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Terms

Terms of Use

Please Read Carefully Prior To Using This Website/Product

I. Acceptance of Terms and Conditions

Use of this Exoban LLC (“Exoban”) Website (this “Website”) aregoverned by the terms and conditions below. These terms andconditions are legally binding on all users of this Website. Byaccessing this Website, you (“User”) agree to abide by these termsand conditions. If you as the User of this Website do not agreewith any of these terms and conditions please do not use thisWebsite, because by using the Website you will be deemed to haveirrevocably agreed to these terms and conditions.

II. Intellectual Property Rights

  1. OwnershipAll content, text, images, data, information and othermaterial displayed, available or present on this Website(“Content”), including any intellectual property rights insuch Content (including without limitation trademarks andcopyrights) (hereinafter “Intellectual Property Rights”), arethe property of Exoban, its affiliates, its licensors or thedesignated owners, and are protected by applicableintellectual property laws. User should assume that everythingUser sees or reads on this Website is copyrighted unlessotherwise noted, and may not be used without the writtenpermission of Exoban except as provided in these terms andconditions.
  2. Authorized and Prohibited UsesUser may access, use and display this Website on a singlecomputer only and download and print copies of the Contentonly for non-commercial, informational, personal use, withoutmodification or alteration in any way, and only so long asUser complies with these terms and conditions and applicablelaws. User may not otherwise reproduce, sell, publish,distribute, modify, display, or use any of this Website or theContent without the prior written permission of Exoban;provided, however, if the functionality of the Website permitsthe e-mailing of certain Content or a link, User may send thatparticular Content or link to others by e-mail, as indicated.User will not infringe upon any Intellectual Property Rightsor remove or modify related proprietary notices contained inthis Website or the Content.
  3. Registration and PasswordsExoban may or may not at times require a User to have apassword and provide registration details to access thisWebsite or portions of this Website. If Exoban does require apassword and registration details, it shall be a condition ofuse of this Website that all the details User provides arecorrect, current and complete. If Exoban believes that thedetails are not correct, current or complete, Exoban will havethe right to refuse User access to the Website, or any of itsresources, and to terminate or suspend User’s account, if any.User is responsible for maintaining the confidentiality of anypassword(s) User is given to access this Website, and User isfully responsible for all activities that occur under User’spassword(s). User agrees to notify Exoban immediately of anyunauthorized use of User. s password(s). Exoban reserves theabsolute right not to issue a password to any person orentity.

III. Website and Registration Administration

  1. LinkingUsers may link to this Website unless and until Exoban givesnotice that User must discontinue linking to this Website.
  2. Authority of Website AdministratorExoban may in its discretion modify, edit, translate, suspend,restrict access to or terminate this Website, these terms andconditions, the Content or any link at any time withoutliability or prior notice. Exoban may in its discretionterminate the browsing of, registration with and use of thisWebsite by any User at any time without liability or priornotice for any reason, including for any breach of these termsand conditions.

IV. User Requirements and Obligations

  1. ComplianceUser will comply with all applicable laws in connection withits use of this Website.
  2. Unsuitable ConductUser will not engage in conduct on or in connection with thisWebsite that is illegal, misleading, infringing, defamatory,obscene, offensive, or otherwise objectionable. User will notcause damage, embarrassment or adverse publicity to Exoban.
  3. User Cooperation and NotificationUser will cooperate with all reasonable requests of Exoban andwill notify Exoban promptly upon learning of any actual orsuspected breach of these terms and conditions by User orunauthorized use or abuse of this Website.
  4. Third Party Sites and Other InformationAs a convenience to User, this Website may contain Content,links, and other information submitted by third parties overwhom Exoban has no control or responsibility. Exoban has noobligation to monitor, control or restrict the use of thisWebsite, or third party websites accessible via links on thisWebsite. These other sites are not under the control ofExoban, and User acknowledges that (whether or not such sitesare affiliated in any way with Exoban) Exoban is notresponsible for the accuracy, copyright compliance, legality,decency, or any other aspect of the content of such sites. Theinclusion of such a link does not imply endorsement of anysite by Exoban or any association with its operators.Moreover, Exoban has no obligation to verify any Contentsubmitted by a user or to provide any registration or otherinformation to User concerning any Content.
  5. Warranty Disclaimers, Limitations on Liability and RemediesThis Website, its Content, Product and its links are providedon an “as is” basis and are used only at the sole risk ofUser, to the fullest extent permissible by law. Exobandisclaims all warranties, express or implied, of any kind,regarding this Website (including its Content, hardware,software and links), including ANY IMPLIED WARRANTIES as tofitness for a particular purpose, merchantability, title,non-infringement, results, accuracy, completeness,accessibility, compatibility, security and freedom fromcomputer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONOF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TOuser, THE ABOVE EXCLUSIONS WILL APPLY TO user TO THE FULLESTEXTENT PERMITTED BY APPLICABLE LAW.Exoban will not be liablefor any damages or losses, including direct, indirect,consequential, special, incidental or punitive damages andlost profits, in connection with use of the internet, thisWebsite, its Content, Product, or its links, however caused,whether in contract, tort, negligence, strict liability orotherwise, even if Exoban has been advised of the possibilityof such damages. Exoban will not be a party to, and will haveno responsibility or liability for, any transaction negotiatedor arranged by a User arising in connection with this Website.in any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTIONare NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, The maximumliability of Exoban will be limited to, in the sole discretionof Exoban, either the (1) correction or deletion of anyinaccurate Content or link; or (2) refund of any fees for thisWebsite received by Exoban from User.
  6. IndemnificationUser will defend, indemnify and hold harmless Exoban and itsaffiliates, officers, directors, employees and contractorsfrom any demands, claims, damages, liabilities, expenses orharms, including attorneys fees, arising in connection withUsers use of this Website, online conduct, breach of theseterms and conditions or dealings or transactions with otherpersons resulting from use of this Website.

V. Miscellaneous

  1. Separate Terms and ConditionsIn connection with User. s use of and/or access to Contentcontained in certain areas of this Website, it may benecessary for User to consent to policies or terms andconditions in addition to the terms and conditions set forthherein, which User should read carefully before making any useof such Content or areas of this Website. Any such terms willnot vary or replace these terms and conditions regarding anyuse of this Website, unless otherwise expressly stated.
  2. Privacy PolicyExoban is concerned about privacy and has developed a policyto address privacy concerns. The Privacy Policy is herebyincorporated into these terms and conditions by reference, andconstitutes a part of these terms and conditions. By using thesite, you are accepting the practices described in thisprivacy policy. These practices may be changed, but anychanges will be posted and changes will only apply toactivities and information on a going forward, not retroactivebasis. You are encouraged to review the privacy policywhenever you visit the site to make sure that you understandhow any personal information you provide will be used. Note:the privacy practices set forth in this privacy policy are forthis website only. If you link to other web sites, pleasereview the privacy policies posted at those sites.

    Collection of Information
    We collect personally identifiable information, like names,postal addresses, email addresses, etc., when voluntarilysubmitted by our visitors. The information you provide is usedto fulfill you specific request. This information is only usedto fulfill your specific request, inform you of changes, andshare new products or services we offer.

    Cookie/Tracking Technology
    The Site may use cookie and tracking technology depending onthe features offered. Cookie and tracking technology areuseful for gathering information such as browser type andoperating system, tracking the number of visitors to the Site,and understanding how visitors use the Site. Cookies can alsohelp customize the Site for visitors. Personal informationcannot be collected via cookies and other tracking technology,however, if you previously provided personally identifiableinformation, cookies may be tied to such information.Aggregate cookie and tracking information may be shared withthird parties.

    Distribution of Information
    We may share information with governmental agencies or othercompanies assisting us in fraud prevention or investigation.We may do so when: (1) permitted or required by law; or, (2)trying to protect against or prevent actual or potential fraudor unauthorized transactions; or, (3) investigating fraudwhich has already taken place. The information is not providedto these companies for marketing purposes.

    Commitment to Data Security
    Your personally identifiable information is kept secure. Onlyauthorized employees, agents and contractors (who have agreedto keep information secure and confidential) have access tothis information. All emails and newsletters from this siteallow you to opt out of further mailings.We reserve the rightto make changes to this policy. Any changes to this policywill be posted.

  3. Dispute Resolution; Applicable Law and ForumWith respect to any and all disputes arising out of or inconnection with this Website or these terms and conditions(including without limitation the Privacy Policy), Exoban andUser agree to negotiate in good faith and undertake reasonableefforts to cooperate with one another in order to achieve amutually satisfactory resolution. Exoban has no obligation tobecome involved in any dispute between a User and any otherperson. This Website, these terms and conditions and anydispute arising in connection therewith shall be exclusivelygoverned by and construed in accordance with the laws of theState of Connecticut without regard to its conflict of lawprinciples. Exoban and User agree that all disputes arisingunder this agreement will be settled exclusively throughconfidential binding arbitration in [Hartford, Connecticut] oranother forum mutually agreed upon by the parties, pursuant tothe Rules of Arbitration (“Rules”) of the InternationalChamber of Commerce (“ICC”) by a sole arbitrator nominated byagreement of the parties and confirmed in accordance with thesaid Rules. The arbitrator’s award shall be binding and may beentered as a judgment in a court of competent jurisdiction.User agrees that Exoban is entitled to obtain preliminaryinjunctive relief to the extent allowed by law to enforce anyof the terms of these terms and conditions pending a finalarbitral decision.
  4. Claims and Warranties
    Exoban Treatments LLC warrants all eligible treated surfacesto be antimicrobially active for the entire duration of thesubscribed program.

    Warranties for Exoban products require proper application byan authorized professional, as well as registration withExoban.

    Testing
    Exoban Treatments takes a baseline test before application forour records. On each quarterly trip back to the location wetake additional measurements to ensure the treatment isworking as effectively as it should. Treatments are typicallyapplied every 3 quarters.

    COVID-19
    During the COVID-19 pandemic Exoban Treatments has made thedecision to treat EVERY QUARTER at no additionalcharge.ExclusionsThis warranty is applicable only to those surfaces that havebeen treated by Exoban Treatments LLC or it’s agents.

    High Touch Surfaces
    While we do treat high touch surfaces, we do not warrantythem. The treatment will stand up to being touched but theantimicrobial activity will wear down faster, especially ifthese surfaces are regularly cleaned. High touch surfacesinclude: Worksurfaces, door knobs, light switches, keyboards,headsets, writing instruments, railings and handles, buttonsand controls, seating, floors, carpets, any other surfacesthat are frequently touched or cleaned.

    Limited Liability
    In the event a surface is not performing up to our standardsduring out testing, we will retreat the area free of charge.DisclaimerExoban’s liability is limited to retreatment of surfaces only.Exoban Treatments LLC’s treatments only disinfect and protecttreated articles and surfaces. Antimicrobial technology doesnot protect users or others against bacteria, viruses, ordisease organisms. Exoban is under no circumstances acceptsany liability whatsoever for users or others’ health, directlyor indirectly. Exoban Treatments make no health claims, healthwarranties, or health guarantees implied or otherwise.

  5. Modification of Terms and Conditions, Etc.These terms and conditions and the Privacy Policy referencedherein constitute the complete agreement between the partieswith respect to their subject matter and supersede any prioragreement or communication. These terms and conditions aresubject to change from time to time. Exoban will endeavor topost a notice of any changes to these terms and conditions fora period of thirty (30) days following any such modifications.Therefore, User is advised to review these terms andconditions occasionally, or at least every thirty (30) days.User. s continued use of this Website subsequent to Exoban.notice of modification of these terms and conditions shallconstitute User’s acceptance of the modified terms andconditions. If any term or provision of these terms andconditions shall be found to be invalid, illegal or otherwiseunenforceable, such finding shall not affect the other termsor provisions of these terms and conditions, or the whole ofthese terms and conditions, but such term or provision shallbe deemed modified to the extent necessary to render such termor provision enforceable, and the rights and obligations ofthe parties shall be construed and enforced accordingly,preserving to the fullest permissible extent the intent andagreements set forth in these terms and conditions. User’sobligations pursuant to these terms and conditions shallsurvive termination of this Website, any use by User of thisWebsite, any Content of User on this Website, or these termsand conditions.
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