PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, VISITING OR USING THIS WEB SITE, YOU, PERSONALLY AND ON BEHALF OF THE LEGAL ENTITY OF WHICH YOU ARE A REPRESENTATIVE, AN AGENT OR AN EMPLOYEE WHEN ACTING IN SUCH CAPACITY, AGREE TO BE BOUND BY THESE TERMS AND YOU REPRESENT AND WARRANT THAT YOU ARE DULY AUTHORISED TO BE SO BOUND. THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ARE THEREFORE ADVISED TO READ THESE TERMS OF USE REGULARLY. YOUR CONTINUED ACCESS AND USE OF THIS WEB SITE AFTER CHANGES TO THE PROVISIONS ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH PROVISIONS AS AMENDED. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT ACCESS, VISIT NOR MAKE ANY USE OF THIS WEB SITE OR THE INFORMATION OR MATERIALS INCLUDED THEREIN.
1. Definition and general access rules
Rhinostics, Inc. (“Rhinostics”) authorizes you to view and download the materials at this website (“Site”) solely for non-commercial use within your organization to acquire, use, and support Agilent products and services, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are the intellectual property and copyrighted works of Rhinostics or a third party provider and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. Rhinostics does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. All rights, title and interest not expressly granted with respect to the Site and materials are reserved. If you breach these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. Additional terms and conditions may apply to your use of forums and additional services available through this Site. Such terms and conditions are available for your review and acceptance before your use of such forum or additional service.
You may not access, scrape, search, crawl or otherwise attempt to use or extract data from this Site in any manner other than as expressly permitted by these Terms. You may only access and use this Site by manual request and not programmatically by macro, robot, or other automated means, and you may not, directly or indirectly, (i) modify, copy, distribute (including via electronic mail), transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content, information, data, products or services obtained from this Site, (ii) access or use this Site through, or in connection with, any software product other than through customary Web browsers, (iii) use any software tools, procedures or instructions, manual or technical process, or other technologies, to monitor or access content or data available on this Site, (iv) otherwise “meta-search” this Site or send, or cause to be sent, any automated queries of any sort to this Site, (v) use any device, hardware or software to bypass any security system on this Site, (vi) use this Site in any manner that could damage, disable, overburden or impair this Site, or (vii) attempt to gain unauthorized access to this Site, other accounts, computer systems or networks connected to or associated with this Site.
By accessing and using this Site, you accept and agree to all of the terms and conditions (“Provisions”) set forth below and all applicable international, national, federal, state and local laws and regulations. If you do not agree to these Terms of Use, please do not use this Site. Rhinostics reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address or user to the Site.
Unless otherwise expressly provided, materials or information (“Materials”) offered on this Site do not constitute an offer or solicitation to conduct business in any jurisdiction. Persons accessing, visiting or using this Web Site must satisfy themselves that the laws of their country allow them to access the information or must refrain from accessing, visiting and/or using the Site accordingly.
2. No warranties and limitation of liability
Not all products and services are available in all geographical areas. Your eligibility to receive any product or service may be subject to approval by Rhinostics.
While Rhinostics makes reasonable efforts to provide accurate and timely Materials contained in this Site, Rhinostics makes no warranties or representations as to the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the Materials included or referred to in this Site or the reliability of its sources. There may or may not be technical inaccuracies or typographical errors contained in this Site, and Rhinostics will correct such items at its sole discretion as they are discovered. Rhinostics has no liability and assumes no responsibility or liability, on whatever basis, for any errors or omissions in the content on this Site, except when the damages were caused intentionally or due to gross negligence of Rhinostics.
Your use and access of the Site is at your own risk. Rhinostics and any other party, or their directors, employees or agents, involved in creating, producing, or delivering the Site will NOT be liable, on whatever basis, for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to, visit of or use of the Site, even if Rhinostics was advised of the possibility of such damages, and whether arising in tort (including negligence), contract or otherwise. Nothing in these Terms of Use shall exclude or limit Rhinostics’ liability for fraud or for any death or personal injury caused by any negligence caused on the part of Rhinostics or for loss or damages caused intentionally or due to gross negligence of Rhinostics. There is no warranty that your access to or use of this Site will be uninterrupted or error free, or that any particular results may be obtained by use of this Site.
Without limiting the foregoing, you recognize that use and access of this Site is without warranty of any kind, and any Materials on this Site are provided “as is”. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RHINOSTICS EXPRESSLY EXCLUDES ALL REPRESENTATIONS, LIABILITIES, WARRANTIES, CONDITIONS AND OTHER TERMS, EXPRESS OR IMPLIED, OF ANY KIND (INCLUDING BUT NOT LIMITED TO ANY CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR PURPOSE AND THE USE OF REASONABLE SKILL AND CARE) WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS OF USE, WHETHER BY STATUTE, LAW OR OTHERWISE.
Rhinostics also assumes no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Site or your downloading of any Materials, images, content, data, video or audio files, from the Site or any web sites linked to or from this Site.
3. Intellectual property rights
The Materials contained in this Site are protected by Intellectual Property Rights (“IPRs”), which are claimed by Rhinostics, its affiliated entities or third parties. IPRs include, but are not limited to, any of Rhinostics’, its affiliates or third parties patents, trademarks, trade names, inventions, copyrights, (registered and unregistered) design rights, databases, or know how and any other intellectual property relating to the Site and the Materials.The Materials may not be used (except as provided in these Provisions or in the text on the Site) without the prior written permission of Rhinostics, its affiliated entities or the third party owner. Nothing contained on the Site should be construed as granting you, your agents or employees any license or written permission to use the Materials or IPRs. Subject to the paragraph “Export Controls”, you may, however, download Materials for non-commercial, personal use only, provided you also retain and do not alter any copyright and other proprietary rights notices contained on the Materials. Rhinostics does not authorize you to distribute, modify, transmit, reuse, report, decompile, reverse engineer or use the Materials and other contents of the Web Site for public or commercial purposes, including the text, images, audio and video. Your unauthorized use of any IPRs, Materials or any other content on the Site is strictly prohibited.
Rhinostics does not warrant or represent that your use of content or Materials contained in or displayed on this Site will not infringe intellectual property or other rights of third parties not owned by or affiliated with Rhinostics.
Please be aware and advised that Rhinostics will aggressively enforce its IPRs to the fullest extent of the applicable law, including, where applicable, the seeking of criminal prosecution.
4. Export control
The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this Site may be downloaded or otherwise exported in violation of these laws.
5. Linked Web sites
This Site also contains links to web sites published by third parties. Links to this Site may also be included on third party web sites. Rhinostics has not reviewed all of the web sites linked to or from the Site and is neither responsible nor liable for the contents of any off-Site pages or any other non-Rhinostics web sites linked to or from the Site. Rhinostics provides or allows such links as a convenience and does not endorse the companies or contents of any linked sites. By creating a link to a third party web site or by being a target of a link from a third party web site, Rhinostics does not endorse or recommend any products or services offered on that third party web site nor does Rhinostics identify with the content of such web sites. Neither does Rhinostics express any implied or explicit appreciation as to the accuracy and / or reliability of the information to be found, directly or indirectly, on any third party web site or as to the reliability and / or honorableness of any third party. Your linking to or from any other off-Site pages or other web sites is at your own risk.
If you are of the opinion that a linked web site does contain any unlawful or illegal content, please contact Rhinostics via our “Get In Touch” form on the Site.
6. Unauthorized access or modification
Access to and use of password protected and/or secure information areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Site may be subject to prosecution in addition to any other remedy available to Rhinostics at law or equity, including the suspension or termination of access to this Site. You, personally, may not, nor shall you assist others to, add, alter, substitute, amend or frame in whole or in part any information displayed by Rhinostics on the Site or any functions performed by the Site.
You may set up links from other web sites to this Site provided you comply with all applicable laws and the linking website does not (1) replicate Rhinostics content; (2) create a browser or border environment around Rhinostics content; (3) imply that Rhinostics is endorsing it or its products; (4) misrepresent its relationship with Rhinostics; (5) present false information about Rhinostics products or services; (6) use the Rhinostics logo without permission from Rhinostics; and (7) contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age groups.
7. Termination and indemnification
You agree that Rhinostics may terminate your access to and use of the Site at any time, without prior notice, if it considers you to have violated any of these Provisions or any applicable law or regulation. You agree to indemnify, defend and hold harmless Rhinostics, its officers, directors, employees, agents, contractors, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Provisions or Rhinostics’ termination of your access to or use of this Site. Termination will not affect either party’s rights or obligations, which accrued before the termination.
8. Severability and changes
In the event any of the Provisions would be held to be unenforceable, the remaining Provisions shall remain in full force and effect and the unenforceable Provision shall be replaced by such enforceable Provision as comes closest to the intention underlying the unenforceable Provision.
9. Miscellaneous
Rhinostics’ failure to insist upon or enforce strict performance of any Provision herein shall not be construed as a waiver of any Provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any Provision herein. Rhinostics may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
10. Governing law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Massachusetts, United States of America. Any legal action concerning these Terms of Use or this Site must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Massachusetts, without prejudice to Rhinostics’ or the Site user’s right to bring suit before a court of competent jurisdiction.