Global Powder Metallurgy Property Database
TERMS AND CONDITIONS
1. NO LIABILITY REGARDING CONTENT & AUTHORSHIP
The Trade Associations expect to attract Content from a wide variety
of sources, The role of the Associations in this Web site has been limited
to presenting for publication data provided by third parties. The Trade
Associations takes no position with respect to the accuracy or ownership
of that data and disclaims any liability resulting from or arising out of
the use of that data. You acknowledge and agree that:
The Content (including opinions, ideas, products, information, statistics
and representations) is not, and should not be regarded as, endorsed or
guaranteed by The Trade Associations in any way, or relied upon as a substitute
for professional advice. In respect of Content, The Trade Associations accept
no responsibility, and liability in this respect is expressly disclaimed.
The Trade Associations
expect the Web site to contain from time to time links to Companies who
may be available to provide various products and services to users.
The purpose of the Web site is merely to act as a conduit between buyers
and sellers of such products and services and accordingly:
The Trade Associations neither make nor endorse any representations or
claims regarding the experience, competence, qualifications or suitability
of a Company to meet the needs of a particular User.
The Trade Associations expressly exclude all liability to Participants
in relation to any product or service provided by any Company engaged
pursuant to an introduction via the Web site, including but not limited
Any liability to Users in respect of any wrong committed or alleged,
whether arising in either contract, tort, statutory duty or otherwise,
by a Company in the provision of any product or service to a User;
Any liability to Companies in respect of any failure by any User to
pay fees and disbursements for any products or services provided by
Companies to Users.
NO LIABILITY FOR LINKS, ADVERTISERS, MEMBERS
The Web site may, from time to time, have links to other sites (including
links to sites operated by The Trade Associations' members). The Trade Associations
have no control over the content on any such sites and for that reason The
Trade Associations make no warranties, either express or implied, concerning
such content, including the accuracy, completeness, reliability or suitability
for any particular purpose. The Trade Associations also do not warrant that
such sites or content are free from any breaches of copyright, trademark
or other infringement of the rights of third parties or that such sites
or content are devoid of viruses or other contamination.
The Web site may at some time contain advertising and sponsorship. Advertisers
and sponsors must ensure all advertising and other submitted material complies
with relevant laws, including intellectual property laws. The Trade Associations
exclude to the extent allowed by law any liability to Participants and third
parties for any error or inaccuracy appearing in any advertising or sponsorship
material, or for any breach in tort, contract or statutory duty (including
duties imposed under copyright and other intellectual property laws) in
relation to such material.
NO LIABILITY FOR ANY DISRUPTIONS TO YOUR SYSTEM
The Trade Associations expect to maintain their IT infrastructure to high
standards, they cannot accept legal responsibility to Participants for any
act or omission (including viruses and the like) that inadvertently results
in any damage, interference or other problems with any system, data or personal
information. If you have any problems in that regard, The Trade Associations
would appreciate appropriate advice from Participants.
NO LIABILITY FOR INTERRUPTIONS OF SERVICE DUE TO MAINTENANCE, UPGRADES, ETC.
Associations shall not be liable for any disruptions to the Web site for any
reason, including but not limited to disruptions caused by any third party
service provider, and any Web site downtime for any reason, including but
not limited to repairs, maintenance, Web site design changes, or the implementation
of any changes to the Content.
FURTHER ON EXCLUSION OF DAMAGES
Exclusion of liability under these Terms and Conditions extends to exclude
from liability The Trade Associations and Related Parties.
Exclusion extends to all kinds of liabilities, including but not limited
to special, incidental, consequential, or indirect damages, loss of goodwill
or business profits, work stoppage, data loss, computer failure or malfunction,
all other commercial damages or loss, or exemplary or punitive damages relating
to the Web site.
Exclusion of liability shall only apply to the extent permitted by law.
of his/her relevant participation in the Web site, each Participant (and if
more than one in respect of participation, jointly and severally) indemnifies
and holds The Trade Associations and their Related Parties harmless from and
against all claims, liabilities, and costs, including reasonable legal fees,
incurred by The Trade Associations and/or its Related Parties arising from
any third party claim resulting directly or indirectly from the Participant's
participation in the Web site. Such indemnity includes but is not limited
to claims in respect of the infringement of intellectual property rights.
By submitting data, the Submitter agrees to indemnify and hold the Associations
harmless from and against all claims, liabilities and costs, including legal
fees, incurred by the Associations arising out of any claim resulting from
the Submitter's participation in this database.
The relevant Participant shall reimburse The Trade Associations and/or any
relevant Related Party for all costs reasonably incurred by it/them in any
such proceeding in which it is a party.
EXCLUSION OF WARRANTIES
and agree as follows:
Your participation in the Web site is at your own risk. The service is provided
on an "as is" and "as available" basis. To the extent permissible by law,
The Trade Associations expressly disclaim all warranties of any kind, whether
express or implied, including, but not limited to, the implied warranties
of merchantability, fitness for a particular purpose and non-infringement.
To the extent permitted by law, in respect of the Web site and any associated
service or product provided (Services), whether supplied by or on
behalf of The Trade Associations or by a third party including any Company,
Supplier or Advertiser, The Trade Associations make no warranty that:
The Services will meet your requirements.
The Services will be uninterrupted, timely, secure, or error-free.
The results that may be obtained from the use of the Services will be
accurate or reliable; and
The quality of any products, services, information, or other material
purchased or obtained by you through the services will meet your expectations.
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USE OF WEB SITE
capacity as a Participant, whether as a User or Contributor, you agree to
not participate in the Web site (including but not limited to submission of
Content and entering any arrangement for provision of product or service between
User and Company) as follows:
To engage in any activity that is unlawful, harmful or threatening (including
to minors), tortious, invasive of another's privacy, or otherwise objectionable;
To misrepresent information about yourself, including your identity (whether
by giving a fictitious name or the name of another person), contact details,
qualifications, affiliation with any entity and the like;
To misrepresent yourself as the owner or authorized licensee of intellectual
property in any work or thing, or as the author of any work;
To transmit or otherwise deal with any Content that infringes the intellectual
property of any person, including The Trade Associations;
To transmit any material that contains software viruses or the like that
may limit the functionality of any software or hardware or other equipment;
To do anything which may impair the functionality of the Web site;
To breach any relevant law in the jurisdiction where you operate;
To breach any part of these Terms and Conditions, including any directions
forming part of the Web site.
To do anything which in the opinion of The Trade Associations damages or
could potentially damage the reputation and standing in the community of
The Trade Associations and any Related Parties. Without limiting available
remedies, The Trade Associations reserve the right to cancel the participation
of any person who engages in the above breaches. On such cancellation, The
Trade Associations may take any necessary action, including cancellation
of any password and removal of any Content provided by them.
RIGHT TO MODIFY THE SERVICE
notice and without accepting liability to you in this regard:
The Trade Associations may modify or discontinue the Web site (or any part),
including any associated service (whether temporarily or permanently); and
The Trade Associations may amend these Terms and Conditions, except in relation
to privacy and security affecting pre-existing Participants, where such
changes are detrimental to those to whom an existing duty of privacy and
security are owed.
PROPERTY RIGHTS OF THE TRADE ASSOCIATIONS AND OTHERS
You acknowledge and agree that the Web site contains material that is the
intellectual property of The Trade Associations and others. Without limitation,
intellectual property rights may subsist in parts of the Content, in software,
domain names and trade marks of The Trade Associations and any advertisers
and strategic partners.
Unless authorized by the legitimate owner or licensee of the relevant intellectual
property, you agree:
Not to do any act in breach of the intellectual property laws of the
US or the jurisdiction where you live, including without limitation,
copy, distribute, or create derivative works based on the relevant material.
To indemnify fully The Trade Associations and any related party for
any loss damage or cost incurred in relation to such breach caused by
ANY DIRECTIONS, ETC., FORM PART OF TERMS AND CONDITIONS
site may, from time to time, contain directions regarding its use, which also
may be modified from time to time. Any such directions are deemed to form
part of these Terms and Conditions, and any breach thereof shall be considered
a breach of these Terms and Conditions.
conferred by any of the provisions of these Terms and Conditions is intended
to be exclusive of any other remedy which is otherwise available at law, in
equity, by statute or otherwise. The election of any one or more of such remedies
by any of the parties hereto shall not constitute a waiver by such party of
the right to pursue any other available remedy.
in these Terms and Conditions which is invalid or unenforceable in any jurisdiction
is to be read down for the purposes of that jurisdiction, if possible, so
as to be valid and enforceable, and otherwise capable of being severed to
the extent of the invalidity or unenforceability, without affecting the remaining
provisions of these Terms and Conditions or affecting the validity or enforceability
of that provision in any other jurisdiction.
SURVIVAL OF RIGHTS, DUTIES AND OBLIGATIONS
Termination of these Terms and Conditions or cessation of participation
in the Web site by a Participant shall not release a party from any liability
which at the time of termination has already accrued to another party or
which thereafter may accrue in respect of any act or omission prior to such
Each indemnity in these Terms and Conditions is a continuing obligation,
separate and independent from the other indemnities and survives termination
of these Terms and Conditions or cessation of participation by a Participant.
These Terms and Conditions embody the entire understanding and agreement
between the parties as to the subject matter of these Terms and Conditions.
No oral explanation or information provided by any party or its officer,
employee, agent or adviser to another:
affects the meaning or interpretation of these Terms and Conditions;
constitutes any collateral agreement, warranty or understanding between
any of the parties.
No waiver of any of the provisions of these Terms and Conditions by
a party shall be effective unless made in writing addressed to the other
parties and duly signed by the party making the waiver.
recognize that it is impracticable to make provision for every contingency
that may arise in the course of performance of the provisions of these Terms
and Conditions and accordingly declare their intention that these Terms and
Conditions shall operate among them with fairness and covenant and agree with
each other that they shall act reasonably at all times in carrying out their
respective obligations and use all reasonable endeavors to ensure that full
effect be given to the terms of these Terms and Conditions in the spirit in
which it was agreed.
Terms and Conditions shall be binding on the parties hereto and their respective
successors and assigns.
otherwise specifically agreed in writing, nothing in these Terms and Conditions
or in your participation in the Web site in any capacity imply any relationship
between The Trade Associations and you other than that of service provider
and customer. No relationship of agency, partnership, joint venture, employment,
or franchise shall be construed.
to you or to The Trade Associations shall be made by either e-mail or regular
shall promptly execute all documents and do all things that any other party
from time to time reasonably requires of it to effect, perfect or complete
the provisions of these Terms and Conditions and any transaction contemplated
GOVERNING LAW AND JURISDICTION
shall be governed by and construed in accordance with the laws of the US.
The parties irrevocably agree that the courts of the United States shall have
non-exclusive jurisdiction to settle any dispute, which may arise out of or
in connection with these Terms and Conditions.