Legal Notices, Terms of Use and Privacy Statement
Use of this site constitutes the recipient's agreement to these terms,
conditions and restrictions.
EMD CHEMICALS Inc. TERMS OF USE
WELCOME TO THIS WEBSITE. EMD CHEMICALS OFFERS THIS SITE TO YOU SUBJECT
TO THE FOLLOWING TERMS AND CONDITIONS ("Terms"). USE OF THIS SITE BY YOU
SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW.
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT WEB ADMINISTRATION
AT EMDINFO@EMDCHEMICALS.COM.
Limited License to Use Site. EMD Chemicals or third parties granting
rights to EMD Chemicals hold all right, title, and interest in and to the
materials on this Site, which are the copyrighted work of EMD Chemicals or
such third parties. Subject to these terms, conditions and restrictions,
EMD Chemicals, Inc. ("EMD Chemicals") grant to each user of this site a
non-exclusive, non-transferable, limited right to access, use and display
this site and the information presented on this site. No user shall attempt
to interfere with the operation of this site in any way. For purposes of
these terms, conditions and restrictions, other communication media employed
in conjunction with use of this site, including telephone and video
augmentation, shall be deemed to be part of this site and the information
provided in such other communication media shall be deemed to be information
presented on this site. This site is not intended for use by any natural person
under eighteen years of age and no license to use the site is granted to such
persons.
Our Commitment To Children's Privacy: Protecting the privacy of the very young is especially important.
For that reason, we never collect or maintain information at our website from those we actually know are under 13, and
no part of our website is structured to attract anyone under 13.
Except as stated herein, you have no right to copy, download, display, perform,
reproduce, distribute, modify, edit, alter or enhance any of the materials in
any manner. This limited license terminates automatically, without notice to
you, if you breach any of these Terms. Upon termination, you must immediately
destroy any downloaded and printed materials. You have no right, title or
interest (and no copyright, trademark or other intellectual property right)
in or to the Site or any materials and you agree not to "frame" or "mirror"
the Site, any material contained on or accessible from this Site on any other
server or Internet-based device without the advanced written authorization of
EMD Chemicals.
EMD Chemicals does not routinely monitor your postings to the Site but reserves
the right to do so. However, in our efforts to promote good citizenship within
the Internet community, if EMD Chemicals becomes aware of inappropriate use of
the Site or any of its Services, EMD Chemicals will respond in any way that,
in its sole discretion, EMD Chemicals deems appropriate. You acknowledge that
EMD Chemicals will have the right to report to law enforcement authorities any
actions that may be considered illegal, as well as any reports it receives of
such conduct. When requested, EMD Chemicals will cooperate fully with law
enforcement agencies in any investigation of alleged illegal activity on the
Internet.
Nature of the Information. The information and functionality contained in this
site has been provided as a convenience and, in some cases, is provided by
outside sources. This site has been supplied upon the condition that you will
make your own determination as to the suitability of information contained in
this site before use and that you have the proper qualifications or expertise
to properly evaluate and use that information. Although EMD Chemicals attempt
to make all information accurate at the time it is posted to the site,
EMD Chemicals cannot guarantee or warrant completeness or accuracy, or that
information will be updated. EMD Chemicals make no representation that the
information contained on the site is appropriate or available for use in all
countries, and access to information from places where the site's contents
are illegal is prohibited. EMD Chemicals may, in our sole discretion and at
any time, change site content or these terms, conditions and restrictions,
or modify or discontinue this site or specific portions of it, without notice.
Subsequent re-use of this site shall be deemed an agreement to any previously
revised terms, conditions and restrictions.
Product Safety Information. EMD Chemicals maintain material safety
data sheets (MSDSs) on all of their respective chemical products. You
are urged to obtain copies of the relevant MSDSs before using these products
to enhance the protection of your employees and customers against any
known health or safety hazards described in those MSDSs. EMD Chemicals
strive to make safety a top priority. Therefore, do not hesitate to contact
us to discuss any safety aspects of these products. Certain areas of this
site have been designed to provide online safety or process training or
advice. In all cases, such training or advice is based only on the specific
factual information provided to us; the scope of our training or advice
is limited to the scope of coverage and limiting assumptions and premises
identified in our response. The statements contained herein are based
upon technical data that EMD Chemicals believes to be reliable, are offered
for informational purposes only and as a guide to the appropriate precautionary
and emergency handling of the material by a properly trained person having
the necessary technical skills. Users should consider these data only
as a supplement to other information gathered by them and must make independent
determinations of suitability and completeness of information from all
sources to assure proper use, storage and disposal of these materials
and the safety and health of employees and customers and the protection
of the environment. EMD CHEMICALS MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS
FOR A PARTICULAR USE, WITH RESPECT TO THE INFORMATION HEREIN OR THE PRODUCT
TO WHICH THE INFORMATION REFERS.
Governing Law and Venue. Any action related to these Terms will be
governed by the law of the State of New York, without regard to the choice
or conflicts of law provisions of any jurisdiction. You agree to submit to
the jurisdiction of the courts located in the State of New York, for the
resolution of all disputes arising from or related to these Terms and/or your
use of the Site.
The venue shall be the Southern District of New York or any other court of
competent jurisdiction within the State of New York.
Jurisdictional Issues. The existence of this site and the ability to
request information or request or order products through the site is not an
offer to sell or solicit or do business in those countries or jurisdictions
in which EMD Chemicals is not permitted by law to do business or in which
EMD Chemicals does not already conduct business. Neither the existence of
this site nor the accessibility of content of this site is intended to
establish any new or additional jurisdictional or tax contacts or relationships
for or between EMD Chemicals within any country or jurisdiction in which
EMD Chemicals does not already conduct business. You are responsible for
compliance with all local laws applicable to you with respect to the content
and operation of this site.
Online Product Orders. Nothing contained in this site shall constitute
an offer by EMD Chemicals to buy or sell products or services. No agreement
to buy or sell products or services shall be formed by means of the use of
this site until an order is placed by a user and then accepted by EMD Chemicals
in the manner described in the specific ordering information provided with the
online product or service descriptions. Once an agreement has been formed,
the terms and conditions of the agreement shall be the terms and conditions
of EMD Chemicals governing the purchase or sale, as the case may be, presented
on-line at the time of order. All product requests or orders are subject to
prevailing law, including, as appropriate, export and import regulations and
boycotting restrictions, if any, imposed by governing bodies having jurisdiction
over such product requests or orders.
BBB OnLine Privacy Program
EMD respects your privacy. Through its worldwide brands of EMD Chemicals and its affiliation with Merck KGaA, Darmstadt, Germany, one of the largest worldwide manufacturer/distributors of life science products, we are part of a team that has provided over 40 years of service to the life science industry.
In accordance with the European Commission Directive, EMD certifies that our Privacy Policy is developed according to Safe Harbor guidelines and actively certifies to the U.S. Department of Commerce to our adherence to the Safe Harbor’s requirements. By participating in the Council of Better Business Bureau’s BBBOnLineF Privacy Program, we have made a commitment to meet the programs strict requirements regarding how we treat your information and have it verified by BBBOnLine®. Further information about this program is available at
http://www.bbbonline.org. Our Privacy Policy is applicable and enforced for all EMD affiliated web-sites that include the following: www.oncresprod.com, www.cnbi.com, www.novagen.com, www.apoptosis.com, www.calbiochem.com, www.novabiochem.com, www.cnbiosciences.co.uk, www.calbiochem-novabiochem.de, www.emdbiosciences.com, www.merckbiosciences.co.uk, www.merckbiosciences.de, www.merckbiosciences.ch and www.emdchemicals.com
Links
EMD has links to other Web sites. Please note that when you click on one of these links, you are ‘clicking’ to another Web site. We encourage you to read the privacy statements of these linked sites, as their privacy policies may differ from ours. This includes the link to Merck KGaA, Darmstadt, Germany as they have a separate operating Privacy Policy from EMD.
Notice
In order to process and fulfill your order and to notify you regarding your order status, we do need to know your name, street address, phone number, Zip/Postal Code, state/county and country, email address, credit card and/or purchase order information, resale tax and VAT (Value Added Tax) information. This policy is intended to help clarify how we use this information. We will use the name and email address to manage registrations. Once you place an online order with us, an order confirmation email including your name, address, phone number and email address, but not your credit card number, is sent to you. EMD does not share, sell, rent, or loan your personal information to any third party. Any personally identifiable information you provide to us is held with the utmost care.
Use of Data
We may, however, share aggregate sales, traffic patterns and customer statistics within our divisions, but these statistics will not include personally identifiable information. Information that is collected such as name, address and email address will be used to provide notices of marketing materials containing new products, pricing and technical resources. At the time that you register or make a purchase, you will be given an opportunity to opt out of receiving any marketing notices via email. If you do not choose to initially opt out, you may still block future emails by following the instructions within My Account. Separately, order confirmations and order status updates, along with any emailed information you request from our site will always be sent to you regardless of your opt out status.
The privacy of our customers is a high priority for EMD. If you have any concerns that are not addressed in these pages, feel free to contact us.
Feedback
We collect user feedback. Users who would like a response to specific questions concerning the service or their account registration are directed to the customer service area, see contact us. These questions will be responded to as quickly as possible. We read all of our customer service queries and use the information contained therein only to resolve the question at hand. We also, periodically, post surveys on our site. These surveys are optional and all information is collected anonymously. The information is collected to better understand our users’ needs. This information will not be sold or transferred to any third party.
Choice
If for any reason you choose not to enter personally identifiable information to include credit card information, your order can still be placed with any one of our customer service centers via contact us. We assure you however that no personally identifiable information will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by you.
Onward Transfer
EMD utilizes a worldwide distribution network to offer the best possible service to our worldwide customer base. We do not reveal your name, address, email address or product ordered, except to complete transactions. Credit card information will not be provided. EMD will not disclose information to a third party, unless we have your permission. When permission is granted, EMD will only provide any information to a third party for the purpose stated here, and will insure the third party also subscribes to the safe harbor principles or is subject to the Directive or another adequacy finding.
Access
You can access personal information contained in the User Profile section via your Login and Password. This information may be corrected, amended or deleted where it is inaccurate. You can make these changes by logging in and then clicking on the My Account button.
Security
EMD stores, processes, maintains and protects customer information. Any personally identifiable information you provide to us is held with the utmost care. Secured data is available only to an employee of the company that requires access to such information through strict business procedures and processes for which the information is intended. EMD Web sites are regularly tested for security breaches to ensure that all information collected is secure from unauthorized viewing.
Data Integrity
The name, street address, phone number, Zip/Postal Code, state/county and country, email address, credit card information, resale tax and VAT information collected are used solely for the purpose of processing your online order. You may also place your online order using a purchase order number, or by contacting any one of our customer service centers. All information is secured data and can readily be updated by you via changes made in the My Account button.
Cookies
Cookies are a very useful web tool for allowing customers to be recognized as repeat customers and can take the drudgery out of online shopping. We use cookies only to store your login id. This is primarily done for your convenience; we do not store any personally identifiable information such as your credit card number in a cookie. Again, we respect your privacy and use cookies only to provide you with a better experience on our web site. You can always add or remove the cookie yourself by logging in and going to My Account button. If our policy regarding cookies changes, we will post those changes on this page and notify you via email so that you will always be aware of how we respect your privacy.
Navigation Habits
In the course of using our site, we automatically track certain information about your site usage. This information may include the URL you just came from and which URL you go to next (even if those URLs are not on our site), your IP address, the type of browser you are using, and your navigation path through our site. As this capability is often built into standard web server software, many web sites collect this information automatically. We use this information to help us fine-tune our web presentation to suit our users’ navigation patterns. This navigation information is not linked to any individual users’ personal information.
Log Files
EMD maintains log files of the traffic that visits our site. We do not link any information gathered in these log files to personally identifying information. Log files are used to manage traffic loads and information technology requirements for providing reliable service. Information collected includes IP addresses and browser types.
SSL Encryption
EMD uses Secured Socket Layer (SSL) during credit card data transmission. The connection is reliable and private.
Enforcement
EMD under self-assessment enforces the principles of which this Privacy Policy is intended. Anyone, who feels EMD has not fulfilled its obligations under this policy, may do so in writing either by email or in written form. All complaints and disputes will be received, investigated and responded to within 24 business hours. The ability to enforce the policy as described above has been verified through ongoing appropriate employee training and internal procedures to include periodic internal audits and self-assessment. To resolve any disputes, EMD will utilize the independent services of BBBOnLine to remedy such disputes. To maintain the importance of the privacy of our customers, any substantive change in this privacy policy will be posted on this page and customers will be notified via email so that you will always be aware of how we respect your privacy.
Original Effective Date: July, 2001
Revision 1 Date: December, 2002
Revision 2 Date: March, 2004
Revision 3 Date: July, 2004
Revision 4 Date: August, 2005
Revision 5 Date: August, 2007
Disclaimer of Warranties Your use of this Site is at your own risk.
This Site may include inaccuracies or errors that may affect the quality
of the materials on the Site. The materials have not been independently
verified or authenticated in whole or in part by EMD Chemicals. EMD Chemicals
does not warrant the accuracy or timeliness of the materials. EMD Chemicals
has no liability for any errors or omissions in the materials, whether provided
by EMD Chemicals or third parties.
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY
WARRANTY. EMD CHEMICALS, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS,
SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES
IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY,
SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION,
PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS
AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. EMD CHEMICALS
WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND,
INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT
NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN
IF EMD CHEMICALS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN UNION, EMD
CHEMICALS DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY
RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors. The descriptions, pictures and other
representations of products on this site may contain inaccuracies and errors.
EMD Chemicals does not make any warranty or representation with respect to
the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site may
change without notice to you at any time at EMD Chemical's sole discretion.
EMD Chemicals shall have the right to refuse or cancel any orders placed
for product listed at incorrect price. EMD Chemicals shall have the right
to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, EMD Chemicals
shall promptly issue a credit to your credit card account in the amount
of the charge.
Export Restrictions. This site is maintained and operated by EMD Chemicals
from its offices within the United States. We make no representation that
the information or other materials accessed through this site are appropriate
or available for use in other locations, and access to them from other countries
where their contents are illegal is prohibited. Those who choose to access the
information or the site from other locations do so on their own volition and
are responsible for compliance with applicable local laws. You may not export
or re-export any information or products received hereunder except in full
compliance with all United States laws and regulations. In particular, the
information or products may not be exported or re-exported into (or to a
national or resident of) any country to which the United States embargoes
goods, or to anyone on the U.S. Treasury Department's list of Specially
Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.
In addition, you are responsible for complying with any local laws in your
country, which may impact your right to import, export or use the information
or products.
Bulletin Boards. This site may contain chat rooms or bulletin boards
for the convenience of users of this site and EMD Chemicals. EMD Chemicals
does not control the materials or information placed in these media. No
user shall: (i) interfere with another user's use of such media on this
site; (ii) post unlawful, obscene, threatening, libelous, defamatory,
scandalous, inflammatory, pornographic, profane, or indecent material
or any material that could constitute or encourage conduct that would
be considered a criminal offense, give rise to civil liability, or otherwise
violate any law; (iii) post material infringing upon any copyright, trademark
or similar proprietary material; (iv) violate the privacy or publicity
rights of others; (v) post material containing viruses or other harmful
elements; or (vi) post material for commercial or advertising purposes.
EMD Chemicals may, from time to time, monitor or review discussions, chats
or postings in the chat rooms or on bulletin boards. However, EMD Chemicals
is under no obligation to do so and assumes no responsibility or liability
arising from the content of any such discussions, chats or postings or
for any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger or inaccuracy contained in any such discussions,
chats or postings. EMD Chemicals reserves the right to disclose any information:
(x) required to satisfy legal or governmental requirements; (y) in cooperation
with any law enforcement authorities or court order; or (z) if it has
a good faith belief that such disclosure is reasonably necessary to protect
the rights, property or personal safety of EMD Chemicals, its employees
or customers or the public. EMD Chemicals reserves the right to remove
or deny the posting of any material that EMD Chemicals deems objectionable in its sole judgment. EMD Chemicals may prosecute improper tampering with
or use of this site to the full extent of the law.
Proprietary Information. EMD Chemicals owns the copyright for all of
the material on this site or has a valid right from a third party to use
material on this site. Trademarks and trade names belonging to EMD Chemicals
are protected under the laws of various jurisdictions and have been registered
in various countries where registration is legally required or considered
to be beneficial. No part of this site may be copied, reproduced, republished,
uploaded, posted, transmitted or distributed in any way, except that you may
download one copy of the materials on any single computer for your personal,
non-commercial home use only, provided you keep intact all copyright,
trademark and other proprietary notices on the materials. Any modification
of the materials or use of the materials for any other purpose is a violation
of copyright and other proprietary rights of EMD Chemicals. The use of any
such material on any other site or computer network without the prior written
consent of EMD Chemicals, as applicable, is prohibited. Permission to link to
our information will not be granted to a site that frames or otherwise presents
our information in a manner that does not attribute such information to us.
Your use of the trademarks, service marks and trade names on this site in any
manner other than as authorized in these terms, conditions and restrictions,
or as authorized in writing by EMD Chemicals, is strictly prohibited.
Presentation of information in this site is not intended to confer any
proprietary or other rights in our trademarks, trade names, copyrights,
patents or other proprietary rights or information nor is it intended to
infringe patent rights or other intellectual property rights held by others.
Linking to other sites does not imply that EMD Chemicals or the linked site
has any legal authorization to any trademark, trade name, logo or copyright
of the other.
Digital Signatures; Electronic Signatures; Notices. This site does not
accept notices sent by electronic means, and no digital or electronic sound,
video, action, or signature implemented through this site shall bind
EMD Chemicals, unless (i) prior written arrangements have been made by our
duly authorized officers or their appointed representatives or (ii) with
respect to a particular portion of our site, such portion invites electronic
contracting in a specific manner, in which case electronic action in such
manner shall bind us and you as a user on the terms and conditions provided.
Clicking on "I submit" or "I agree" or "I accept" buttons on this site are
intended as a binding electronic acceptance whose contract provisions are
those terms and conditions provided online. Similarly, use of this site
constitutes the user's binding agreement to these terms, conditions and
restrictions and our binding agreement to provide the information on this
site on that basis.
Terms of Use Revisions. EMD Chemicals may revise these Terms at any
time without notice by updating this posting. Your continued use of the
Site after such modifications have been made will constitute your acceptance
of such revised Terms.
Unauthorized Activities. Submissions and unauthorized use of any materials
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, certain communications statutes and regulations and other
applicable laws and regulations. You alone are responsible for your actions or
the actions of any person using your user name and/or password. As such, you
shall indemnify and hold EMD Chemicals and its officers, directors, employees,
affiliates, agents, licensors, and business partners harmless from and against
any and all costs, damages, liabilities, and expenses (including attorneys'
fees) incurred in relation to, arising from, or for the purpose of avoiding,
any claim or demand from a third party that your use of the Site or the use
of the Site by any person using your user name and/or password (including
without limitation your participation in the posting areas or your Submissions)
violates any applicable law or regulation, or the rights of any third party.
PRIVACY AND SECURITY
The privacy and the security of your information is important to us.
EMD Chemicals takes care to ensure that the online data profiles that
you create and submit to us on this site are used by us to fulfill our
internal purposes in serving you as a customer. EMD Chemicals will maintain
the security of your information, and protect the integrity of such information,
with a commercially reasonable degree of care. Our site's security measures
are intended to protect the loss, misuse or alteration of information under
our control. These measures may not fully protect such information in all cases,
therefore you should exercise care in using this site.
Unless EMD Chemicals are required to do so by law, EMD Chemicals will not reveal
to any party your online profile that you submitted to us. EMD Chemicals
will not sell your individual online profile. EMD Chemicals will not publicize
your online profile or any materials or other information specific to your
identity submitted by you to us online, unless: (i) EMD Chemicals first
receive your permission; (ii) EMD Chemicals notify you before EMD Chemicals
collect your online profile, materials or other information that such could
be published, sold or traded; (iii) required by law; (iv) EMD Chemicals feel
it is necessary in order to protect the integrity or security of our site;
or (v) you have violated our site terms, conditions and restrictions and EMD
Chemicals feel it is necessary to protect our business or is in the interest
of an individual's personal safety. You have the right upon request to view
and verify the contents of your online profile. Please email us at
emdinfo@emdchemicals.com
or send your request to EMD Chemicals Inc. Attn: Marketing Communications 480 S. Democrat Road Gibbstown, NJ 08027
or call us at 1-800-222-0342.
Periodically, EMD Chemicals create statistical reports that include aggregate
data regarding our customers. These reports may also include information on
sales, traffic patterns, and similar site related information. The amount of
information EMD Chemicals gather from you may depend on the settings you have
on your browser; please refer to your browser to learn what information it
sends. Our reports are used for various purposes, including improving our site.
Aggregate data may be shared with external parties, such as industry trade
associations, marketing organizations, or organizations providing actuarial,
research study or similar services. However, no information by which any
individual customer could be identified is part of the aggregate data that
is shared.
Some of the applications on this site require either pre-qualification or
registration with us before access is granted. Once access is granted, you
will be issued a username and password. You should safeguard your password
carefully and make it available only to those persons whom you authorize as
your agent. You may not otherwise sell, resell, assign or transfer your access
rights. It is our policy to grant access to anyone using your password in
conjunction with your username and to treat anyone using your username and
password as your agent for all purposes. You should notify us immediately
of any unauthorized use of such password.
For your convenience, this site may contain links to other websites. EMD
Chemicals can make no promises or guarantees regarding the privacy policies
of other websites or the data collection practices of such websites. EMD
Chemicals recommend that you read the privacy policy for each website you
visit.
This privacy and security statement is subject to our Web Site Terms and
Conditions.
Last updated - March 16, 2006
The information on this site is copyrighted.
EMD Chemicals Inc. World Wide Web Site
© 2006 EMD Chemicals Inc. All rights reserved.
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