Welcome to MSDSGURU.COM; owned and operated by Environmental & Safety Support Group, LLC (E&SSG). We support freedom of speech, both on and off the Internet. However, the goal of this website is to provide access to the widest selection of material safety data sheets (“MSDS”) to a large group of people. To ensure a safe, non-offensive environment for all our users, we established these Terms & Conditions, which explain what you can expect from us and what we expect from you. By accessing any area of MSDSGURU.COM, you ("User") agree to be legally bound and abide by the following terms:
E&SSG reserves all rights to its and its affiliates service marks (including, but not limited to, MSDSGURU.COM©, SDSGURU.COM©, Safety U©, Compliance Watch Dog©), text, graphics, logos, service selection and arrangement marks and trademarks. All trademarks, product names, and company names and logos appearing on MSDSGURU.COM are the property of their respective owners. You may not use any of the foregoing without the prior written consent of E&SSG.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
You expressly agree that your use of MSDSGURU.COM is at your sole risk. E&SSG, its affiliates and any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers") do not warrant that MSDSGURU.COM will be uninterrupted or error-free. Additionally, the Providers do not warrant the accuracy of the results that may be obtained from the use of MSDSGURU.COM or the accuracy, reliability or currency of any information content, service or merchandise provided through MSDSGURU.COM.
THIS SITE IS PROVIDED BY MSDSGURU.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSDSGURU.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MSDSGURU.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MSDSGURU.COM NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
To the fullest extent permitted by law, MSDSGURU.COM or any other party involved in creating, producing, or distributing MSDSGURU.COM will not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use MSDSGURU.COM, including but not limited to reliance by a User on any information obtained from MSDSGURU.COM or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to MSDSGURU.COM records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, MSDS, and services available through MSDSGURU.COM.
a. PROPRIETARY RIGHTS
User acknowledges that MSDSGURU.COM contains information, data, software, text, photographs, graphs, videos, typefaces, graphics, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and Canada copyright laws, and E&SSG owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see 17 U.S.C. Section 107) User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission from E&SSG. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III above, User may upload to or otherwise distribute on MSDSGURU.COM only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which E&SSG has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal and/or civil liability. User will be liable for any damage, or any other harm, arising from any infringement of copyrights or proprietary rights resulting from the unauthorized submission or distribution of such copyrights or proprietary rights. Neither E&SSG, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report infringement corrections on MSDSGURU.COM. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted E&SSG a royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on MSDSGURU.COM retains any and all rights, which may exist in such Content.
c. THIRD-PARTY CONTENT
E&SSG is a supplier and not a publisher of Content supplied by third parties and Users on MSDSGURU.COM. E&SSG has no more control over such Content than does a public library. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of MSDSGURU.COM, are those of the respective authors or suppliers and not of E&SSG or its affiliates or any of their officers, directors, employees, or agents. Neither E&SSG nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of MSDSGURU.COM, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through MSDSGURU.COM represents the information supplied by their respective Provider, or User not under contract with E&SSG. E&SSG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on MSDSGURU.COM by anyone other than authorized E&SSG employees. Under no circumstances shall E&SSG, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through MSDSGURU.COM. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through MSDSGURU.COM.
IV. ONLINE CONDUCT
User agrees to use MSDSGURU.COM only for lawful purposes. User is prohibited from posting on or transmitting through MSDSGURU.COM any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, provincial, national, or international law.
If E&SSG is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, E&SSG may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from MSDSGURU.COM. E&SSG may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate MSDSGURU.COM; or (iii) to protect the rights or property of E&SSG, its Users or Providers.
E&SSG reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, MSDSGURU.COM, the communities that make up MSDSGURU.COM, or any rights of E&SSG or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither E&SSG nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither E&SSG, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on MSDSGURU.COM.
All content contained herein is subject to change without notice. E&SSG reserves the right to change or modify the terms and conditions applicable to the use of this site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the site. Any use of the site after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. E&SSG may terminate, change, suspend or discontinue any aspect of the site, including the availability of any features of the site, at any time. E&SSG may also impose limits on certain features and services or restrict your access to parts of the site without notice or liability.
VIII. APPLICABLE LAW
This site is created and controlled by E&SSG. The laws of the State of California, without regard to its conflict of laws principles, will govern these disclaimers, terms and conditions. E&SSG reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the state or federal courts located in San Diego, California for any litigation arising out of or relating to use of or purchase made through MSDSGURU.COM (and agrees not to commence any litigation relating thereto except in such courts).
E&SSG may terminate User's access, or suspend any User's access to all or part of MSDSGURU.COM, without notice, for any conduct that E&SSG, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or E&SSG.
XII. INTERNATIONAL USERS AND JURISDICTION
MSDSGURU.COM is maintained, located, and controlled by E&SSG. E&SSG makes no representation that materials on the site are appropriate or available for use at other locations outside of the United States or Canada and access to the site from territories where the site's contents are illegal is prohibited. If you access this site from locations outside the United States or Canada, you are responsible for compliance with all local laws.
XIII. EXPORT RESTRICTIONS/LEGAL COMPLIANCE
You may not access, download, transmit, use or export the site, or the Content provided on the site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of E&SSG in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of E&SSG outside the U.S. Neither the services of E&SSG nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Denied Persons List. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. The above country list is subject to change without further notice from E&SSG, and you must comply with the list as it exists in fact.