Home
Member Login
Open a New Account
Features
Overview
Online Searching
Spectral Libraries
Data File Formats
Price List
Search Demo
Instructions
Example Data Files
Try the Demo
About
Privacy Statement
Terms of Service
Legal Notices
Support
FAQs
Feedback
Contacts
Powered by GRAMS/AI
 
  Terms of Service                    
 
You have elected to register for use of the FTIRsearch service (the "Service"). The Service is provided to registered users ("You") under these Terms and Conditions of Use ("Agreement").

By completing the registration process and clicking on the "Accept Terms" button on the Registration Form, You agree to be legally bound by all of the terms and conditions of this Agreement, including any modifications to this Agreement. If You do not agree with any of the terms and conditions set forth in this Agreement, do not click on the "Accept Terms" button on the Registration Form.

1. Description of Service
Subject to FTIRsearch´s acceptance of Your registration, Your account set-up and Your compliance with the terms and conditions of this Agreement, FTIRsearch will provide a service for you to search against commercial databases that are owned, licensed and marketed by Thermo Scientific (see 16. Copyright of Databases). You will be able to perform a text search or spectral search against the databases and display the result.

2. Conditions of Use
You are solely responsible for the use of Your member account and the content of all data upload to the server. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will:

(a) not use the Service for any illegal purposes;

(b) not use the Service to upload, retrieve, transmit or view any file, data, image or program ("Content") that contains:

(i) any false, misleading, fraudulent or illegal pictures, materials or information;

(ii) any harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;

(iv) any code or material that violates the intellectual property rights of others; or

(v) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features;

(c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service;

(d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service;

(e) comply with all regulations, policies and procedures of networks through which You access and use the Service;

(f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account; and

(g) not attempt to gain unauthorized access to any servers controlled by FTIRsearch or decompile, reverse engineer or disassemble any software used in connection with FTIRsearch.

3. Registration Information
You will promptly notify FTIRsearch of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your mailing address, telephone numbers or email address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." FTIRsearch´s policy regarding the privacy and use of the Registration Information is set forth in FTIRsearch´s Privacy Policy, as the same may be modified and amended by FTIRsearch from time to time (the "Privacy Policy"). When You accept this Agreement, You acknowledge that You also agree to the terms of the Privacy Policy.

4. Account and Password
After You accept this Agreement and Your registration has been accepted by FTIRsearch, You will receive a password ("Password") and Your Account will be established. You are entirely responsible for any and all activities that occur under Your Account and Password, whether or not such use was authorized by You. You will notify FTIRsearch of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.

5. Security of Uploaded Data
FTIRsearch will endeavor to secure and encrypt Your uploaded data during transmission to the FTIRsearch server and its temporary storage therein. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, You hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the data and files You have uploaded while using Your Account. Further, You hereby acknowledge that any third party may access, view, copy, modify and distribute the data and files You upload in any public folder or newsgroup on the FTIRsearch servers.

7. Content of Uploaded Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files uploaded by You on FTIRsearch´s servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. By uploading any Content, You represent and warrant that You have the lawful right to reproduce and distribute such Content. FTIRsearch does not review, inspect, edit or monitor any Content uploaded by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. FTIRsearch will respond to complaints of copyright violations according to its Copyright Policy. FTIRsearch reserves the right to refuse, remove or disable access to any data or files uploaded on FTIRsearch´s servers that FTIRsearch learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable, although it has no obligation to do so.

8. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. FTIRSEARCH, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. FTIRSEARCH MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU UPLOAD IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.

9. Limitations of Liability
IN NO EVENT SHALL FTIRSEARCH OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES UPLOADED THEREIN.

10. Force Majeure
FTIRsearch will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FTIRsearch.

11. Indemnification
You will defend, indemnify and hold FTIRsearch, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys´ fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and Content uploaded by You or others using Your Account and otherwise on the FTIRsearch servers and (c) any violation of this Agreement by You.

12. Termination
Either you or FTIRsearch may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 13 below. Further, if FTIRsearch believes, in its sole and absolute discretion, that You have violated Your obligations under this Agreement or materially exceeded the level of services that FTIRsearch has agreed to provide, FTIRsearch may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data files uploaded by You on FTIRsearch´s servers and/or terminate this Agreement. FTIRsearch may, but is not obligated to, provide You with a warning and a time in which to cure prior to suspending the account. FTIRsearch will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify FTIRsearch of such termination. Upon any termination of this Agreement, You will cease use of the Service. FTIRsearch may, but has no obligation to, destroy any of Your uploaded data files that are not removed from FTIRsearch´s servers within five (5)-days after termination by You. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 15 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.

13. Notices
Any notice under this Agreement given by FTIRsearch to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information. Any notice under this Agreement given by You to FTIRsearch will be deemed to be properly given if received by email or by first class postage prepaid U.S. mail, return receipt requested, to any of the addresses given on the Contacts Information Page. Both FTIRsearch and You may from time to time change addresses for notices under this paragraph by giving the other party notice of the change in accordance with this paragraph.

14. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

15. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by FTIRsearch from time to time. Upon any such change, FTIRsearch will notify You of such change in accordance with paragraph 13 above or post an updated version of this Agreement on the FTIRsearch Web site located at http://FTIRsearch.com. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.

16. Copyright of Databases
This web site contains commercial databases which are protected on copyright law. Copyright © © 2001-2006 Thermo Fisher Scientific, Inc. Printed in the United All rights reserved.
States of America. All world rights reserved. No part of this Web content may be stored in a retrieval system, transmitted, or reproduced in any way, including but not limited to photocopy, photograph, magnetic or other record, without the prior written permission of Thermo Fisher.

17. Availability
Information published at this site may refer to products, programs or services that are not available in your country. Such references do not imply that Thermo Fisher intends to make them available in your country. Consult your local Thermo Fisher distributor of Nicolet or Informatics products for information regarding products, programs or services that may be available to you.

18. Miscellaneous
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. FTIRsearch´s failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of Massachusetts, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in (Suffolk County) Boston, Massachusetts, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. In the event of any legal proceeding between you and FTIRsearch, Thermo Fisher, neither party may claim the right to a trial by jury and all parties waive any right they may have under applicable law or otherwise to a trial by jury. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.

 

 

Copyright © 2001-2017 Thermo Fisher Scientific, Inc. All rights reserved.   Legal Notices   Privacy Statement