Terms of Use

Last Updated on July 6, 2016

The website aerogel.com (the “Site”) is brought to you by Aspen Aerogels, Inc. (“Aspen,” “we,” “us,” or “our”).

YOUR ACCEPTANCE OF THE TERMS OF USE. PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “TERMS OF USE” or “USER AGREEMENT”) CAREFULLY BEFORE USING THE SITE AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND ASPEN. This User Agreement sets forth the terms and conditions which govern your use of the Site and of the Content (as defined below). BY BROWSING, ACCESING OR OTHERWISE USING THE SITE IN ANY MANNER, YOU HEREBY ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, (1) THESE TERMS OF USE AND (2) THE PRIVACY POLICY FOR THE SITE (THE “PRIVACY POLICY”). IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SITE AND EXIT NOW.

UPDATES & REVISIONS TO THE TERMS OF USE. PLEASE REVIEW THESE TERMS OF USE PERIODICALLY. We reserve the right, in our sole discretion, to update or revise these Terms of Use at any time. In the event of any such update or revision, we will identify the last date of update along with the updated or revised Terms of Use. Such updates or revisions shall become effective immediately upon the posting thereof. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF UPDATES AND/OR REVISIONS TO THESE TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH UPDATE AND/OR REVISED TERMS OF USE. The most current version of the Terms of Use can be accessed at any time by selecting the Terms of Use link on the bottom of the home page for the Site, http://www.aerogel.com


1.CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF CONTENT.

A.Description of Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to Aspen, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted in Section 1.C below) through the Site. Content may include information about Aspen products, programs and services and we encourage you to contact your local Aspen business contact for information regarding the products, programs and services which may be available to you.

 

B.Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Aspen or other parties that have licensed their material to Aspen, and are protected by copyright, trademark and other intellectual property laws. Except as specifically permitted herein, Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, including by e-mail or other electronic means, without the prior consent of Aspen or such third-party that owns the Content. All rights not expressly granted herein by Aspen and/or its licensors to you are reserved by Aspen and/or its licensors.

 

C.Restrictions on Your Use of Content. You may access and use Content solely for your information and consideration of a potential business relationship with Aspen, as intended through the functionality of the Site and permitted under these Terms of Use. Any modification of the Content, use of the Content on any website or networked computer environment, or use of the Content for any purpose other than as described herein, without the prior consent of Aspen or its licensors, as applicable, is a violation of the copyright, trademark and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site that prevent or restrict the use or copying of any Content and not to alter, remove or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site. You shall not download any Content unless you see a “download” or similar link displayed by us on the Site for such Content or an express link is provided on the Site to an electronic file. We do not have an obligation to detect the presence of Harmful Code (as defined in Section 2 below). If you download any Content from the Site, you do so at your own risk.

 

D.Disclaimer. Content is provided to You AS IS. You understand that we do not guarantee the accuracy, safety, integrity or quality of Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity and accuracy of such Content. NOTHING ON OUR SITE SHOULD BE DEEMED TO CONSTITUTE A RECOMMENDATION TO PURCHASE, SELL OR HOLD, OR OTHERWISE TO CONSTITUE ADVICE REGARDING, ANY REGISTERED OR UNREGISTERED SECURITY.

2.RESTRICTIONS ON YOUR USE OF THE SITE. You agree not to access or use the Site in an unlawful way or for an unlawful or illegitimate purpose, including without limitation any violation of the antifraud or registration provisions of the securities laws of the U.S. or any state therefore. You shall not post or transmit via the Site a message or information under a false name; (b) information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person; or (c) information that infringes or violates any of the intellectual property rights of others or the privacy or publicity rights of others. You shall not attempt to disrupt the operation of the Site in any manner, including without limitation, through the use of methods such as denial of service attacks, flooding or spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”). You shall not use the Site in any manner that could damage, disable or impair our products, services or networks. You shall not attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access the Site.

3.TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos, slogans and taglines displayed on or through the Site are the property of Aspen or its respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or through the Site without the express written permission of Aspen, or such third-party that may own the trademark, service mark, logo, slogan or tagline. For the avoidance of doubt, the Pyrogel®, Spaceloft™, Cryogel™ and Nanotechnology at Work™, and all products denoted with ® or ™ are trademarks or registered trademarks of Aspen and may not be used by any other party without the express written permission of Aspen.

4.TERMINATION/EXCLUSION. You understand that the Site is provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Site at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate. You agree that Aspen shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, you must immediately destroy any downloaded and printed materials.

5.VISITOR/USER SUGGESTIONS. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Aspen (collectively, “Feedback”) are not confidential and you hereby grant to Aspen a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion. Please be advised that any information you provide in connection with your Feedback will be seen and processed by Aspen and that you provide any such information at your own discretion and risk.

6.LINKS TO OTHER SITES. Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third party websites.

7.YOUR ABILITY TO ACCEPT THIS USER AGREEMENT. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.

8.DISCLAIMER OF WARRANTY. ACCESS TO THE SITE AND/OR CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ASPEN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASPEN DOES NOT WARRANT THAT ACCESS TO THE SITE AND/OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES ASPEN MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE AND/OR CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND/OR CONTENT IS AT YOUR SOLE RISK. YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU. ASPEN CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE ADVICE, IDEAS, INSTRUCTIONS, GUIDELINES OR OTHER INFORMATION ACCESSED THROUGH THE SITE.

9.LIMITATION OF LIABILITY. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL ASPEN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF ASPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE ASPEN AND HOLD IT AND ITS LICENSORS AND SUPPLIERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR CONTENT. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE. WITHOUT LIMITING THE FOREGOING, IN THE EVENT OF ANY PROBLEM WITH THE SITE AND/OR THE CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE AND/OR CONTENT. NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, IF ASPEN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR CONTENT, ASPEN’S LIABILITY SHALL IN NO EVENT EXCEED FIFTY U.S. DOLLARS ($50). Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

10.INDEMNIFICATION. Without limiting the generality or effect of other provisions of these Terms of Use, as a condition of use, you agree to indemnify, hold harmless and defend Aspen and its parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (i) your use of the Site and/or Content; (ii) your failure to comply with any applicable laws and regulations; and/or (iii) your breach of any obligations set forth in this User Agreement. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

11.MODIFICATIONS TO THE PRICES FOR OUR PRODUCTS AND SERVICES. Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Site without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.

12.MODIFICATIOnS TO OUR POLICIES. We reserve the right to change these Terms of Use or the Privacy Policy and any terms, conditions and notices under which the Site is offered. We may terminate these Terms of Use at any time by suspending or terminating access to the Site. You can see when these Terms of Use were last revised by referring to the “Last Updated” legend above. Your continued use of the Site after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use.

13.ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Site or on any related website should be taken to indicate that all information with respect to the Site or on any related website has been modified or updated.

14.LOCAL LAWS AND EXPORT RESTRICTIONS. Aspen controls and operates the Site from its location in the United States using servers in the U.S. As a U.S. company, Aspen and its Site are subject to the U.S. economic sanctions and export control laws and regulations. Aspen makes no representation that the Site and the Content are appropriate or available for use in other locations. By using the Site and/or the Content outside of the U.S., you agree that you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of the U.S. and other countries. You further agree that no information or data acquired through the use of the Site and/or the Content is or will be acquired for, shipped, transferred, exported or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons or missile projects, unless specifically authorized by the U.S. Government for such purposes. You shall comply strictly with all U.S. export control and economic sanctions laws and regulations (including, without limitation, the U.S. International Traffic in Arms Regulations, the U.S. Export Administration Regulations and regulations administered by the Department of the Treasury’s Office of Foreign Assets Control) applicable to transfers of Content and assume sole responsibility for obtaining licenses to export or re-export as may be required. Aspen shall have no liability for your failure to comply with such laws, regulations, licenses or other authorizations in relation to the Site and/or the Content. Notwithstanding any other provision in this Agreement, Aspen shall have the right to terminate this Agreement immediately upon the determination by Aspen that you are not in compliance with US export laws or violate any government privacy and/or data protection laws.

15.MISCELLANEOUS. This User Agreement shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. without regard to its rules on conflicts or choice of law. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this User Agreement. This User Agreement constitutes the sole agreement between you and Aspen for your use of the Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in this User Agreement shall bind either you or Aspen. Any of the terms of this User Agreement which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of this User Agreement or affecting the validity or enforceability of the User Agreement as a whole. Failure to insist on performance of any of the terms of the User Agreement will not operate as a waiver of any subsequent default. No waiver by Aspen of any right under this User Agreement will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part. This User Agreement shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns. A printed version of this User Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This User Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Aspen with respect to use of the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Aspen with respect to the Site.

© COPYRIGHT 2016 Aspen Aerogels, Inc., ALL RIGHTS RESERVED.