Terms of Use

Please read these Terms of Use carefully before using this website.

Welcome to the website for ZeptoMetrix LLC, SPEX CertiPrep LLC, NSI Lab Solutions, LLC and High Purity Standards, LLC (each, “Seller”, “we” or “our”). Seller provides this website ("Site") at its discretion, as a service to our customers. This Site provides visitors and users (“you” or “your”) with access to Seller product and service information.

The terms and conditions applicable to your use of the Site are described in the following website use terms (“Terms of Use”). By accessing or using this Site, you agree to be bound by the Terms of Use, as well as our Privacy Policy and Terms and Conditions of Sale for purchased Seller products. Seller may modify this Site at any time. Modifications to the Terms of Use will be posted on the Site, so please review the Site periodically for changes; your continued access or use of the Site shall constitute your acceptance of any such changes. If you disagree with these Terms of Use, do not access or otherwise use our Site.

Limited Use License - We hereby grant you a revocable, nontransferable, nonexclusive license to access the Site solely for your internal use for the following purposes: (a) education and related research, (b) accessing the Site’s public areas (which include bulletin boards, hosted pages, or any other public area found on the Site); and (c) making purchasing decisions with regard to products and services offered for sale on or through this Site (collectively referred to hereinafter as “Purposes”). You are responsible for providing all communication lines, telephone/transmission services, and all equipment and technology necessary for you to access and use the Site. The foregoing license has been granted to you subject to your agreement, signified by your use of this Site, to abide by Terms of Use, Terms and Conditions of Sale, as well as with any other rules, procedures, terms, and conditions that may be published or displayed from time to time on the Site by Seller.

Site Intellectual Property - The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The information displayed on or comprising this Site (the “Contents”) are only for your use with regard to the permitted Purposes, are protected by copyright, and are owned or controlled by Seller, or other third parties who are credited as the provider of certain Content. All rights reserved. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on this Site. You may print a copy of the Content and other downloadable items displayed on this Site for the permitted Purposes provided that you maintain all copyright and other notices contained in such Content. Copying, storing, or downloading of any Content, for any purpose other than the permitted Purposes is expressly prohibited without prior written permission from Seller or the copyright or intellectual property right holder identified in the individual Content copyright or intellectual property right notice. You may, however, download and store an electronic copy and/or print a copy of this Terms of Use at any time. Except as permitted above, no license or right, express or implied, is granted to any person or entity under any patent, trademark, or other proprietary right of Seller or third parties listed on the Site. No use of any Seller logo, name, trademark, trade name, or trade dress may be made without prior written authorization by Seller except to identify a product or service of the company.

Disclaimer Related to Site - Although Seller strives to provide the latest developments relating to our products and services and other information about Seller, we do not warrant the accuracy, effectiveness, suitability, or completeness of the materials, advice, information, or opinions offered by us or any third party through this Site. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, products, and other information provided through the Site. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE. THE SITE CONTENT AND ANY ADVICE OR INFORMATION PROVIDED AT OR THROUGH THIS SITE ARE PROVIDED "AS IS", WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE, OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS SHALL ALSO APPLY TO THOSE THIRD-PARTY WEBSITES WHICH CAN BE ACCESSED THROUGH LINKS ON OUR SITE.

Your Use - You understand, acknowledge and agree to the following:

a.By accessing the Site, you warrant and represent to Seller that you are at least 18 years of age, and if accessing and using the Site on behalf of your employer or other entity, you represent that you are authorized to agree to these Terms of Use.

b.By using this Site, you agree not to disrupt or intercept our electronic information on this Site or use any of our servers. You also agree not to attempt to circumvent any security feature of our Site and abide by all local, state, federal, and international laws, rules, and regulations applicable to your use of the Site, including, but not limited to, U.S. export control regulations as they apply to Seller products, as noted in the Terms and Conditions of Sale.

c.Other than Personal Information, which is covered by our Privacy Policy, any material, information, or content you upload, post, or otherwise transmit to this Site or in connection with your use of this Site will be considered non- confidential and non-proprietary and Seller shall be free to reproduce, publish, or otherwise use such material, information, or content in any manner for any purpose whatsoever including, without limitation, the research, development, manufacture, use, or sale of products or services incorporating such information. The sender of any information to Seller is fully responsible for its content, including its truthfulness, accuracy, and its non- infringement of any other person, organization, or entity’s proprietary rights.

d.You agree not to use the Site to send or post any message or material that is harassing, defamatory, abusive, threatening, harmful, obscene, sexually orientated, racially offensive, profane, or pornographic, or that violates any applicable law.

Restriction or Withdrawal of Limited Use License - We may immediately issue a warning, temporarily suspend, restrict, or terminate your license to access the Site without liability to you if, in Seller’s exclusive judgment:

(a) you have breached these Terms of Use; (b) we are unable to verify or authenticate any information you provide us; (c) your use of this Site or any information you have supplied us is, or is likely to become, non-compliant with any applicable law, ordinance, or regulation; or (d) for any other reason or purpose.

External Links - For your convenience, this Site may provide links to various web sites that we do not control. When you click on one of these links, you will be transferred out of our Site and connected to the web site of the organization or company that you selected. We are not responsible for the nature, quality, or accuracy of the content or opinions expressed in such third party web site, including any further links within such third party site. Inclusion of any linked web site on the Seller Site does not imply or express an approval or endorsement of the linked web site by us, or of any of the content, opinions, products, or services provided on those web sites. Even if an affiliation exists between our Site and a third-party web site, we exercise no control over linked sites and are not responsible for such site or the content therein. If you decide to visit access any of the third party sites linked by this Site, you do so entirely at your own risk.

Linking to our Site - No hypertext links shall be created from any website controlled by you or otherwise to this Site without the express prior written permission of the Seller. Please contact us if you would like to link to this website or would like to request a link to your website.
Public Forums and User Submissions - Seller is not responsible for any material submitted to any public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area) that may be found on the Site. Any such posted or uploaded material (whether submitted by you or any other user) is not endorsed, reviewed, or approved by Seller. Seller reserves the right to monitor and remove any material submitted or posted by you in the public areas without notice to you, for any reason, including if it becomes aware and determines, in its sole and absolute discretion, that you are or there is the likelihood that you may:

•defame, abuse, harass, stalk, threaten, or otherwise violate the rights of other users or any third parties;
•publish, post, distribute, or disseminate any defamatory, obscene, indecent, or unlawful material or information;
•post or upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of Seller and/or a third party's computer system and/or network;
•violate any copyright, trade mark, •other applicable U.S. or international laws, or intellectual property rights of Seller or any third party; and
•submit contents containing marketing or promotional material which is intended to solicit business.

Privacy and Security – Seller understands the importance of privacy to our Site’s visitors and users and is committed to safeguarding your privacy online. Our use of collected Personal Information is governed by our Privacy Policy and by accessing and using this Site, you agree to be bound by that Privacy Policy. You recognize and agree that when submitting your Personal Information to the Site, while Seller has reasonable safeguards in place to prevent unauthorized access or interception, we cannot absolutely guaranty security thereof. IN THE UNLIKELY EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS DESPITE OUR EFFORTS, SELLER SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTIONS OR UNAUTHORIZED ACCESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES SUFFERED BY YOU AS A RESULT OF SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, EVEN IF SELLER HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THAT PERSONAL INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO SAME. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT’S PASSWORD AND USER NAME.

Limitation of Liability- Seller does not assume any liability for the materials, information, and opinions provided on, posted to, or otherwise available through the Site. Reliance on these materials, information, and opinions is solely at your own risk. Seller disclaims any liability for injury or damages resulting from the use of the Site or the content contained therein. THE SITE, SITE CONTENT, INFORMATION, AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “AS IS’” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE GREATEST EXTENT PERMITTED BY LAW, SELLER, ITS EMPLOYEES AND AGENTS, AND ITS DISTRIBUTORS AND VENDORS TOGETHER WITH THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE SITE, OR ANY LINKED SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES DUE TO LOST PROFITS, BUSINESS DISRUPTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY COMMUNICATIONS OR INFORMATION FROM YOU, LOST DATA, OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATION, OR ERRORS OR OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE SITE CONTENT WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF SELLER TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE OR INFORMATION PROVIDED THEREFROM EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00) OR, IF THE CLAIM IS RELATED TO THE PURCHASE OF A PRODUCT OR SERVICE, THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT OR SERVICE. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising from or related to the Site Terms of Use more than (1) year after such claim or cause of action arose. PLEASE BE AWARE THAT OTHER NOTICES, DISCLAIMERS, AND OTHER TERMS AND CONDITIONS MAY APPLY TO THE SITE.

Indemnification - You agree to indemnify, defend, and hold harmless Seller, its officers, directors, employees, agents, affiliates, and any third party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, arising from or related to your use of this Site or any violation of these Terms of Use by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent. You will cooperate as fully as reasonably required in the defense of any claim.
Entire Agreement - These Site Terms of Use constitute the exclusive the agreement between you and Seller in relation to your use of the Site. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. Unless otherwise specifically stated in a writing signed by you or your authorized representative and Seller, these website terms and conditions supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between you and Seller in respect of your use of the Site.

Modifications - Seller may at any time modify any relevant terms and conditions, policies, or notices with regard to the Site. We may also change, suspend, or discontinue any aspect of our Site or service at any time. Seller reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options, and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features, or content, or restrict your access to parts or all of our Site without notice or liability. You acknowledge that by visiting the Site from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then-current version each time you visit the Site.
Conflict - Where any conflict or contradiction appears between the provisions of these Terms of Use and other relevant terms and conditions, policies, or notices which relate specifically to a particular section or module of the Site, the terms and conditions relating to your use of the relevant section or module of the Site shall prevail.

Waiver - Seller’s failure to enforce, or Seller’s waiver of your beach of any provision in the Terms of Use, will not constitute a waiver of any other breach by you or breach of such provision on any future occasion.
Assignment - Seller may assign any right or obligation under this Terms of Use to any party at any time without notice to you.

Severability -. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, you agree that the other provisions of these Terms of Use will remain in full force and effect.
Applicable laws - All disputes or claims arising from or related to your use of the Site, these Terms of Use, our Privacy Policy, our Terms and Conditions of Sale, or other policies or terms connected therewith shall be (a) governed by and construed in accordance with the laws of the state of New York, USA, without regard to the conflict of laws principles thereof; and (b) venued exclusively in the state of New York, USA. Parties consent expressly to the personal jurisdiction of the state and federal courts of the state of New York, USA.

Comments or Questions - If you have any questions, comments, or concerns arising from the Site, the Privacy Policy, or any other relevant terms and conditions, policies, and notices please contact us.