Welcome to MSDSWRITER.COM. MSDSWRITER.COM supports freedom of speech, both on and off the Internet. The goal of this web site is to provide access to the widest selection of MSDS to the largest group of people possible. However, to insure a safe, non-offensive environment for all of our users, we have established our Terms & Conditions. It spells out what you can expect from this website and what we expect from you. By accessing any areas of MSDSWRITER.COM, users ("User(s)") agree to be legally bound and to abide by the terms set forth below. MSDSWRITER.COM is owned and operated by MSDS Writer, LLC. Any references herein to MSDSWRITER.COM shall be deemed to refer to MSDS Writer, LLC.
I. TRADEMARKS
MSDSWRITER.COM, is a service mark of MSDSWRITER, LLC. All rights reserved. These and other MSDSWRITER.COM text, graphics, logos and service selection and arrangement marks and trademarks of MSDSWRITER.COM and its affiliates may not be used without prior written consent of MSDSWRITER.COM or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on MSDSWRITER.COM are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of MSDSWRITER.COM is at User's sole risk. Neither MSDSWRITER.COM, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that MSDSWRITER.COM will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of MSDSWRITER.COM, or as to the accuracy, reliability, or timeliness of any information content, service, or merchandise provided through MSDSWRITER.COM.
THIS SITE IS PROVIDED BY MSDSWRITER.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSDSWRITER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MSDSWRITER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MSDSWRITER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MSDSWRITER.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall MSDSWRITER.COM or any other party involved in creating, producing, or distributing MSDSWRITER.COM be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use MSDSWRITER.COM, including but not limited to reliance by a User on any information obtained from MSDSWRITER.COM or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to MSDSWRITER.COM's records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, MSDS's, and services available through MSDSWRITER.COM. Because some states or provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states and provinces liability is limited to the fullest extent permitted by law.
III. CONTENT
a. PROPRIETARY RIGHTS
User acknowledges that MSDSWRITER.COM contains information, data, software, text, photographs, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. User shall not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III a. above, User may upload to or otherwise distribute on MSDSWRITER.COM only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which MSDSWRITER.COM has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted MSDSWRITER.COM the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content.
c. THIRD-PARTY CONTENT
In many instances, the Content available through MSDSWRITER.COM represents the information supplied by the User. MSDSWRITER.COM neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made to MSDSWRITER.COM by anyone other than authorized MSDSWRITER.COM employees. Under no circumstances shall MSDSWRITER.COM, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through MSDSWRITER.COM. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through MSDSWRITER.COM.
IV. ONLINE CONDUCT
User agrees to use MSDSWRITER.COM only for lawful purposes.
V. PRIVACY POLICY
In accordance with the terms of MSDSWRITER.COM's Privacy Policy, http://www.msdswriter.com, MSDSWRITER.COM respects the privacy of its Users.
VI. CHANGES
All content contained herein is subject to change without notice. MSDSWRITER.COM reserves the right to change or modify the terms and conditions applicable to the use of this site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the site. Any use of the site after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. MSDSWRITER.COM may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. MSDSWRITER.COM may also impose limits on certain features and services or restrict your access to parts of the site without notice or liability.
VII. APPLICABLE LAW
This site is created and controlled by MSDSWRITER.COM in the State of Illinois. As such, the laws of the State of Illinois will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. MSDSWRITER.COM reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. Users consent to the personal jurisdiction of any Federal Court in the State of Illinois or any State Court located in Cook County, Illinois, with respect to any legal action commenced hereunder and to the fullest extent allowed by law, Users hereby waive any objection to the venue of such Courts or the convenience of said forums. Users agree that service of process by certified mail, return receipt requested, shall be deemed the equivalent of personal service in any such action. Nothing contained herein is intended to preclude MSDSWRITER.COM from commencing any action hereunder in any court having jurisdiction. To the extent permitted by law, Users waive their right to trial by jury in any action commenced hereunder.
VIII. TERMINATION OF USAGE
MSDSWRITER.COM may terminate User's access, or suspend any User's access to all or part of MSDSWRITER.COM, without notice, for any conduct that MSDSWRITER.COM, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or MSDSWRITER.COM.
IX. SEVERANCE
The provisions of these Terms of Use are intended to sever. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between you and MSDSWRITER.COM regarding your relationship with MSDSWRITER.COM and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the MSDSWRITER.COM web site. The aforementioned Terms of Use are subject to change.
X. INTERNATIONAL USERS AND JURISDICTION
This site is maintained, located, and controlled by MSDSWRITER.COM in the United States of America. MSDSWRITER.COM makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to this site from territories where this site's contents are illegal is prohibited. If you access this site from locations outside the United States of America, you are responsible for compliance with all local laws.
XI. CONFLICTS
These Terms and Conditions govern conduct, expectations, rules, regulations and representations and warranties as related to the MSDSWRITER.COM website and its use. As such, any conflicts between these Terms and Conditions and any other agreement with MSDSWRITER, LLC shall be judged in favor of these Terms and Conditions to the extent said conflict pertains to the MSDSWRITER.COM website and its use. The above notwithstanding, any conflict between these Terms and Conditions and any written Service Agreement between MSDSWRITER, LLC and a User regarding the services provided by MSDSWRITER, LLC shall be judged in favor of the Service Agreement to the extent said conflict pertains to the services of MSDSWRITER, LLC.