Last Modified: February 2, 2024.
Welcome to the E5® website, operated by E5 Incorporated (“E5 Incorporated,” “we,” or “us”). These Terms of Use govern your access to and use of E5NanoSilica.com (the “Website”), including any content, functionality, and services offered on or through the Website (collectively, the “Services”). With each visit to the Website you signify your agreement to these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS APPLY WHETHER YOU ACCESS OR USE THE SERVICES AS A GUEST OR AS A REGISTERED USER.
This Website is offered and available to users who are 18 years of age or older and acting on behalf of a customer. By using the Website, you represent and warrant that you are of legal age to form a binding contract with E5 Incorporated and meet all of the foregoing eligibility requirements. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE to these Terms of Use, do not access or use the Website or the Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes; please check this page periodically.
2.1 We may withdraw or amend the Website, and any Service or material we provide, without notice. We are not liable if any part of the Website is unavailable at any time. We may restrict access to some parts or all of the Website, including to registered users.
2.2 To access parts of the Website, you may be asked to provide registration details or other information, which must be correct, current, and complete. Your information is governed by our Privacy Policy.
2.3 If you choose, or are provided with, User Credentials (e.g., username, password), you must treat them as confidential and not disclose them to others. Your account is personal to you.
2.4 By enrolling and accessing the Services using your User Credentials (and any other security methods we may require), you acknowledge the system includes commercially reasonable security procedures and agree to comply with them. Notify us immediately of any unauthorized access or use of your User Credentials or any other breach of security.
2.5 We may disable any account or identifier at any time in our sole discretion, including if you have violated these Terms of Use.
3.1 The Website and its entire contents, features, and functionality are owned by E5 Incorporated, its licensors, or other providers and are protected by United States and international intellectual property laws.
3.2 These Terms permit you to use the Website on behalf of a customer and only for the customer’s business purposes and to access/receive the Services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit materials from the Website.
3.3 You must NOT: (a) modify copies of any materials from the Website; (b) delete or alter any proprietary rights notices; (c) access or use the Website or Services for any commercial purposes other than as allowed above. If you breach these Terms, your right to use the Website stops immediately and you must return or destroy any copies you have made. No right, title, or interest in or to the Website or any content is transferred to you.
The E5® name and all related names, logos, product and service names, designs, and slogans are trademarks of E5 Incorporated or its affiliates or licensors. Do not use such marks without our prior written permission. All other names and logos on the Website are the trademarks of their respective owners.
Except where disclosure is required for legal, accounting, or regulatory purposes, both parties agree that all information provided in connection with the Services will be kept strictly confidential, used only for the purposes of such agreements, and not disclosed without prior written consent (subject to specified exceptions). Each party will take commercially reasonable precautions to prevent unauthorized disclosure. All programs, materials, and know-how used, prepared, or developed by E5 Incorporated remain its exclusive property and may require separate licensing agreements.
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
Violate any applicable law or regulation (including export laws).
Exploit or harm minors.
Impersonate E5 Incorporated, an employee, another user, or any person or entity.
Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the Website or that may harm E5 or expose others to liability.
Additionally, you agree not to: disable or impair the Website; use robots/spiders or other automated means to access, monitor, or copy the Website; use manual processes to copy content without consent; introduce viruses or other harmful material; attempt unauthorized access; or attack the Website (including via DDoS).
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date, and we have no obligation to update it.
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information consistent with that policy.
Third-party links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or any loss or damage that may arise from your use of them. Access third-party sites at your own risk and subject to their terms.
The Website and Services are provided for use only by persons located in the United States. We make no claims that the Website or its content is accessible or appropriate outside the U.S. If you access the Website from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.
We cannot and do not guarantee that files available for download from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures for antivirus protection and maintaining external means for reconstructing any lost data. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, including warranties of merchantability, non-infringement, and fitness for a particular purpose. (This does not affect warranties that cannot be excluded under applicable law.)
To the fullest extent provided by law, in no event will E5 Incorporated or its personnel, licensors, service providers, employees, agents, officers, or directors be liable for any damages of any kind arising out of or in connection with your use, or inability to use, the Website or any content— including direct, indirect, special, incidental, consequential, or punitive damages (e.g., loss of profits, data, goodwill). (Some limitations may not apply under certain laws.)
You agree to defend, indemnify, and hold harmless E5 Incorporated, its personnel, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims and losses arising out of or relating to your violation of these Terms or your use of the Website.
All matters relating to the Website and these Terms are governed by the laws of the State of Indiana, without regard to conflict of laws rules. Any legal suit arising out of or related to these Terms or the Website shall be instituted exclusively in the federal or state courts located in Hamilton County, Indiana, though we may bring suit in your country of residence or any other relevant country. You waive any objections to venue and jurisdiction in such courts.
No waiver by E5 Incorporated of any term shall be deemed a further or continuing waiver of such term or any other term. If any provision is held invalid, illegal, or unenforceable, it shall be eliminated or limited to the minimum extent necessary, and the remaining provisions shall continue in full force.
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and E5 Incorporated regarding the Website and Services, superseding all prior and contemporaneous understandings and agreements.
This Website is operated by E5 Incorporated, 1718 Pleasant Street, Noblesville, IN 46060, USA. Direct all feedback, comments, requests for technical support, and other communications to the contact information below.
If you provide contact information to E5 Incorporated (e.g., telephone number, email, mailing address), you expressly consent to receive phone calls, SMS text messages, emails, and mail from E5 Incorporated regarding our services, subject to our Privacy Policy.
Questions? Contact us at info@E5NanoSilica.com
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