Terms of Use

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ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBSITE WWW.PARTICLESOLUTIONS.NET INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE, YOU INDICATE THAT YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE.

 

Welcome to our website. Particle Solutions owns, controls and maintains this site for your information and education and as a service to the Internet community. Through your access to information or materials on this website, you acknowledge certain of our intellectual property rights and you accept, without limitation or qualification, to be bound by these Terms of Use, which supersede any other agreement between you and Particle Solutions covering our website or the contents of the website. We reserve the right to change these Terms of Use from time to time at our sole discretion and without notice, and such changes shall become effective when posted on the website.

 

The product information provided on our website is intended for residents of the United States.

 

Limited License

All contents on our website, including, but not limited to, pictures, illustrations, designs, icons, text, audio clips and video clips (collectively, the “Site Content”), and all intellectual property rights therein, are owned, controlled or licensed by Particle Solutions or our affiliates or partners. You may view and use the Site Content made available on the public portions of our website solely for non-commercial, personal and informational purposes. You may not publicly distribute the Site Content, and no use of the Site Content is authorized other than the use expressly permitted by these Terms of Use. Any copy you make of any of the Site Content shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained in this website shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark or other intellectual property right of Particle Solutions or any third party. No other use of the Site Content is authorized without the express written permission of Particle Solutions or the copyright owner. All other rights are reserved.

 

User-Provided Ideas

Particle Solutions does not accept or consider ideas submitted through, or in connection with, the website. Notwithstanding the foregoing, you agree that any feedback, information, suggestions, ideas or materials (e.g., text, photographs, caricatures, illustrations, designs, icons, articles, audio clips and video clips, etc.) you submit through, or in connection with, this website (each, an "idea") will not be subject to any use or disclosure restrictions and will be considered non-confidential by us. By providing ideas to us, you agree that we shall have, at no charge, a non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable, worldwide right and license to reproduce, distribute, display, perform and create derivative works of such ideas and to use, make, have made, offer for sale, sell and import products containing or based on such ideas. We shall be free to use and disseminate such ideas on an unrestricted basis for any purpose. In addition, we do not control ideas posted or otherwise transmitted via this website by others and we do not guarantee the accuracy, integrity or quality of such ideas. Any communications you send to this website or otherwise to Particle Solutions by electronic mail, with the exception of personal information as defined in the Particle Solutions Internet Privacy Statement, shall be deemed to be non-confidential.

 

Privacy

Our policies concerning the use of your personal information are set forth in the Particle Solutions Internet Privacy Statement on this website and incorporated by reference herein.

 

Medical Advice

The Site Content may contain general information relating to various medical confitions and their treatment. The Site Content is provided for informational purposes only and should not be construed as medical, legal, financial, investment or other professional advice or opinion. We do not offer personalized medical advice or patient-specific treatment advice. Only your doctor or other healthcare professional can determine if a product described on this website is appropriate for you. Use of this website is not a substitute for a call or visit to, or consultation with, your physician or a healthcare professional. You should not rely on this website or any other service offered by or through this website for medical diagnosis or treatment. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN OR HEARD ON THIS WEBSITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS WEBSITE. IF YOU HAVE A MEDICAL EMERGENCY, PLEASE DIAL 911 OR CONTACT YOUR DOCTOR.

 

Disclaimers

The Site Content is for your general education only and is not intended to provide advice or guidance or to be used for any commercial purpose by you. The identification or description of products or services of Particle Solutions or third parties on the website is for informational purposes only and does not constitute a representation, warranty, guarantee, endorsement or recommendation of such products and services. Although we have attempted to provide accurate information on our website, we assume no responsibility for the accuracy of the Site Content. In particular, we may not update our website on a daily or other regular basis. As such, the Site Content may be out of date or include omissions or other errors. We may update or change the Site Content at any time without notice. The specific features and functionality of the website are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the website. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the website at any time. It is not possible to operate our website with 100% guaranteed uptime or security. We will make reasonable efforts to keep our website operational. However, certain technical difficulties, routine site maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the website. You agree that Particle Solutions shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the website.

 

ALL SITE CONTENT IS PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Particle Solutions, ITS AFFILIATES AND ITS COLLABORATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND THE SITE CONTENT THEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

 

We make no warranty that this website will meet your requirements; that this website will be uninterrupted, timely, secure or error free; that messages or requests will be delivered; that defects will be corrected; or that this website is free of viruses or other harmful components. We make no warranty regarding any goods or services purchased or obtained through this website or any transactions entered into through this website. You assume the entire risk as to the results and performance of this website and any goods or services purchased therefrom.

 

Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless Particle Solutions, its subsidiaries, and its affiliates, and its and their directors, officers, employees, agents, consultants, business partners, successors, and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to, or associated with, your use of this website and any hyperlinked website or based on any reliance upon the information contained herein or therein and any violation of these Terms of Use by you.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, IN NO EVENT SHALL PARTICLE SOLUTIONS OR ANY OF ITS AFFILIATES OR SUPPLIERS (INCLUDING ANY OF ITS OR THEIR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) BE LIABLE TO YOU (INCLUDING ANY OF YOUR PARTNERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS, OR ASSIGNEES) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT, EQUITY, INTENDED CONDUCT, TORT, OR OTHERWISE (INCLUDING BREACH OF WARRANTY, NEGLIGENCE, AND STRICT LIABILITY IN TORT), NOR FOR ANY DAMAGES ARISING FROM DELAY, LOSS OF GOODWILL, LOSS OF OR DAMAGE TO DATA, INTERRUPTION IN USE OR AVAILABILITY OF DATA, LOSS OF USE OF MONEY OR USE OF PRODUCTS, LOST PROFITS, REVENUE OR SAVINGS (ACTUAL OR ANTICIPATED), OR OTHER ECONOMIC LOSS ENSUING FROM OR IN CONNECTION WITH THE EXISTENCE, ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE OR RELATING TO ANY MATERIALS, INFORMATION, QUALIFICATION, OR RECOMMENDATIONS ON THE WEBSITE, EVEN IF PARTICLE SOLUTIONS OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

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YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA  (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

 

Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Despite the foregoing limitation of liability for damages, if a court or other tribunal of competent jurisdiction decides to award monetary damages to you for any claim or cause of action arising from the same, the amount of monetary damages for such claim or cause of action shall not exceed one hundred U.S. dollars ($100).

 

Use of This Website

You agree not to do any of the following while visiting or using this website or receiving any services provided by or through this website:

 

• Impersonate or misrepresent your affiliation with any person or entity;

• Post or transmit any unsolicited advertising, promotional materials, junk mail, spam or any other form of solicitation on this website or through the services;

• Post or transmit any information or material that is defamatory, offensive, indecent, obscene or unlawful or that misappropriates, infringes or otherwise violates the intellectual property, privacy or other rights of any person or entity;

• Post or transmit any information or software that contains a virus, Trojan horse, worm or other harmful components;

• Violate any applicable law or regulation, including, without limitation, any local, state, provincial, national or international law, any export control laws or any regulations promulgated by any state or federal authority;

• Access or use password-protected, secure or non-public areas of this website without authorization;

• Frame, repackage or otherwise publish or re-distribute any portion of this website;

• Use any automated means to access or use the website, including scripts, bots, scrapers, data miners, or similar software;

• Attempt to or actually disrupt, impair, or interfere with the website or any Site Content; or

• Attempt to probe, scan, or test the vulnerability of the website or breach any implemented security or authentication measures, regardless of your motives or intent.

 

Particle Solutions may, at its sole discretion, take any action it deems necessary, including, but not limited to, termination of access to this website if it believes a user's conduct or content fails to conform to the terms and conditions provided in these Terms of Use or may create liability for Particle Solutions, our affiliates, partners, suppliers or other users. Particle Solutions will not be liable to you or any third party as a result of such termination and modification. The terms and conditions provided in the Terms of Use will survive any such termination and modification.

 

Hyperlinks

Our website may contain hyperlinks to websites owned and/or controlled by other parties. Access to any other website is at your own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements accessible from these websites, and we do not make any representations or warranties about them. Third-party-linked websites and their contents should not be attributed to Particle Solutions in any manner. We provide these hyperlinks merely as a convenience, and the hyperlinks are not an endorsement of any product, service, individual or entity.

 

Reservation

Any rights relating to the website that are not expressly granted in these Terms of Use are reserved to us. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

 

Trademarks

"Particle Solutions” and the Particle Solutions logo are trademarks of Particle Solutions. Any use of “Particle Solutions” except as permitted herein is prohibited and may be in violation of trademark law and other laws. All trademarks, logos, trade names, trade dress, service marks and products ofParticle Solutions ("Marks") displayed on our website are the property of Particle Solutions or third parties, are protected in the United States and internationally, and may not be used for advertising or publicity purposes, or to indicate any affiliation with, or endorsement by, Particle Solutions. These Marks may not be used in whole or in part without the prior written permission of such owners.

 

Copyright Infringement Complaints

If you believe a work protected by a U.S. copyright you own has been posted on the website without authorization, you may notify our copyright agent, and provide the following information:
 

(a)        identification of the copyrighted work or works claimed to have been infringed;

(b)        a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it,

            including the URL or other description of where the infringing material appears;

(c)        your name, mailing address, telephone number, and e-mail address;

(d)        a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is

            not authorized by the copyright owner, its agent, or the law; 

(e)        a statement by you that the above information is accurate and, under penalty of perjury, that

            you are authorized to act on behalf of the owner of the copyright allegedly infringed; and

(f)         a physical or electronic signature of the person authorized to act on behalf of the copyright owner.

 

To notify Particle Solutions of a claimed copyright infringement, please contact:

 

Particle Solutions

24 Hagerty Blvd. Suite 1​

West Chester PA, 19382

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Access and Use Where Prohibited

Access to and use of our website are unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation this provision.

 

Operation of the Website from the United States of America

By accessing and using the website, you acknowledge and agree that Particle Solutions controls and operates all parts of the website from its offices in the United States of America and that the website, and the information contained on the website, is intended for use by users located in the United States of America. Other countries may have laws, regulatory requirements and medical practices that differ from those in the United State of America. Unless expressly stated to the contrary, Particle Solutions makes no representation that the website, or the information contained on the website, is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all material and content found on or accessible through the website is solely directed to individuals, companies, or other entities located in the United States of America. Particle Solutions reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the website is void where prohibited.  If you access or use the website from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the website in violation of applicable export laws and regulations.

 

Applicable Law and Venue

Any action related to these Terms of Use will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You and Particle Solutions agree and consent that jurisdiction, proper venue, and the most convenient forums for all claims, actions, and proceedings of any kind relating to our website or the Terms of Use will be exclusively in the federal or state courts of Pennsylvania.

 

Miscellaneous

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with these Terms of Use.

 

No action arising out of these Terms of Use or your access to or use of our website, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.

 

If Particle Solutions does take any legal action against you as a result of your violation of these Terms of Use, Particle Solutions will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Particle Solutions. You agree that Particle Solutions will not be liable to you or to any third party for termination of your access to, or use of, any of our website as a result of any violation of these Terms of Use or for any reason at all.

 

You may not assign, by operation of law or otherwise, any rights or delegate any duties under these Terms of Use to any third party without prior written consent by Particle Solutions. Any purported assignment lacking such consent will be void at its inception. Particle Solutions may assign all or part of its rights and/or delegate all or part of its duties under these Terms of Use to any party, at any time, and in its sole discretion, upon notice of assignment by posting such notice on our website.