Website Terms
STERIGENICS.COM WEBSITE Terms of Use
The STERIGENICS.COM website ("STERIGENICS.COM") is owned, operated, and maintained by Sterigenics U.S., LLC and its affiliates and subsidiaries, as applicable, (collectively, "STERIGENICS.COM"), headquartered at 2015 Spring Road, Suite 650, Oak Brook, Illinois 60523.
ACCEPTANCE OF TERMS
Please review these Terms of Use which govern your use of our websites, including but not limited to STERIGENICS.COM. STERIGENICS.COM is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein. By accessing, browsing or using our websites, you acknowledge that you have read, understand and agree to be bound by these terms. We control and operate these sites from our offices within the United States. Claims relating to, including the use of, our websites and the materials contained herein are governed by the laws of the United States and the State of Illinois. If you choose to access our websites from another location, you do so on your own initiative and are responsible for compliance with all applicable local laws. Your use of a particular section of the STERIGENICS.COM site included within the STERIGENICS.COM site may also be subject to additional terms as set forth in such section ("Additional Terms"). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular section of the STERIGENICS.COM site, then the terms contained herein shall control.
WEBSITE LICENSE AND ACCESS
STERIGENICS grants you a limited, non-exclusive, revocable license to access and make business use of the STERIGENICS.COM site but not to download (other than page caching) or modify it, or any portion of it, except with the prior express written consent of STERIGENICS. Business use includes use of the services necessary to carry out your legitimate proprietary business purpose but does not include any derivative use of this site or its contents or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other Proprietary Material, as defined below, of STERIGENICS and/or its affiliates without prior express written consent of STERIGENICS. You may not use any meta tags or any other "hidden text" utilizing STERIGENICS' name, trademarks or other Proprietary Material without the prior express written consent of STERIGENICS. Any unauthorized use terminates the permission or license granted by STERIGENICS. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of STERIGENICS (WWW.STERIGENICS.COM) so long as the link does not portray STERIGENICS, its affiliates, or their content, products, or services in a false, misleading, derogatory, or otherwise offensive matter as determined in the sole discretion of STERIGENICS. You may not use any STERIGENICS logo or other proprietary graphic or trademark as part of the link without prior express written permission of STERIGENICS.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of STERIGENICS.COM site, you will not use STERIGENICS.COM site for any purpose that is unlawful or prohibited by these terms, conditions, and notices or gain unauthorized access. You may not use STERIGENICS.COM site in any manner which could damage, disable, overburden, or impair the STERIGENICS.COM site (or the network(s) connected to the STERIGENICS.COM site) or interfere with any other party's use and enjoyment of the STERIGENICS.COM site.
MODIFICATION OF THESE TERMS OF USE
STERIGENICS reserves the right to modify these Terms of Use under which the STERIGENICS.COM site are offered. You are responsible for regularly reviewing these terms and conditions and Additional Terms posted on other sections of STERIGENICS.COM site.
TERMINATION/ACCESS RESTRICTION
STERIGENICS reserves the right, to terminate or limit your access to any or all of the STERIGENICS.COM site and related services (including but not limited to access to STERIGENICS.COM site electronic mail) or any portion thereof at any time, without notice, if you violate any terms in this Terms of Use or any Additional Terms set forth in any section of the STERIGENICS.COM site.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider's Designated Agent.
| Send notifications to: |
Sterigenics U.S., LLC., 2015 Spring Road, Suite 650
Oak Brook, Illinois 60523, Attn: General Counsel |
LINKS TO THIRD PARTY SITES
The STERIGENICS.COM site may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of STERIGENICS and STERIGENICS is not responsible for any of the content of any Linked Site. STERIGENICS is not responsible for webcasting or any other form of transmission received from any Linked Site nor is STERIGENICS responsible if the Linked Site is not functioning appropriately. STERIGENICS does not endorse Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the STERIGENICS.COM site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. STERIGENICS shall not be responsible or liable for any part of any such dealings or promotions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE STERIGENICS.COM SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE STERIGENICS.COM SITE AND TO THE INFORMATION THEREIN. STERIGENICS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE STERIGENICS.COM SITE AT ANY TIME. STERIGENICS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE INFORMATION CONTAINED WITHIN THE STERIGENICS.COM SITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. STERIGENICS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. YOU SPECIFICALLY AGREE THAT STERIGENICS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED THROUGH THE STERIGENICS.COM SITE. YOU SPECIFICALLY AGREE THAT STERIGENICS IS NOT RESPONISIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT STERIGENICS IS NOT RESPONISIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE STERIGENICS.COM SITE BY ANY THIRD PARTY. IN NO EVENT SHALL STERIGENICS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR YOUR USE OF THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT CONTAINED IN SUBMISSIONS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS, LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE STERIGENICS.COM SITE, WITH THE DELAY OR INABILITY TO USE THE STERIGENICS.COM SITE OR RELATED SERVICES (RESULTING FROM INCREASED INTERNET TRAFFIC, TECHNOLOGICAL MALFUNCTION, OR ANY OTHER REASON), THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE STERIGENICS.COM SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STERIGENICS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE STERIGENICS.COM SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE STERIGENICS.COM SITE.
INDEMNIFICATION
You will defend, indemnify and hold harmless STERIGENICS and its successors, assigns, subsidiaries and affiliates (collectively the "Indemnitees"), on demand, from any liabilities and expenses, including but not limited to attorneys' and accountants' fees, investigation costs, travel costs, transcript costs, disbursements, settlement amounts, judgments, lost profits, lost business opportunities, fines or penalties, which any Indemnitees incur in connection with, in settlement of or resulting from any claims, actions, suits or proceedings (whether civil, criminal, administrative or investigative, including all associated appeals) which involve or threaten any Indemnitees, as parties or otherwise, that are in any way based upon or associated with your failure to satisfy any obligations set forth in this Terms of Use.
APPLICABLE LAW
The validity, construction, and performance of this Agreement shall be governed by, and interpreted in accordance with the internal laws (and not the laws of conflict) of the State of Illinois and of the United States of America.
ARBITRATION
Except for injunctive relief, any controversy or claim arising out of or relating to this Terms of Use, the breach thereof or the relationship of the parties, including any claim or contro¬versy as to the arbitrability of any claim or controversy and any claim for rescission, which the parties are unable to resolve after using their best efforts to resolve, shall be settled by arbitration by a panel of one impartial arbitrator in Chicago, Illinois in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrators shall be chosen as follows: Each party shall jointly select an arbitrator. In the event that the parties are unable to jointly select an arbitrator, then the parties' counsel shall be charged with selecting an acceptable arbitrator. The arbitrator shall have no less than two years experience in the Internet industry. No person shall be appointed an arbitrator if the person has a conflict between his personal, business or employment interests and the interests of the parties in their business or the protection of their Confidential Information. Arbitration shall be conducted in accordance with the Federal Rules of Civil Procedure of the United States of America, including the availability of discovery, and the Federal Rules of Evidence of the United States of America, and any party to the arbitration shall be entitled, upon motion, to a protective order restricting the use and disclosure of its Confidential Information or to maintain confidentiality and secrecy of the arbitration proceeding itself. In all circumstances, arbitration shall be conducted on an individual, not a class-wide, basis. Judgment upon the award rendered by the arbitrator may be entered and enforced in any court having jurisdiction thereof.
DISCLOSURE, SEVERABILITY AND SURVIVAL
STERIGENICS reserves the right to disclose any personal information about you or your use of the STERIGENICS.COM site without your prior permission if STERIGENICS has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of STERIGENICS or its affiliated companies; (3) enforce the Terms of Use; or (4) act to protect the interests of its users. STERIGENICS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of STERIGENICS' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the STERIGENICS.COM site or information provided to or gathered by STERIGENICS with respect to such use. If any part of this agreement 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 the agreement shall continue in effect. Your non-disclosure obligations under this Terms of Use shall survive and continue until said Proprietary Material becomes part of the public domain, through no fault of yours, in which case, your non-disclosure obligations shall cease as concerns solely that portion of Proprietary Material which so becomes part of the public domain.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Terms of Use and the terms and conditions in your processing services agreement, if any, constitute the entire agreement between the user and STERIGENICS with respect to the STERIGENICS.COM site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and STERIGENICS with respect to the STERIGENICS.COM site.
ELECTRONIC RECORDS AND COMMUNICATIONS
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
