ChemPoint.com Inc. and its affiliates (“ChemPoint”) own this website (the “Site”) and offer a variety of features on the website (“ChemPoint Services”). We offer the ChemPoint Services exclusively in accordance with the policies set forth below (“Terms of Use”), and by accessing the Site and using the ChemPoint Services, you agree to be bound by these Terms of Use. Please note that ChemPoint reserves the right to change these Terms of Use by posting revised versions of the following provisions at any time.
1. Privacy
Your privacy is very important to us. Please review our Privacy Notice, which also governs your use of ChemPoint Services.
2. Electronic interaction agreement
You agree that ChemPoint may interact with you electronically for all aspects of your use of the Site, including the provision of electronic notices and other disclosures. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. However, the delivery of electronic notices is not infallible; therefore, if you have any questions or require information regarding the Site or a transaction, please contact ChemPoint. Except where prohibited by law, Buyer waives any law that requires different methods of communication in connection with ChemPoint Services.
3. License to use the Site
Subject to your compliance with these Terms of Use, ChemPoint grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the ChemPoint Services for your personal, non-commercial use. This license does not extend to any resale or commercial use of any ChemPoint Service or its contents; the collection and use of any product listings, descriptions, or prices; any derivative use of any ChemPoint Service or its contents; any downloading or copying of account information for the benefit of another commercial activity; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Website Terms of Use are reserved and retained by ChemPoint or its licensors, suppliers, publishers, rightsholders, or other content providers. ChemPoint reserves the right to suspend or deny, in its sole discretion, your access to all or any part of the Site with or without notice.
4. Orders subject to the company's consent to the terms and conditions of the purchase agreement
ChemPoint.com is a specialty chemical reseller. All orders, of any kind, are expressly and exclusively subject to your acceptance of ChemPoint's terms and conditions of sale.
5. Warranties and Disclaimer of Warranties
ChemPoint strives to be as accurate as possible. However, ChemPoint does not warrant that product descriptions or other content of the ChemPoint Service is accurate, complete, reliable, current, or error-free. This site and all information and services herein are provided "as is." ChemPoint makes no representations or warranties regarding the usability, condition, completeness, or accuracy of the information and other materials prepared or published here by ChemPoint or any third party. ChemPoint does not warrant that access to or use of this website will be uninterrupted or error-free, or that this website will meet any specific criteria of performance or quality. ChemPoint EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. STATEMENTS MADE IN FORUMS, CONFERENCES, AND CHATS REFLECT SOLELY THE VIEWS OF THEIR AUTHORS AND DO NOT NECESSARILY REFLECT THOSE OF ChemPoint. ADVICE RECEIVED IN A FORUM ON THIS WEBSITE SHOULD NOT BE RELIED UPON FOR IMPORTANT DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. YOU AGREE THAT ChemPoint SHALL NOT BE LIABLE FOR DAMAGES (INCLUDING CONSEQUENTIAL OR SPECIAL DAMAGES) ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE OR THE SOFTWARE OR SERVICES CONTAINED HEREIN, AND YOU HEREBY WAIVE ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT, OR OTHER BASIS, EVEN IF ChemPoint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR MODIFICATION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
6. Arbitration
The parties shall submit any dispute relating to the Site or these Terms of Use to arbitration in Seattle, Washington, before one arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. A party may seek interim relief from any court with jurisdiction without waiving any remedy under this Agreement. The arbitrator may not award punitive or other damages not measured by actual damages, or otherwise limit, expand, or modify the terms of this Agreement. A party may submit an award to judgment in any court with jurisdiction. The prevailing party shall be entitled to an award of reasonable attorneys' fees. This Agreement is governed by the laws of the State of Washington.
7. Effective Date; Amendments; Severability
This Agreement is effective on the date you first use the Site and will remain in effect as long as you use the Site. ChemPoint RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME BY POSTING CHANGES ONLINE. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING ALL INFORMATION POSTED ONLINE REGARDING USE POLICIES IN ORDER TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES. If any of these conditions are determined to be invalid, void, or unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining conditions.
