Terms of Use

This website is operated by Intermolecular, Inc. (“we” or “us”). Please read the terms and conditions of use for this website set forth below (the “Terms of Use”) carefully before using this website. By accessing this website, you signify your assent to the Terms of Use.

License to View, Copy, and Print Documents and Restrictions

Unless otherwise expressly noted on a particular page of the website, you are authorized to view, copy, and print the materials made publicly available on this website, including documents, text, and images (collectively, “Materials”), subject to the following conditions:

  • You may view, copy and print the Materials solely for your internal non-commercial purposes.
  • You may not alter or modify the Materials in any way.
  • Any copy of the Materials or portion thereof must include the copyright notice associated with the Materials.

You may not:

  • use any images, graphics or other content separate from any accompanying text or otherwise rearrange the Materials.
  • sell, license or publicly distribute the Materials, in whole or in part, whether alone or incorporated in other works.
  • upload any material depicting or promoting sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age or that could otherwise give rise to any civil or criminal liability under applicable laws or regulations;
  • impersonate any other person, or misrepresent your identity or affiliation with any person or organization;
  • conduct yourself in a vulgar, offensive, defamatory, harassing or objectionable manner;
  • create a risk to public safety or health in general or to any individual’s health and safety; and
  • upload or otherwise send or transmit any material that contains viruses or any other harmful computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment associated with the Site.

We may terminate the limited license granted to you above for unauthorized use of this website, or violation of these Terms of Use.

Trademarks

“Intermolecular,” “HPC” and “Tempus” are trademarks of Intermolecular, Inc. All trademarks of third parties referenced on this website are the property of their respective owners.

IP Rights

Nothing contained in these Terms of use shall be construed as conferring by implication, estoppel, or any other legal theory, a license or right to any patent, trademark, copyright, or other intellectual property right, except as expressly provided above in these Terms of Use. The inventions, methods, processes, products, software and other technology described on this website are owned by Intermolecular, Inc. or its third party partners and no licenses to the foregoing are granted in these Terms of Use.

Submissions

Except for information that identifies an individual, any communications, material, or information you submit in any form via this website, including any data, questions, comments, suggestions or other information (collectively, “Submissions”), are and will be treated as non-confidential and non-proprietary information. We may use, reproduce, distribute, publicly disclose and otherwise exploit Submissions and any intellectual property rights therein for any purpose, whether commercial or otherwise.

Use of Personally Identifiable Information

Information that identifies an individual (e.g., names, contact information) that is submitted to us through forms on this website is governed by our Privacy Policy which is available through this website.

Linked Sites

This website may contain links to websites controlled by third parties. We are not responsible for the content of any linked site or any link contained in a linked site. We do not endorse companies or products to which this website is linked or which link to this website. We reserve the right to terminate any link from or to a third party website at any time. If you decide to access any of the third party websites linked to this website, you do this entirely at your own risk

Extranet

Access to certain pages of this website (the “Extranet”) requires a login and password. If there is a written agreement between your employer and us regarding your access to and use of the Extranet, then your use of the Extranet and the information or programs available thereon, and our use of any personally identifiable information you disclose via the Extranet, will be governed by such agreement. Otherwise such use and disclosure is governed by these Terms of Use and our Privacy Policy.

Applicable Laws

We control this website from our offices within the United States of America. We make no representation that the Materials are appropriate or will be available for use in any location. Accessing this website or Materials from territories where such access is illegal is prohibited. You are responsible for compliance with all applicable national and local laws with respect to your access to this website and the Materials. You may not use or export any Materials, or any information contained therein, in violation of U.S. export laws and regulations. These Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California.

Disclaimer

THIS WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL INTERMOLECULAR, INC. OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS, EVEN IF INTERMOLECULAR, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Intermolecular, Inc. and its suppliers further do not warrant the accuracy or completeness of the information contained in the Materials. Intermolecular, Inc. may make changes to the website and the Materials at any time without notice. Intermolecular, Inc. makes no commitment to update this website or the Materials.

Indemnity

You agree to protect and fully indemnify and hold harmless Intermolecular and any third-party service provider (and all of their respective employees, directors, agents, affiliates and representatives) from any and all claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys’ fees) caused by, related to or arising from your use of this website, your violation of these Terms of Use including any representations, warranties and covenants herein, violation of any applicable law, rules or regulation or the Privacy Policy, or your infringement, or infringement of any intellectual property or other right of anyone.

Changes to the Terms of Use

We may revise these Terms of Use at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use. Your continued use of this website after the Terms of Use have been updated indicates your assent to the updated terms. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or other express terms located on particular pages of this website.

Reservation of Rights

Intermolecular reserves the right, but does not assume the obligation, to monitor data and communications that occur through this website as permitted under applicable law. If Intermolecular determines, in its sole and absolute discretion, that you or another user may violate these Terms of Use or that such transaction or communication is inappropriate, Intermolecular may cancel such transaction, terminate your access to the website or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. Intermolecular may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Intermolecular’s rights or property, or the rights or property of visitors to or users of the website. Intermolecular also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Intermolecular may preserve any transmittal or communication by you with Intermolecular  through this website and may also disclose such data if required to do so by law or if Intermolecular determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Intermolecular, its employees, users of or visitors to this website, and the public.  You agree that Intermolecular will not be liable to you or to any third party for termination of your access to this website as a result of any violation of these Terms of Use.

Other Provisions

These Terms of Use, and our Privacy Policy constitute the entire agreement between you and Intermolecular regarding the website. The waiver by us of your default shall not waive subsequent defaults of the same or different kind. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. Headings are included for convenience only, and shall not be considered in interpreting these Terms of Use. You agree that Intermolecular may provide notice to you and other information concerning the Site electronically, including any notice to any email address supplied by you. You may not use or export or re-export any content or any copy or adaptation of such content, or any product or service offered on the website, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

 

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All rights reserved.