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You may not access this Web Site or use the information on this Web Site without prior acceptance of these terms and conditions. Access of this Web Site or use of the information on this Web Site constitutes your acceptance of these terms and conditions and your waiver of any and all claims against Hyperion Catalysis International, Inc. (“Hyperion”). IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
Hyperion will use reasonable efforts to include accurate information on this Web Site, but Hyperion makes no warranties or representations as to its accuracy. Hyperion may update this web site at any time or from time to time in its sole discretion, but has no obligation to do so. All users agree that all access and use of this Web Site and the content thereof is at their own risk. Neither Hyperion nor any party involved in creating, producing or delivering this Web Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of access to, use of or inability to use www.hyperioncatalysis.com or www.fibrils.com or any errors or omissions in the content thereof.
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Use of Hyperion Web Site and Its Contents
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No rights are conferred hereby in any matter owned by third parties and used by Hyperion on this Web Site. Hyperion undertakes no responsibility to identify any such third party matter used on this Web Site.
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Internet Privacy Statement
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Personally Identifiable Information
Hyperion reserves the right to collect personally identifiable information such as name, address, telephone number, e-mail address or other information only when it is voluntarily submitted to us on this site. Hyperion uses or discloses personally identifiable information only with the visitor’s consent or other legal authorization. The intended uses of the information are provided at the site where the information is collected. Hyperion may use the information to improve the content of its Web Site. We will not sell or rent personally identifiable information to any third party for that party’s marketing purposes.
Non-Personally Identifiable Information
Hyperion also collects aggregate or non-personally identifiable information in aggregate form to track data such as the total number of visits to our Web Site, the number of visitors to each page of our Web Site, and the domain names of our visitors’ Internet service providers. Hyperion uses this information, which remains in aggregate form, to understand how our visitors use our Web Site so that we may make them better. We may also share this information with our partners or other outside companies. NO PERSONALLY IDENTIFIABLE INFORMATION IS DISCLOSED IN THIS PROCESS.
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Limitation of Liability
IN NO EVENT SHALL HYPERION, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEB SITE OR THE DOCUMENTS AND INFORMATION CONTAINED HEREIN, BE LIABLE TO ANY PARTY FOR (1) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE, PUNITIVE OR OTHER DAMAGES ARISING OUT OF ACCESS, USE OR INABILITY TO USE THIS WEB SITE, OR THE DOCUMENTS AND INFORMATION CONTAINED HEREIN, OR ANY OTHER HYPERLINKED WEB SITES, OR (2) ANY ERRORS AND OMISSIONS IN THE CONTENT THEREOF.
This site (www.hyperioncatalysis.com or www.fibrils.com) contains information about products that may or may not be available in any particular country, and if applicable, may have received approval or market clearance by a governmental regulatory body for different applications and restrictions in different countries. Each country has specific laws, regulations and practices governing the communication of information on the Internet. Nothing herein should be construed as a solicitation or promotion for any product or for an indication for any product which is not authorized by the laws and regulations of the country where the reader resides.
PROHIBITED USES AND INDEMNITY:
NO PRODUCT SUPPLIED BY HYPERION IS INTENDED FOR NOR SHALL IT BE USED FOR: (I) ANY MEDICAL, PHARMACEUTICAL, BIOTECHNOLOGY, LIFE SCIENCES, DIAGNOSTIC OR VETERINARY USE (INCLUDING WITHOUT LIMITATION ANY RESEARCH, DEVELOPMENT OR COMMERCIAL APPLICATION IN ANY OF THE FOREGOING FIELDS), IT BEING UNDERSTOOD AND ACKNOWLEDGED THAT HYPERION HAS GRANTED EXCLUSIVE RIGHTS FOR ALL SUCH APPLICATIONS AND USES TO THIRD PARTIES; (II) POLYMERIC CONDUCTIVE COATINGS FOR AUTOMOTIVE USE (INCLUDING WITHOUT LIMITATION ANY RESEARCH, DEVELOPMENT OR COMMERCIAL APPLICATION IN ANY OF THE FOREGOING FIELDS), IT BEING UNDERSTOOD AND ACKNOWLEDGED THAT HYPERION HAS GRANTED EXCLUSIVE RIGHTS FOR ALL SUCH APPLICATIONS AND USES TO THIRD PARTIES; (III) PARTS CARRIER TRAYS FOR SLIDER ARMS USED IN COMPUTER HARD DISK DRIVES, IT BEING UNDERSTOOD AND ACKNOWLEDGED THAT HYPERION HAS GRANTED EXCLUSIVE RIGHTS FOR ALL SUCH APPLICATIONS AND USES TO A THIRD PARTY; OR (IV) ANY USE INVOLVING PROLONGED CONTACT WITH ANY PART OF THE HUMAN BODY AND/OR ANY INTERNAL OR SUBDERMAL HUMAN TISSUE OF FLUID [THE RESTRICTIONS IN (I), (II), (III) AND (IV) COLLECTIVELY REFERRED TO AS “PROHIBITED USES”]. ALL OF THE PROHIBITED USES ARE EXPRESSLY PRECLUDED AND CUSTOMERS SHALL USE ALL BEST EFFORTS TO RESTRICT ANY FURTHER PURCHASER FROM ANY OF THE PROHIBITED USES INCLUDING THROUGH THE USE OF RESTRICTIONS IN QUOTATIONS AND AGREEMENTS AND LITIGATION IF NECESSARY. CUSTOMERS AGREE THAT IT SHALL INDEMNIFY, PROTECT AND HOLD HARMLESS HYPERION FROM ANY AND ALL CLAIM AND LIABILITY ARISING OUT OF ANY PROHIBITED USE BY CUSTOMER OR ITS CUSTOMERS.
Enforcement of Terms and Conditions
These terms and conditions are governed and interpreted pursuant to the laws of the State of Massachusetts, United States of America, notwithstanding any principles of conflicts of law. All disputes arising out of or relating to these terms and conditions shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all controversies, claims or disputes shall be submitted to binding arbitration in the English language in Washington, D.C. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonably attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Hyperion shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
If any part of these terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Hyperion may, at its sole discretion and without notice, revise these terms any time by updating this posting.
This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Hyperion.
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