Terms and Conditions
Thank you for visiting this website (the “Site” or “website”). Please read the Terms and Conditions contained in this document carefully since any use of this site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, please do not use this website.
Throughout this site, the terms “we”, “us”, “our”, and “NanoWorx” refer to NanoWorx Global, Inc, a U.S. corporation, and any of its direct and indirect subsidiaries. “You” refers to any person accessing and/or using this website.
Please Note: These terms and conditions may be revised by NanoWorx by updating this posting – Please read them carefully.
- Privacy Notice
- Accuracy, completeness and timeliness of information
While we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
- Submissions to this Site
Any non-personal communication or material you submit to this website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of NanoWorx and NanoWorx may use and reproduce such Submission freely, and for any purpose. Specifically, NanoWorx is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you send to this website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that NanoWorx’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. NanoWorx is under no obligation to use the information submitted.
- Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of NanoWorx or are property of their respective owners. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website. You are also advised that NanoWorx will vigorously enforce its intellectual property rights to the fullest extent of the law.
- Links to Other Websites
Links on the NanoWorx websites may take you outside the NanoWorx network and systems and NanoWorx accepts no responsibility for the content, accuracy or function of these other third-party websites. The links are provided in good faith and NanoWorx cannot be held responsible for any subsequent change in other third-party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by NanoWorx. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
- Warranties and Disclaimers
Your use of this website is at your own and exclusive risk.
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, NANOWORX MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM NANOWORX THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.
This Site may from time to time contain information relating to nutrition and various medical, health and fitness conditions. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own doctor. You should not use the information contained herein for diagnosing your health or fitness problem or disease. You should always consult your own doctor.
- Limitation of Liability
NanoWorx and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.
NanoWorx and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, NanoWorx shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
Although NanoWorx may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the site, NanoWorx is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.
To the maximum extent permitted by applicable law, you expressly waive all claims against NanoWorx, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.
- Prohibited Activities
You are prohibited from doing any act that NanoWorx in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals
- Using this website to defame or libel NanoWorx, its employees or other individuals or acting in such a way that brings into disrepute the good name of NanoWorx
- Uploading files that contain viruses that may cause damage to the property of NanoWorx or the property of other individuals; and
Posting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of NanoWorx’s or any third party´s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.
- Mobile Services
If NanoWorx permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet (‘mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and NanoWorx does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from NanoWorx via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
12. Jurisdiction and governing law
NanoWorx products, services, materials, offers and information appearing on this site are intended for users and/or customers in the United States of America and abroad. The products appearing in this website are only visual representations and as such are not in their real size, etc..
You and NanoWorx agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Minnesota, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of Minnesota, United States of America.
- Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
USER GENERATED CONTENT TERMS AND CONDITIONS
NanoWorx Global, Inc Company (“NanoWorx”) owns and/or operates various websites, social media and other online properties that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User-Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any User-Generated Websites, you accept and agree to the following Terms and conditions for User-Generated Content.
Use of Your Comments, Photos and Videos: We love to see all your comments, photos and videos. By submitting or uploading your story, comment, photo or video of you, and your minor children (“Your Content”) on our wall or page, you are authorizing NanoWorx to use, publish, and otherwise reproduce, modify and distribute Your Content with or without your name or the name of minor children in perpetuity, worldwide in any and all NanoWorx related media for any lawful purpose. These uses may include, but are not limited to, information, education, promotion or advertising of NanoWorx or its products via the Internet, web sites, mobile apps, and social media. Please do not upload or post any photos or videos of others unless you have the owner’s permission. If individuals other than you appear in the photo or video, you must have permission to use the photo or video from the individuals (or their parent’s or legal guardian’s permission if a minor).
Submissions to this Page: Any material you submit to our page by upload, or otherwise, including any data, questions, comments, ideas, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of NanoWorx and NanoWorx may use and reproduce such Submission freely, and for any purpose. Specifically, NanoWorx is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you post to our page. Any such use is without compensation to you. By making a Submission, you are also warranting that you own the material/content submitted and that NanoWorx use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. NanoWorx is under no obligation to use the information submitted. You understand that NanoWorx employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submissions and that NanoWorx is only willing to consider the Submissions on these terms.
In the event of any conflict between these abbreviated terms and the Full Terms below, the Full Terms shall be deemed to apply.
Eligibility and registration
As part of the registration process (if one is required), you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username, password, and account.
Appropriate conduct and content; personal use only.
User-Generated Websites are made available for your personal, non-commercial use only. User-Generated Websites may not be used for any commercial or promotional purpose.
By acceptance of these User-Generated Websites Terms and Conditions, you agree that any information you provide about yourself is accurate and complete information at the time provided. In particular, you represent that you are 18 years of age or older. In addition, you agree to update any information provided to User-Generated Websites to keep it accurate and complete. If you become a member of a User-Generated Website, your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for suspension or termination of your membership.
You may not use User-Generated Websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on User-Generated Websites.
We may without notice to you, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User-Generated Websites Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing you notice.
Examples of illegal or unauthorized uses include, but are not limited to:
Modifying, adapting, translating, or reverse engineering any portion of the User-Generated Websites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of User-Generated Websites; collecting any information about other Members (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of User-Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by User-Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While NanoWorx prohibits such conduct and content on its User-Generated Websites, you understand and agree that you nonetheless may be exposed to such Materials and that you use User-Generated Websites at your own risk.
We are committed to protecting the privacy of children. The User-Generated Websites are is not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 18.
Changes to Terms and Conditions for User-Generated Content
We reserve the right to modify or terminate any User-Generated Website or service therein for any reason, and without notice, without liability to you, any other Member, or any third party. We also reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for User-Generated Content so that you will be apprised of any changes.
License to Use Materials
By submitting, posting, or displaying any Materials on or through User-Generated Websites, you automatically grant NanoWorx a worldwide, non-exclusive, royalty-free, irrevocable license to use, publish, and otherwise reproduce, modify and distribute such Materials on the User-Generated Websites and in any and all NanoWorx related media for any lawful purpose with or without your name or the name of your minor children. These uses may include, but are not limited to, information, education, promotion or advertising of NanoWorx or its products via the Internet, web sites, mobile apps, and social media.
You represent to NanoWorx that you own all Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials you provide. You further represent to NanoWorx that such materials do not infringe any third party copyrights or other third party intellectual property rights or rights of privacy or publicity. You agree to indemnify NanoWorx for any and all loses resulting from the invalidity or inaccuracy of such representation.
Except as expressly authorized by User-Generated Websites, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of NanoWorx’s proprietary information, which includes the sum of all postings and photos to the site.
Any material you submit to any User-Generated Website by upload, or otherwise, including any data, questions, comments, ideas, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of NanoWorx and NanoWorx may use and reproduce such Submission freely, and for any purpose. Specifically, NanoWorx is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you post to our page. Any such use is without compensation to you. By making a Submission, you are also warranting that you own the material/content submitted and that NanoWorx’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. NanoWorx is under no obligation to use the information submitted. You understand that NanoWorx employs both internal and external resources which may have developed or may in the future develop ideas identical or similar to your Submissions and that NanoWorx is only willing to consider the Submissions on these terms.
USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
Standard Terms and Conditions for NanoWorx Sites
In addition to these User-Generated Websites Terms and Conditions, you agree to be bound by NanoWorx’s standard Terms and Conditions for its websites, as the same may be modified and updated from time to time, with respect to your use of User-Generated Websites.
You agree that:
- You are 18 years of age or older and a resident of the United States.
- You have not received any compensation/consideration or offer of compensation/consideration from any entity in exchange for your submission of the Materials.
- If you are a NanoWorx employee, you have disclosed that relationship; and
- You do not work for any company or agency hired by NanoWorx to promote and/or sell NanoWorx products.
Submission of Materials to the Service
You agree that:
- All Materials and information about yourself that you submit are accurate, up to date, reflect your true opinion, and are based upon your actual experience with the product being reviewed.
- The Materials you submit are original and created by you; and
You further agree that you shall not submit any Materials:
- That are known by you to be false, inaccurate, or misleading to anyone using the Service. For example, you will not use a false identity or create multiple postings with the intent to monopolize or unduly influence the forum or submit Materials unrelated to the product being reviewed.
- That infringes any third party’s copyright, patent, trademark, trade secret, rights of publicity rights of privacy, moral rights or any other applicable personal or proprietary rights.
- That encourages or advocates any unlawful or unauthorized behavior or activity or violates any law, statute, ordinance or regulation.
- That are offensive, obscene, vulgar, or is inappropriate for a public, family-friendly forum.
- That are, or may be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, threatening or harassing to any individual or entity.
- That include any information that references third party websites, addresses, email addresses, contact information or phone numbers; or
- That contains any computer viruses, worms, Trojan horses or other potentially damaging computer programs or files.
All Materials that you submit may be used at NanoWorx’s sole discretion. NanoWorx reserves the right, but not the obligation, to:
- Monitor or review the Materials you have submitted.
- To suspend or terminate your access to the Services as NanoWorx may deem appropriate.
You will not be provided with any recourse to edit or delete any Materials after you have submitted them. Ratings, photos, videos, and written comments are generally posted within two to four business days. However, NanoWorx has the right to remove or refuse to post any submission for any reason. You acknowledge that you, not NanoWorx, are responsible for the Materials you submit. None of the Materials that you submit shall be subject to any obligation of confidence on the part of NanoWorx, its agents, subsidiaries, affiliates, or third-party service providers and their respective directors, officers and employees.
License to Use Materials
By submitting any Materials to the Service, you automatically grant NanoWorx a world-wide, non-exclusive, royalty-free, irrevocable, transferrable license to publicly display or re-display, use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Materials and/or incorporate such Materials into any form, medium or technology whatsoever (including but not limited to NanoWorx’s websites, third party websites, online and off line advertising, marketing and promotional materials) throughout the world that is used by NanoWorx or its agents in connection with the Service or the advertising, promotion or marketing of NanoWorx and its products and services.
Representations and Warranties
You represent and warrant to NanoWorx that you own all Materials and/or have the unencumbered legal right to grant the above-referenced license to NanoWorx with respect to all Materials that you submit. You also represent to NanoWorx that such materials do not infringe on any third-party copyrights or other third-party intellectual property rights.
Release and Indemnification
You agree to release, indemnify and hold NanoWorx, its parent, affiliated and subsidiary companies (and their respective officers, directors, agents, employees, and agents) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of or in connection with any breach of your representations and warranties set forth above, or your violation of any law or rights of a third party.
Use of Your Email Address
By submitting your email address in connection with your rating and review, you agree that NanoWorx and its third-party service providers may use your email address to contact you about the status of your review and other administrative purposes.