1. Acceptance of Terms

Your use of the ACTIO Corporation (“Actio”) website and all affiliated websites including MSDSXchange™ and other ACTIO sites (the “Sites”) and all information, products and services on the Sites, (collectively, the “Services”) are subject to the terms set forth (“Terms”). We may update these Terms from time to time without giving you notice and you are responsible for checking these terms. By using these services, you agree to each of the terms set forth below. If you do not agree to these terms you are not authorized to use any of these services.

If any conflict arises between these Terms and the Actio Software Corporation Service Agreement (the “Agreement”), the Agreement prevails.

2. No Licenses Granted

Use of the Site, does not grant you any intellectual property licensees or proprietary rights in any material whatsoever whether it be the material of ACTIO or third parties.

You also understand that subscription to the MSDSXchange ™ service (if applicable to you) and access to that site does not give you the right to sell, alter, modify, license, sublicense, or copy materials on the sites of third-parties in any way. The third party websites you access through MSDSXchange ™ are not owned, operated or otherwise affiliated with Actio Corporation. Actio Corporation does not warrant the accuracy of the information on these web sites and users are cautioned to abide by the web sites’ accessed terms of use. Subscription to the MSDSXchange ™ service may be revoked by Actio at any time and without cause.

Any questions regarding your rights in material accessed through the Sites should be made to Actio Corporation using the contact information given at the end of this document.

3. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ACTIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESED OR IMPLIED. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABLITITY, FITNESS OF A PARTICULAR PURPOSE AND NON-INFRINGEMENT.



2. ANY MATERIAL DOWLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM. YOU UNDERSTAND THAT EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY ACTIO, ACTIO DOES NOT REVIEW, OPERATE, OR CONTROL, ANY MATERIAL, INFORMATION, PRODUCTS, OR SERVICES ON WEBSITES OF THIRD PARTIES, INCLUDING THOSE ACCESIBLE THROUGH ACTIO’S SITES.



3. ACTIO DOES NOT WARRANT THAT INFORMATION OF THIRD PARTIES, INCLUDING MSDS INFORMATION, IS UP TO DATE, IN COMPLIANCE, OR FULLY ACCURATE.

4. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ACTIO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF THE SITES AND/OR INFORMATION OR FROM THE USE OF OR INABILITY TO USE THE SITE.

5. Waiver of Responsibility for Defective or Contaminated Materials

ACTIO disclaims any responsibility for any errors or omissions such as unintended technical inaccuracies or typographical errors, in any materials. You also understand that ACTIO cannot and does not guarantee or warrant that files accessible will be free of “infection” or “viruses,” “worms,” “Trojan Horses” or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Actio Sites for the construction of lost data. Use of the Actio Sites and the internet generally is at the User’s own risk.

6. Choice of Law

This agreement shall all be governed and construed in accordance with the laws of the State of New Hampshire applicable to agreements made and to be performed in New Hampshire.

7. Further Information

For Further Information, contact

Actio Corporation
6 Merrill Industrial Drive
Hampton, NH 03842
Email: contact@actiocms.com
Tel: 603.929.2110
Fax: 603.929.1442