THIS WEBSITE HTTP://WWW.NANOTECHENERGY.COM (THIS "SITE") IS OPERATED BY NANOTECH ENERGY INC. (“NANOTECH ENERGY INC”, "WE", "US", OR "OUR"). THE SITE OFFERS PRODUCT INFORMATION AND ADDITIONAL SERVICES, INCLUDING THE ABILITY TO PURCHASE DEVICES (DOMESTICALLY AND INTERNATIONALLY), CONTENT, DISTRIBUTION, AND AT TIMES CONTESTS AND CONTEST RULES. IN THIS SITE'S TERMS & CONDITIONS ("TOC"), WE PROVIDE THE TERMS THAT PERMIT YOU INDIVIDUALLY OR ON BEHALF OF YOUR COMPANY, INSTITUTION, ORGANIZATION OR OTHER ENTITY, (COLLECTIVELY, "YOU" OR "YOUR") TO USE THIS SITE.
1. Please Read The Toc Carefully.
The following TOC constitutes a binding agreement between you and NANOTECH ENERGY INC, and governs your access and usage of the Site, including any related information or services provided by the Site. By accessing or using the Site, you agree to this TOC. You also agree that you have authority to bind the organization you represent to the terms stated in this TOC. If you do not agree to this TOC, you may not and should not use the Site.
This Site allows those who have purchased Nanotech Energy products, those who are interested in purchasing our products and/or learning about Nanotech Energy with information and additional services, including the ability to purchase devices (domestically and internationally), content, distribution, and at times contests and contest rules.
If you create an account, you agree not to disclose your password to anyone else, and that you will be solely responsible for any activities or actions taken under your Account, whether or not authorized by you. Notify us immediately of any unauthorized use of your password or Account, as we are not liable for any loss or damage from your failure to comply with these conditions. You agree that the information you provide us will be true, accurate, current, and complete. By creating an Account, you consent to the use of electronic means to complete the Terms (or a separate "Agreement" between you and us) and to provide you with any notices given pursuant to the Terms (or Agreement). You also consent to us using electronic records to store information related to the Terms, a separate Agreement, or your use of the Services.
4. Delivery & Receipt Of Products
As a company, we are responsible only for ensuring that our products are delivered to the recipient according to the agreement. This agreement is created when funds are transferred from you to us, in order to pay for the agreed Products.
Invoices for payments made to NANOTECH ENERGY INC shall be sent in the same currency used for the transaction (for example, USD payment means a USD invoice is sent).
Once these Products leave our premises, the responsibility of delivery is transferred to the shipping handler/company. Once the Products are delivered to their destination, it is the buyer's responsibility to ensure all customs and other legislative requirements are satisfied before taking receipt of the Products.
We are not responsible for the customs arrangements in your jurisdiction, and have no control over this process.
If you decline to receive the Products once they are delivered to your jurisdiction, we will offer you a refund, but we also reserve the right to use your funds (that are in our possession) to cover any costs resulting from this failed delivery. This includes, but is not limited to, return shipping costs, customs duties, and other handling fees arising from failed delivery. Any remaining funds will be credited back to the original paying account.
5. Uses Of The Site
The use of your Account and tools available on this Site shall be subject to the additional terms set forth in the Terms of Service.
6. Copyright Notice And Uses Of Site Content
The contents of the Site are protected by the copyright and other laws of the United States, the European Union, and its treaty countries and other jurisdictions (except as may otherwise be provided in a written Agreement you have with NANOTECH ENERGY INC). You may not modify, copy, reproduce, republish, upload, post, transmit, transfer, or distribute in any way, any of the contents of this Site. You may download content from this site solely for your personal, non-commercial use (except as may otherwise be provided in a written agreement you have with NANOTECH ENERGY INC), provided you keep intact all copyright and other proprietary notices. Any copies of the content must include NANOTECH ENERGY INC's copyright notice: © 2015 NANOTECH ENERGY INC. All rights reserved.
7. Third Party Services, Website, Or Resources
The Site may contain links, content, resources, or services provided by third parties (thereby "Third Party Resources"). When you access Third Party Resources, we are not responsible or liable for the availability, accuracy, functionality, adherence to third party/NANOTECH ENERGY INC policies, or legality thereof. You also agree that Third Party Resources are independent from NANOTECH ENERGY INC, and that NANOTECH ENERGY INC has no control over any content on those websites or other Third Party Resources. We do not endorse such websites, services, or resources or the content, products, or services on or available from such Third Party Resources. You are solely responsible for and assume all risk arising from your use of any of these websites, services, or resources.
9. Additional Terms For Forums, Blogs, And Other Social Media
Our Site may provide one or more forums, blogs, knowledge bases, help desk, or other interactive/social media features (hereby "Forums") for visitors to our Site; the purpose being to exchange information with each other and with NANOTECH ENERGY INC about NANOTECH ENERGY INC's products and services (the "Purpose"). If you use the Forums, in addition to any other terms, we may require when you register to use the Forums, or otherwise submit posts on the Forums, that you agree to the following:
You agree not to use the Forums for any reason other than the Purpose. Material on the Forums is protected by international copyright and trademark laws where applicable. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Forums including any code or software we may provide. Except as permitted through a "Share" function which we may provide on the Forums, or when used to fix a support issue for Site features and services and beacons, or with our express written permission. Content on the Forums may also be downloaded or otherwise copied if meant for personal, and non-commercial use.
POSTS ARE NOT THE OPINION OF NANOTECH ENERGY INC.
Some individuals posting to Forums work for NANOTECH ENERGY INC; however, opinions expressed on Forums and in any subsequent comments are the personal opinions of the original authors, and do not necessarily reflect the views of NANOTECH ENERGY INC.
MODERATION OF POSTS
Although we may attempt to keep objectionable content off the Site, it is impossible for us to review all content, at all times. All content posted on Forums are the expressed views of the author, and NANOTECH ENERGY INC will not be held responsible for any content posted on Forums.
RESPONSIBILITY OF POSTS
If you post any messages, upload files, input data, or engage in any other form of communication through the Forums (a “Post” or “Posts”), you assume all responsibility for making those posts and their exchange, and you agree to indemnify NANOTECH ENERGY INC from all responsibility thereof.
YOU REPRESENT AND WARRENT THE FOLLOWING
(a) you own all right, title, and interest in and to the Post, or you have been granted sufficient rights in and to the Post, thus allowing you to make such a Post; (b) you will not post any messages or other materials that are obscene, vulgar, sexually-orientated, hateful, threatening, or that otherwise violate any laws; (c) you must not breach obligations of confidentiality that you owe to another party either in posting or using a Post; (d) any Posts you make to the Site do not infringe any third party copyright, trademarks, any other intellectual property rights, or any applicable law; and (e) you will indemnify us and our affiliates, partners, licensors, service providers, content providers, and our and their directors, officers, employees, and agents; against all claims, losses, liabilities, costs, damages and expenses incurred by us or them due to any breach by you of this TOC, or your use of the Forums. For the purposes of this section, references to “your use” of the Forums shall also include any use by a third party, where such third party accesses the Forums using your computer/tablet/mobile device.
WHEN USING THE FORUMS AND VIEWING POSTS, YOU ALSO NEED TO BE AWARE OF THE FOLLOWING:
All Posts on the Forums can be viewed by other users of the Forums, and generally to other visitors or users to the Site. Therefore, it’s recommended that you not include in any Post information you wish to keep confidential, or which you deem to be proprietary to you.
The Forums may include contributions from various sources (including third party users) over which NANOTECH ENERGY INC has no control.
NANOTECH ENERGY INC does not pre-screen or otherwise exercise editorial control over Posts, and takes no responsibility for such Posts.
NANOTECH ENERGY INC reserves the right to edit or remove Posts at any time and in its sole discretion, including Posts that are in breach of this TOC, or in breach of any obligation of confidentiality you owe NANOTECH ENERGY INC, infringe or are alleged to infringe the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Forums. NANOTECH ENERGY INC will not be liable in relation to the removal of, or failure to remove, any Posts.
Our Forums may allow you to send messages directly to other Forum users who have made their contact information available for receiving such messages. You agree to only send messages to other Forum users in accordance with the Purpose, and any other use of the ability to send messages to other Forum users is strictly prohibited. You shall not use the contact information made available through the Forum for any of the following: (1) to send unsolicited commercial email (i.e. spam) or any other type of unsolicited commercial message, or (2) to send any message that is vulgar, sexually-orientated, hateful, threatening, or otherwise violates any laws.
By adding a Post to the Forum, you are granting NANOTECH ENERGY INC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such Post; (2) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your Post without restriction; and (3) sublicense to third parties the un-restricted right to exercise any of the previously stated rights granted with respect to the Post. The previous statements shall also include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such Posts; including but not limited to rights under copyright, trademark, service mark, or patent laws, under any relevant jurisdiction, without NANOTECH ENERGY INC owing any monies or other services to you whatsoever.
NANOTECH ENERGY INC employees must abide by the NANOTECH ENERGY INC Forums Policy in all Posts.
Our Forums may contain additional rules or posting guidelines for making Posts. In such a case, you agree to any such additional rules or posting guidelines for making Posts.
Your use of the Site, Forums, and any other Feature or Service provided by NANOTECH ENERGY INC (the "Site") is at your sole discretion and risk. For the purpose of this section, this Disclaimer also includes any hardware manufactured and sold by NANOTECH ENERGY INC ("Hardware" or "Nanotech Energy"). We will not be responsible for any harm to your computer or mobile device, loss of data, personal injury, property damage, or other harm that results from your use of the Site or Hardware. THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. COMMENTARY AND OTHER MATERIALS POSTED ON THE SITE ARE NOT INTENDED TO BE ADVICE ON WHICH RELIANCE SHOULD BE PLACED, AND NANOTECH ENERGY INC THEREFORE DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY SUCH RELIANCE
We do not make any warranties regarding the security, accuracy, reliability, timeliness and performance of the Site or Hardware; or that the Site or Hardware will be error-free or that any errors will be corrected. NANOTECH ENERGY INC will not be liable, and you are solely responsible, for any and all costs associated with access, usage, maintenance, repair, and correction of any equipment you use to access or use the Site or Hardware.
We are not responsible for the incorrect or inaccurate transcription of information; problems related to any of the equipment or software associated with the Site or Hardware or used by you; human error outside our reasonable control; any interruption, deletion, omission, degradation, defect, or failure of any telephone network or electronic transmission; or problems relating to inability to access the Site or Hardware.
We are not responsible for the privacy issues or failures caused by you, a NANOTECH ENERGY INC customer, or otherwise affiliated third party; who uses services provided by the Site to collect, store, process, or otherwise use sensitive information; whether the cause is intentional, accidental, or due to some other failure. Usage of information as described in this section occurs outside the knowledge and purview of NANOTECH ENERGY INC. You are responsible for upholding and enforcing your own Privacy Policies, License Agreements, and Terms of Service.
TO THE FULLEST EXTENT PERMISSIBLE IN REGARDS TO APPLICABLE LAW, NANOTECH ENERGY INC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY OTHER CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW, CIVIL LAW, OR LAW OF EQUITY. NANOTECH ENERGY INC DOES NOT WARRANT THAT THE SITE OR HARDWARE, INCLUDING SERVICE USED TO OPERATE THE SITE OR HARDWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NANOTECH ENERGY INC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
You agree to defend, indemnify, and hold NANOTECH ENERGY INC, its officers, directors, employees, and agents; harmless from and against any claims, liabilities, damages, losses, and expenses; including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with; your access to or use of the Site or Hardware; your violation of the Terms of Service; or your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right.
12. Limitation Of Liability
IN NO EVENT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, SHALL NANOTECH ENERGY INC, ITS OFFICERS, INVESTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARISE OR RESULT FROM OR ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE, THE FORUMS, MADE AVAILABLE ON OR THROUGH THE SITE, OR ANY HARDWARE SOLD BY NANOTECH ENERGY INC, ITS LICENSORS, OR ITS AGENTS AND DISTRIBUTORS. UNDER NO CIRCUMSTANCES SHALL NANOTECH ENERGY INC’S AGGREGATE LIABILITY EXCEED USD $10.00. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NANOTECH ENERGY INC AND ITS AFFILIATES ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OF THE SITE, OR ANY POST MADE TO THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY MATERIALS MADE AVAILABLE BY OR THROUGH THE SITE, OR WITH THIS TOC, YOUR SOLE AND EXCLUSIVE OPTION IS TO DISCONTINUE USING THE SITE.
Some jurisdictions do not allow the exclusion of certain warranties, or the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you.
14. Notices Of Copyright Infringment
If you believe your intellectual property rights are infringed by any content on the Site, send us a written notification using the contact information found on the Site. We require some form of proof and an official statement that you are, or that you represent the intellectual property rights owner, and that you have a good faith belief that your rights are being infringed, or that there is some unauthorized use of your intellectual property on the Site or Forums. We also require some reasonable time to respond to, or remedy the situation as we feel is appropriate. We are not responsible for, and are unable to take action against, intellectual property rights infringements, when said property is not stored on or transmitted through the NANOTECH ENERGY INC Site, or the Servers and Networks used to operate the Site.
15. Export Compliance Assurances
You acknowledge that all products, services, proprietary data, know-how, software, or other data or information (herein referred to as “Products”) obtained from NANOTECH ENERGY INC, including any Product derived thereof, are subject to the United States export control laws. Accordingly their use, export, and re-export, may be restricted or prohibited. You and your affiliates agree to obtain prior to export, an authorization from the applicable agency (either in writing or as provided by applicable regulation). You, therefore, agree that neither you nor your subsidiaries or affiliates will directly or indirectly export, re-export, transfer, or release, or cause to be exported or re-exported, any such Products or any direct Product thereof to any destination or entity prohibited or restricted under U.S. law, including but not limited to U.S. embargoed or sanctioned countries or entities (including their nationals) unless you obtain prior to export, an authorization from the applicable agency (either in writing or as provided by applicable regulation). You further agree that no Products received from NANOTECH ENERGY INC will be directly or indirectly employed in military applications, and especially any weaponized end uses, or in any manner transfer to another party for any such end use, or other nefarious activity. This requirement shall survive any termination or expiration of this Terms of Service.
The Nanotech Energy logo is a copyright of NANOTECH ENERGY INC. Certain other product names, brand names, and company names mentioned in this site, may be trademarks or copyrights of their respective owners.
17. Modifiying And Terminating Our Terms And Conditions
This TOC is effective until modified or terminated by NANOTECH ENERGY INC. NANOTECH ENERGY INC may modify this TOC from time to time and will make a reasonable attempt to notify you by making the revised version available via the Site, and an updated revisions date will indicate that changes have been made. The new TOC will be effective when posted. Your use of the Site after any such modifications or revisions are posted, shall indicate your acceptance of any modified or revised terms. If for some reason you do not agree to the modified or revised terms, then do not access or use this Site. NANOTECH ENERGY INC may also terminate this TOC at any time without notice to you. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Site, including the disclaimers, limitations of liabilities, and export restrictions stated in this agreement shall survive.
This TOC shall be governed by the laws of the United States, without giving effect to its conflicts of law principles. Any dispute in connection with this TOC must be brought to the courts in Chico, CA (USA), and you consent to personal jurisdiction and venue in such courts for purposes of any such dispute. If any provision of this TOC should be deemed unlawful, void, or for any reason unenforceable, then that provision shall be regarded severable from this TOC, though it shall not affect the validity and enforceability of any remaining terms or provisions.