Further, you may not use any metatags or any other “hidden text” utilizing a M&S Industries name, trademark, or product name without the written consent of M&S Industries. 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.
Copyright Notice
All copyrighted and copyrightable materials on this Site including but not limited to M&S Industries logo, design, text, graphics, pictures, sound files and other files (the “Materials”) and the selection and arrangement thereof are copyright © 2001-2024 M&S Industries, 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 M&S Industries or the respective copyright owner.
Your failure to comply with the Site 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.
M&S Industries 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 on another web site or in any other media or form.
M&S Industries, the M&S Industries logo, and the products and services described in this Site are either trademarks or registered trademark, of M&S Industries and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of M&S Industries or its suppliers or licensors. Also, page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade address M&S Industries, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of M&S Industries. 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 M&S Industries (“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 M&S Industries, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam. M&S Industries 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 M&S Industries, or posting to open forums on this Site, are non-confidential and shall become the sole property of M&S Industries. M&S Industries 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 M&S Industries, 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 M&S Industries has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, M&S Industries 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 M&S Industries 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.
M&S Industries 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, M&S Industries 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 M&S Industries.
Confidential Information
M&S Industries does not want to receive confidential or proprietary information from you through this Site. Please note that any information or material sent to M&S Industries through the website will be deemed not to be confidential. By sending M&S Industries any information or material, you grant M&S Industries an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, and create derivative works from, and otherwise freely use, those materials or information. You also agree that M&S Industries is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you have submitted materials or other information to us unless: (i) we obtain your permission to use your name; or (ii) we first notify you that the materials or other information you submit to a particular part of this Site will be published or used with your name on it; or (iii) we are required to do so by law. Please note that the personal information that you submit to M&S Industries for the purpose of receiving products or services will be handled in accordance with our privacy rules. Please see the tab “Privacy” for information regarding M&S Industries privacy policy.
Site Monitoring and Privacy
M&S Industries has the right, but not the obligation, to monitor any activity and content associated with its forums and interactive areas. M&S Industries 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. M&S Industries reserves the right and has absolute discretion, to remove, screen or edit any content that violates these provisions or is otherwise objectionable. M&S Industries 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.
In order to cooperate with governmental requests, to protect the system and customers of M&S Industries, or to ensure the integrity and operation of the business and systems of M&S Industries, M&S Industries may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted content. The right of M&S Industries to disclose any such non-confidential or non-privileged information in this circumstance shall govern over any terms of the Privacy Policy of M&S Industries.
Global Availability
Information M&S Industries publishes on this Site may contain references or cross references to M&S Industries services or products which are not available globally. Such services or products do not imply that M&S Industries intends to announce or make available such products in your country.
Other Information
This Site may provide references or links to non- M&S Industries sites and resources. M&S Industries makes no representations, warranties or commitments whatsoever about any non- M&S Industries Sites or any third party resources that may be referenced, accessible from or linked to M&S Industries Site. A link to non- M&S Industries site does not mean that M&S Industries endorses the content or use of such website or its owner. Moreover, M&S Industries 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 M&S Industries 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- M&S Industries website that may contain a M&S Industries logo, please note that it is independent from M&S Industries and M&S Industries 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 M&S Industries 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 or any violation of any law or regulation, or the rights of a third party. You hereby release M&S Industries, 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 M&S INDUSTRIES 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. M&S INDUSTRIES 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, M&S INDUSTRIES 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 M&S INDUSTRIES, 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 M&S INDUSTRIES 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 M&S INDUSTRIES’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).
Miscellaneous
The construction, interpretation and enforcement of these Site Terms, as well as any and all tort claims arising from these Site Terms or arising from any of the proposals, negotiations, communications or understandings regarding these Site Terms, shall be governed by and construed in accordance with local laws. Any claim or cause of action you may have arising out of or related to use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding anything to the contrary, the failure of M&S Industries at any time to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall the waiver by M&S Industries of a breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself. If any provision or portion thereof of these Site Terms are found by a court of competent jurisdiction to be invalid or unenforceable, these Site Terms shall be construed in all respects as if the invalid or unenforceable provision or portion thereof had been omitted and all other terms and conditions are fully enforceable, and in such case these Site Terms may be modified, amended, and limited, reflecting the intentions of the parties, if and only if such changes are necessary to render these Site Terms valid and enforceable. The parties are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Site Terms. These Site Terms, together with the Privacy Policy, any other terms and/or conditions pertaining to and set forth on the Site, and any other agreement entered into between M&S Industries and you, constitute the entire agreement between M&S Industries and you and supersedes any other communications, advertisements or understandings with respect to the subject matter hereunder. No third party is a beneficiary of these Site Terms. The provisions of these Site Terms regarding confidentiality, disclaimers of warranty, limits on liability, and those provisions by their sense and nature survive, shall survive the termination or expiration of these Site Terms.
All questions, inquiries or comments about the Site or its contents should be directed to info@mnsindustries.com