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About us

ChemDiv Terms of Service

Acceptance of Terms

Welcome to ChemDiv! ChemDiv is a free service operated by ChemDiv, Inc. ("ChemDiv"). By using ChemDiv, you agree to be bound by the following terms and conditions (the "Agreement"). If you do not agree to these terms and conditions, you may not use ChemDiv.

We may change this agreement at any time, for any reason and without notice.

Description of Service

ChemDiv provides an indexing and search service to help you find information about chemicals from ChemDiv stock available databases. ChemDiv may from time to time add new features and content to ChemDiv, and you understand this agreement covers all such new features and content.

Permitted Use of Service

The ChemDiv service is for your personal use only. You may use ChemDiv at work, but you may not use ChemDiv to sell products or services, or to increase traffic to your Web site for commercial reasons. If you use ChemDiv for commercial gain in violation of this agreement, you will be held liable under the applicable State and Federal laws governing the State of California (USA), the State of Delaware (USA) or your local jurisdiction.

If you use ChemDiv from a standard web browser application which is under your immediate personal control, you may submit an unlimited number of queries to ChemDiv and obtain an unlimited number of results from ChemDiv. If you use an automated system to access ChemDiv, such as a script or program, then in any 24-hour period you are limited to at most 1000 distinct queries, and you are limited to a total of 1000 result per distinct query and 100,000 results per 24-hour period. If you use the ChemDiv' "export" feature to download results to your computer, then in any 24-hour period you are limited to 10,000 results per download and to 100,000 downloaded results per 24-hour period.

You may not redisplay ChemDiv' results or any part thereof on any other web page or other medium. You may not take the results of an ChemDiv search and reformat and display them, or mirror any ChemDiv pages or results on your web site. If you are using a standard web browser that is under your immediate control, the results may only be displayed on your web browser, and only as the immediate consequence of you entering a query and submitting that query to ChemDiv. ChemDiv search results and all related content are for your sole personal use.

Intellectual Property

For the purposes of this agreement, "Intellectual Property" shall mean source code, web pages, product plans, designs, schematics, development know-how, trade secrets, techniques, processes, procedures, algorithms, formulae, costs, prices, finances, marketing plans, business opportunities, research, contracts and customer information.

As between You and ChemDiv, You acknowledge that ChemDiv owns all right, title and interest, including without limitation all Intellectual Property rights, in and to ChemDiv, including ChemDiv' search engine technology, and that you shall not acquire any right, title, or interest in or to ChemDiv.

Disclaimer of Warranties

ChemDiv is provided "AS IS" with NO WARRANTY WHATSOEVER. If ChemDiv does not meet your expectations in any way, or does not perform according to the documentation, or its performance changes from time to time, your sole remedy is to cease using ChemDiv.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. CHEMDIV DISCLAIMS ALL WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. CHEMDIV DISCLAIMS ALL WARRANTY REGARDING THE ACCURACY OF SEARCH RESULTS, OR THE ACCURACY OF INFORMATION ON ANY PAGE LINKED TO BY THE SERVICE.
3. CHEMDIV SHALL NOT BE LIABLE IN ANY WAY FOR YOUR USE OF THE SERVICE OR WITH RESPECT TO ANY SUBJECT MATTER OF THE TERMS OF USE OR THE TERMS AND CONDITIONS RELATED THERETO, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICE OR TECHNOLOGY. THIS LIMITATION SHALL APPLY EVEN IF CHEMDIV WAS OR SHOULD HAVE BEEN AWARE OF OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. THE SERVICES ARE PROVIDED WITHOUT CHARGE AND THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS REPRESENT A REASONABLE ALLOCATION OF RISK UNDER THE TERMS OF USE.
5. YOU AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF CHEMDIV AT YOUR OWN RISK AND DISCRETION, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. 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 MAY NOT APPLY TO YOU.

Without limiting the foregoing, under no circumstances shall ChemDiv be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes including, without limitation, fires, floods, explosions, acts of God, riots, acts of war or terrorism, governmental actions, electrical failures, internet failures, strikes and labor disputes, insurrections, civil disturbances, or any other event beyond ChemDiv' reasonable control.

General Provisions

ChemDiv may change, suspend or discontinue ChemDiv at any time with or without notice, for any reason or for no reason, without any liability to you, any other user, or any third party.

The Terms of Use will be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any dispute or claim arising out of or in connection with the Terms of Use shall be adjudicated in San Diego County, California.

This agreement is the entire agreement between you and ChemDiv and governs your use of ChemDiv. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ChemDiv services.

You shall be responsible for compliance with all applicable laws, rules and regulations, if any, related to the performance of your obligations under this agreement.

The failure of ChemDiv to enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. If any provision of this agreement is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of the Terms of Use shall remain in full force and effect.

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

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