Welcome to the website of Continuum Powders. (“Continuum”, “we”, “us” or “our”). Please read these Terms of Use (the “Terms”) and our Privacy Notice available at (hyperlink) (“Privacy Notice”) carefully because they govern your access to and use of continuumpowders.com, including any content, functionality and services offered on or through continuumpowders.com (the “Site”), whether as a guest or a registered user. Please note that these Terms do not apply to any hardware, devices, or other equipment that Continuum sells or otherwise provides to its customers and end-users (including any software provided in connection therewith), and the terms and conditions applicable to such equipment and related software is contained in the separate customer agreement entered into by the applicable customer with Continuum.
ATTENTION: By using the Site, you acceptand agree to be bound and abide by these Terms and our Privacy Notice.
IF YOU DO NOT ACCEPT THESE TERMS OR AGREETO BE BOUND BY THESE TERMS, DO NOT USE THE SITE.
The Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Continuum. If you do not 18 years of age or older, you must not access or use the Site.
Please review our Privacy Policy, which also governs your use of the Site, for information on how we collect, use, and share your information.
We may update or otherwise modify the Terms from time to time in our sole discretion. If we do, we will provide notice to users of such changes by posting the updated Terms on the Site. If you continue to use the Site after we have posted updated Terms, it means that you that you accept and agree to the changes. You are expected to check this page, so you are aware of any changes, as they are binding on you. If you don’t agree to be bound by the changes, you may not use the Site anymore. We may change or discontinue all or any part of the Site, at any time and without notice, at our sole discretion.
[As a condition of your use of this Site, you will not use the Site, or the information contained herein (the “Site Information”) for any purpose that is unlawful or prohibited by these Terms.
1. Intellectual Property
We may make available through the Site content that is subject to intellectual property rights. All rights in the Site and its entire contents and information, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are retained by Continuum, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. We grant you permission to display, copy, distribute and download the content on this Site for personal, noncommercial use only, provided you do not modify the content and materials and that you retain all copyright and other proprietary notices contained in the content and materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any content or material on the Site for public or commercial use without our prior written approval. Any rights not expressly granted herein are reserved. The use of press releases and other documents classified as public is permitted in public communications if the source of the information has been stated.
“Continuum Powders”, the Continuum logo and all related names, logos, product and service names, designs and slogans are trademarks of Continuum Powders. You must not use such marks without the prior written permission of Continuum. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Please note that any product, process, or technology described in this Site may be the subject of other intellectual property rights reserved by Continuum or a third party. No right to use such intellectual property right is granted hereunder.
2. Feedback
We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Site (“Feedback”). If you choose to submit Feedback, you hereby agree that we are free to use it without anyr estrictions or compensation to you or other users.
3. Submissions and Information Collected
We may from time to time provide tools or features on the Site the permit users or our customers to communicate with us using the Site, such as to obtain customer or technical support about our products and services or learn more about our company. If you use the interactive assistant, ‘contact us’, ‘learn more’ or other similar tools or features that we make available from time to time on the Site to communicate with us, please do not include sensitive, confidential or proprietary information when using these features.
4. General Prohibitions and Continuum’s Enforcement Rights
You agree not to do any of the following:
· Use, display, mirror or frame the Site or any individual element within the Site, Continuum’s name, any Continuum trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
· Access, tamper with or use non-public areas of the Site, Continuum computer systems or the technical delivery systems of Continuum providers;
· Attempt to probe, scan, or test the vulnerability of any Continuum system or network or breach any security or authentication measures;
· Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Continuum or any of Continuum’s providers or any other third party to protect the Site;
· Attempt to access or search the Site or download content from the Site using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Continuum or other generally available third-party web browsers;
· Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
· Use any meta tags or other hidden text or metadata utilizing a Continuum trademark, logo URL or product name without Continuum’s express written consent;
· Use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
· Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive, or false source-identifying information;
· Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site;
· Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
· Collect or store any personally identifiable information from the Site from other users of the Site without their express permission;
· Impersonate or misrepresent your affiliation with any person or entity;
· Violate any applicable law or regulation ;or
· Encourage or enable any other individual to do any of the foregoing.
Continuum is not obligated to monitor access to or use of the Site or to review or edit any content. However, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
5. Disclaimers
YOUR USE OF THE SITE, ITS CONTENT, ALL SITE INFORMATION AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THIS SITE AND ALL SITE INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CONTINUUM EXPLICITLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WHETHER STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEITHER CONTINUUMN OR ANY PERSON ASSOCIATED WITH CONTINUUM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, TIMELINESS, TRUTHFULNESS, ACCURACY OR AVAILABILITY OF THE SITE, SITE INFORMATION OR CONTENT ON THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CONTINUUM NOR ANYONE ASSOCIATED WITH CONTINUUM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITEWILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CONTINUUM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS OR AGENTS, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY SITE INFORMATION OR OTHER CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVEOR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR ITEMS OF ANY KIND, AND WHETHER BASED ON TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONTINUUM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THESITE, SITE INFORMATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
The information presented on or through the Site, including but not limited to all Site Information, is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents. Continuum has no obligation to update, amend or clarify information on the Site, including but not limited to all Site Information.
7. Indemnity
You agree to release, defend, indemnify and hold Continuum, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from and against any and all claims, disputes, demands, liabilities, damages, judgments, awards, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees and costs, arising out of or in any way connected with (a) your violation of these Terms, or (b) your access to or use of this Site or any Site Information.
8. Linking
This Site may allow you to access third-party websites or other resources, or it may be linked with other websites, either with or without the consent of Continuum and these links are provided for your convenience only. We provide access only as a convenience and are not responsible for the content, products, or services on or available from those resources or links displayed on such websites. These third-party links may include links contained in advertisements, including banner advertisements and sponsored links. Continuum is not responsible for the content of any linked or linking website and does not endorse the companies, institutions, organizations, or products to which it links (or is linked). If you decide to access any of the third-party websites linked to this Site, or if you link to this Site from some other website, you acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources, and that you may be subject to the terms and conditions of use for such third-party resources.
9. Export and Trade Controls
The export control laws of the United States and other countries in which Continuum conducts business prohibit the export and/or re-export of certain technical data and software to certain countries or territories. You will not download or otherwise transmit content from this Site in violation of the applicable countries’ export laws.
10. Miscellaneous
If any provision of these Terms is found to be invalid, unlawful or unenforceable by an arbitrator or a court of competent jurisdiction in any respect, the provision will be enforced to the maximum extent permissible so as to render it enforceable and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Continuum may freely assign or transfer its rights and duties under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
These Terms and any action related thereto will be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of laws principles or rule (whether of the State of California or any other jurisdiction). The parties expressly consent to the personal and exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, and you waive any objection based on improper venue or forumnon conveniens.
Continuum’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Continuum. No waiver by Continuum of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
These Terms, together with the Privacy Notice, constitute the sole and entire agreement between you and Continuum regarding the Site.
If you have any questions about these Terms or the Site, please contact us here.
