Terms of use & Privacy policy
Welcome to naotrixx.com (the “Site”), the website of Nanotrixx (collectively referred to herein as “we,” “us,” or “our”). By accessing this Site and purchasing a Product or Service from us, you fully understand and agree to comply and be bound by the terms and conditions set forth below (“Terms of Use”) and the Privacy Policy, which is hereby incorporated (“Agreement”).
We reserve the right, at any time and without notice, to add to, change, update or modify this Terms of Use and Privacy Policy. It is your responsibility to review this page whenever you use this Site. If you find this Terms of Use and Privacy Policy unacceptable at any time, please do not use this Site or any materials or Products obtained from it. Your continued use of the Site or any materials or Product obtained from it following any changes acknowledges and constitutes your agreement to comply with those changes.
Accuracy, Completeness, and Timeliness of Information
This Site was prepared solely for educational and general informational purposes in the United States and should not be relied upon or used as a primary basis for making your decisions; thus, any reliance on the content and material on this Site is at your own risk. We reserve the right to modify this Site’s contents and/or materials at any time; however, we have no obligation to update, amend, or clarify any information on our Site. Therefore, we are not responsible if information that is made available on our Site is not accurate, complete, or current.
Online Store
We only provide our Services and Products to the 48 Continental United States, and we reserve the right at any time to refuse any Service or Product to anyone for any reason; modify the prices for any of our Products without notice; modify or discontinue any Service or Product without notice; modify any Product or Service description without notice; limit the sales of any
Service or Product to any person, geographical region, or jurisdiction; limit the quantities of any Services or Products we offer; cancel any Service or Product purchase orders; and, refuse the return or exchange of any Service or Product.
Based on the foregoing, we shall not be liable to you or any third party for any modification, price change, suspension, limitation, cancellation, or discontinuance of any of our Services and/or Products.
Furthermore, we cannot guarantee that your computer and/or viewing device will accurately display any color on our Site. However, we have made every effort to display our Product’s colors and images as accurately as possible.
Moreover, we make every effort to provide quality in any of our Products, Services, information, or materials purchased or obtained. However, we cannot warrant that the quality of the foregoing will meet your expectation or that any errors will be rectified.
Lastly, you agree not to duplicate, reproduce, sell, resell, exploit, or create derivative services or products from the Services, Products, content, or materials on this Site without our written approval. You also agree not to use our Services or Products for any illegal or unauthorized purpose nor violate any federal, state, or local laws in your jurisdiction.
Disclaimer of Warranties; Limitation of Liability
Cleancorp-USA dba Nanotrixx warrants that its Products will be free from manufacturing defects for six (6) months from the date of purchase. Your exclusive remedy for any breach of the foregoing warranty is, at our sole discretion, upon us receiving from you the return of the subject Product(s), either: (i) repair or replacement of the non-conforming Product with a conforming Product or (ii) a refund or credit in the amount you paid for such non-conforming Product.
Such warranty is only applicable to the original purchaser and is non-transferable. Proof of purchase from Cleancorp-USA dba Nanotrixx or an authorized reseller is required, and all shipping charges are your responsibility. Normal wear and tear, misuse, and abuse are excluded, including without limitation, any failure to use the Product as specified in the procedures and guidelines on each respective Product’s label and further detailed on this Site under our “TDS Directions” for each respective Product and our “Master Catalog.”
WE HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER INDIRECT LOSSES OR DAMAGES OF ANY KIND, AND IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU FOR DAMAGES RESULTING FROM OR RELATED TO ANY CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, DAMAGES, SETOFFS, LIENS, ATTACHMENTS, DEBTS, EXPENSES, JUDGMENTS OR OTHER LIABILITIES OF ANY KIND OR NATURE, INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS, REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE AMOUNT OF MONEY YOU HAVE PAID CLEANCORP-USA DBA NANOTRIXX FOR A PRODUCT.
Indemnification
You agree to defend, indemnify and hold harmless Cleancorp-USA dba Nanotrixx, our officers, directors, shareholders, employees, agents, affiliates, subsidiaries, parent company, successors, and assigns from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (a) your access to or use of the Site and the Products, (b) any of your act or omission (c) your willful misconduct, or (d) your failure to comply with any law, rule or regulation.
Restrictions on Use of Content
All materials and intellectual property rights, including but not limited to trademarks, trade names, trade dress, copyrights, service marks, or other intellectual properties on this Site, are the property of Cleancorp-USA dba Nanotrixx or other parties such as its affiliates, licensors, or designated owners, who have licensed their materials to us and are protected by applicable intellectual property laws unless such materials are in the public domain or attributed to another source. Any distribution, republishing, retransmission, modification, displaying, or creating derivative works from this Site’s content and/or materials is expressly prohibited, except for your personal, noncommercial use, without our written approval. You acknowledge that any unauthorized use of this Site’s contents and/or materials could cause irreparable harm to Cleancorp-USA dba Nanotrixx; therefore, in the event of such unauthorized use, we will be entitled to injunctive relief in addition to any other remedy available at law or in equity. All rights not expressly granted herein are reserved.
If you believe that any content and/or material on this Site infringes on your intellectual property right. In that case, you may seek the removal of such content and/or material by providing notice to us in accordance with the Notice and Take Down provisions of the Digital Millennium Copyright Act at info@nanotrixx.com.
Links to Other Sites
Our Site may contain links to third-party websites that are not subject to our Terms of Use and Privacy Policy. If you visit such websites, we encourage you to read their terms of use and privacy policies before using their website or providing them with any personal information. We make no representations about other websites you may access through this Site nor imply or suggest any affiliation, association, or endorsement of the such site due to the appearance of a linked website on this Site. Since we do not have control of such websites, we are not responsible for any content found on any linked website. Therefore, your access to such a linked website is at your own risk.
Privacy Policy
We appreciate that you may be concerned about your privacy while visiting our Site. Your privacy is important to us, and we respect it by taking reasonable care in protecting any information that we may receive from you in an effort to protect against unauthorized access, disclosure, use, alteration, or destruction of any personal information you provide to us. However, data transmitted over the internet is unfortunately not guaranteed to be 100% secure. Therefore, we cannot ensure or warrant the security of your transmitted information; thus, the transmission of any information to us is at your own risk. To mitigate the forgoing risks, we have implemented to our Site the use of Secure Socket Layers (“SSL”), which encrypts the transmission of certain kinds of information to us. During SSL transactions, an icon that resembles a padlock would be displayed at the bottom or in the address bar of most web browsers.
If you choose to provide us with your personal information, we will use that information only consistent with this Privacy Policy.
Please note that certain personal information must be supplied to place an order. We use this personal information to process and complete your order and provide service to you.
Certain other information may also be collected in connection with your use of our Site. For example, we may use “cookie” technology (as explained below) to help keep track of items that you have placed into your cart before checkout, to help validate your identity, and to help detect and prevent potentially fraudulent activity.
We may also use “web beacons” (as described below) to help analyze and audit web traffic. We use browser cookies – small files containing a combination of letters or numbers sent to your computer – to help enhance your online experience and make your use of our Site more efficient. While various web browsers may allow you to block or disable browser cookies, our Site, particularly the shopping cart and checkout features, may not work properly if you disable browser cookies. We may also use web beacons – a small, clear graphical file that your web browser may download when loading a page on our Site – to help analyze and audit our Site and the related transactions.
We do not knowingly reveal any personal information that is provided by you through our Site to any third parties except as provided in this Privacy Policy, when requested to do so by a governmental agency having jurisdiction, by a court of competent jurisdiction, or other operation of law, or when we believe that disclosure is necessary or appropriate to prevent physical harm or financial loss in connection with an investigation of suspected or actual illegal activity. All information you provide using our ordering system is kept strictly confidential and secure to prevent unauthorized use of personal information.
We reserve the right to transfer any information we have about you if we sell or transfer all or a portion of our business or assets. Should a sale or transfer occur, we will use reasonable efforts to direct the transferee to use the personal information you have provided through this Site that is consistent with this Privacy Policy.
At times we may engage other companies to perform various functions, whereby such companies may need to use your personal information to fulfill their function. We, therefore, reserve the right to engage such companies and for them to use your personal information only to the extent necessary for them to fulfill the function for which we engaged them and for no other purpose whatsoever.
We will not make your personal information available for unrelated business or activity.
In regards to non-personal information we may collect when you visit our Site, such information includes the type of browser you are using, your domain name, the website from which you
entered our Site, the pages you viewed, and the order in which you viewed them, how much time you spent on each web page, and the IP address associated with your computer and/or
viewing device. This non-personal information is only used to improve our Site’s performance and operation. Therefore, your use of our Site will remain anonymous unless you provide us
with your personal information.
The non-personal statistical information concerning how you use our Site may be shared with third parties to improve our Site and assist us in attracting new visitors. For example, we may share with third parties how many individuals have visited our Site and how much time, on average, they stayed on each web page. This non-personal statistical information will not reveal any of your personal information to third parties.
This Privacy Policy is governed by the laws of the United States and the State of Florida, which may differ from the privacy laws in your state or home country.
Children May Not Use the Site
The Site is intended to be solely used by adults and not directed to children under the age of 18. If you are under 18 years of age, you are not eligible to use our Site or place orders for our products; thus, we ask that you do not submit any personal information to us. We, therefore, do not knowingly collect information about children. If you believe that we may have collected personal information from a child under the age of 18, please notify us immediately so that we may take steps to eliminate the information.
Headings
This Terms of Use and Privacy Policy are for reference purposes only. They shall not affect in any way the meaning or interpretation of this Terms of Use and Privacy Policy
Severability
If any provision is found to be invalid, the remaining provisions will be in full force and effect.
Waiver
Our failure to exercise or enforce any right or provision of these Terms of Use and/or Privacy Policy shall not constitute a waiver of such right or provision.
Entire Agreement
This Terms of Use and Privacy policy constitutes the entire Agreement and understanding between you and Cleancorp-USA dba Nanotrixx, superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written. Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party. If this Agreement is translated into another language that creates any inconsistency with the English language, this English-language version of the Agreement shall control. You further understand and agree that using our Site or placing an order for our Products is the electronic equivalent of a written signature for this binding Agreement.
Governing Law, Jurisdiction, and Waiver of Jury Trial
By using this Site, you agree that any and all disputes arising out of or in connection with this Site, Terms of Use, or Privacy Policy, are to be negotiated in good faith and for reasonable efforts to be undertaken in cooperating with each other in pursuit of achieving a mutually satisfactory resolution. Furthermore, you also expressly agree that your rights and obligations shall be governed by and in accordance with the laws of the State of Florida, excluding any of its choice of law principles. Any legal action or proceeding relating to your access to or use of the Site or Products shall be resolved in the United States District Court for the Southern District of Florida, provided it has otherwise jurisdiction over Broward County, Florida courts. You agree exclusively and irrevocably to submit to the jurisdiction of and agree that the venue is proper in the courts mentioned herein for any such legal action or proceeding. Moreover, YOU HEREBY AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL in any legal proceedings. Lastly, the U.N. Convention on Contracts for the International Sale of Goods shall not apply to any transaction conducted through or otherwise involving this Site. In the event of any legal action, proceeding, litigation, or other dispute resolution forum or judicial proceeding, the prevailing party, as determined by the trier of fact, shall be entitled to recover its reasonable attorney’s fees and costs.
ADA Assistance
If you experience difficulty accessing any part of the Site, please email info@nanotrixx.com or call +1 954-826-7252 for ADA assistance. We will work with you to provide you with the information.
Contact Information
Questions about the Terms of Use and Privacy Policy should be sent to us at info@nanotrixx.com.