MSDSonline ® Use of Content Terms & Conditions
Use of MSDSonline® Content is governed by the following terms and conditions. Your use of MSDSonline® content confirms that you have read and agree to the terms found below.
All materials, products and services available on or through this site and through MSDSonline are provided "as is" and “as available,” without any warranties or guaranties whatsoever, whether express or implied. MSDSonline disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title and infringement. MSDSonline does not represent, warrant or covenant that this site and the materials (including, but not limited to, MSDS documents), products and services available on or through this site and through MSDSonline are or will be accurate, current, complete, reliable, appropriate for any particular use to which you, or your company, may choose to put them, or that they are or will be available on an uninterrupted and error-free basis, that defects will be corrected, or that this site and the materials, products and services available on or through this site are free of viruses or other harmful components.
Maintenance of MSDS Documents
MSDSonline assumes no responsibility or other obligation whatsoever for the selection, maintenance and updating of MSDS documents accessible, accessed and obtained on or through the site or other products and services of MSDSonline, by or on behalf of you, or your company. In no event shall MSDSonline be liable to you or any other person or entity for any loss, damage or expense relating to the selection, maintenance, updating, retention, availability, accessibility or use of MSDS documents by you, your company, or any third party. You are responsible for confirming that any MSDS document that you may access, select, use, or otherwise obtain from the site or MSDSonline, is applicable to and appropriate for the specific product for which you seek or need an MSDS document. You acknowledge that MSDSonline does not produce the information contained in MSDS documents and that MSDSonline assumes no responsibility, liability or obligation whatsoever with respect to the accuracy, usefulness, completeness or currency of information contained in any MSDS document accessed or accessible on or through the site or the products and services of MSDSonline.
Limitation of Liability
Neither MSDSonline, its subsidiaries, contractors, suppliers, co-branders and other similar entities, nor the officers, directors, employees, representatives and agents of any of the foregoing (all such individuals and entities as listed heretofore in this sentence, collectively, the “MSDSonline associates”), shall be liable to you, your company, or any third party for any loss, cost, damage or other injury, whether in contract, tort, negligence, strict liability or otherwise, arising out of or in connection with: (a) your use, negligent use or non-use, or your reliance on or failure to rely on the site, the content, and the materials (including, but not limited to, MSDS documents), products and services accessible, accessed or used on or through the site or MSDSonline; (b) any decisions made or not made, or actions taken or not taken by you, your company, or any third party with regard to, in reliance on, or as a result of, access and use of the site, the content, and the materials (including, but not limited to, MSDS documents), products and services available on or through the site and MSDSonline; (c) MSDSonline ’s performance of or failure to perform its obligations under or in connection with this agreement, or (d) your purchase and use of any goods or services provided by third parties through MSDSonline. Under no circumstances shall the MSDSonline associates be liable to you, your company or any third party for any indirect, consequential, incidental, punitive, special or similar damages or costs (including, but not limited to, lost profits or data, loss of goodwill, loss of or damage to property, loss of use, business interruption and claims of third parties, arising out of or in connection with t his agreement, the use, negligent use or non-use of materials (including, but not limited to, MSDS documents), products and services available on or through the site or MSDSonline, the use, copying or display of this site or the content, transmission of information to or from the site over the internet, or any other cause beyond the control of MSDSonline), even if MSDSonline was advised, knew or should have known of the possibility of such damages or costs. In a jurisdiction that does not allow the exclusion or limitation of liability for certain damages, the liability of the MSDSonline associates shall be limited in accordance with this agreement to the fullest extent permitted by law. Without limiting any of the foregoing, if any of the MSDSonline associates are found liable to you or any third party as a result of any claims or other matters arising under or in connection with this agreement, the MSDSonline associates’ collective, aggregate and maximum liability for all such claims and other matters in any calendar year shall not exceed $100.
You agree to indemnify, defend and hold all of the MSDSonline Associates harmless from and against all claims, demands, suits or other proceedings, and all resulting loss, damage, liability, cost and expense (including reasonable attorneys' fees), made by any third party due to or arising out of content, data or information you submit, post to or transmit through the Site, your access to and use, negligent use or non-use of the Content, the Site and other materials (such as MSDS documents), products and services available on or through the Site and MSDSonline, your violation of this Agreement or your violation of any rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you. All rights and duties of indemnification set forth herein shall survive termination of this Agreement.