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”).
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.
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.
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.
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.
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.
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.
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