PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Copyright
NOTICE: COPYRIGHT 2010-2023, CHEMetrics, LLC, Midland, Virginia, U.S.A. ALL RIGHTS RESERVED.
The entire content of this site, including but not limited to text, graphics and code, is the property of CHEMetrics, LLC, and is protected by United States and international copyright laws and treaties; and subject to the following limited license, any violator of these protected rights shall be liable to the full extent allowed by law.
A limited license is granted to electronically copy, download and print portions of this site for the sole purpose of placing an order with CHEMetrics, LLC or purchasing CHEMetrics, LLC products. Any other use, including but not limited to the reproduction, distribution, display for your own commercial use, or transmission of the content of this site is strictly prohibited, unless authorized by CHEMetrics, LLC
Furthermore, your change to or deletion of any proprietary notices including copyright and trademark notices, from the content of this site is strictly prohibited.
Trademarks and Patents
CHEMETRICS, CHEMETS, TITRETS, VACU-VIALS, VACUETTES, the BIRD IN FLIGHT logo, SIMPLICITY IN WATER ANALYSIS and the BIRD IN FLIGHT/OVAL logo are registered trademarks of CHEMetrics, LLC
Other trademarks of CHEMetrics, LLC include the BIRD IN FLIGHT/FLIGHT PATH logo. Registration applications are currently pending.
CHEMets, Titrets, ULR CHEMets, Vacu-Vials and VACUettes products: see U.S. Patent Nos. 3,634,038, 4,332,769, 4,537,747 and 4,596,780.
Typographical Errors
In the event that a CHEMetrics, LLC product is mistakenly listed at an incorrect price, CHEMetrics, LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. CHEMetrics, LLC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, CHEMetrics, LLC shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by CHEMetrics, LLC without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
CHEMetrics, LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to CHEMetrics, LLC
DISPUTE RESOLUTION (BINDING ARBITRATION)
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND CHEMetrics, LLC, DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE (INCLUDING BUT NOT LIMITED TO THE PURCHASE OF CHEMetrics, LLC PRODUCTS), SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA’S CONSUMER OR COMMERCIAL ARBITRATION RULES (AS APPROPRIATE), THAT THERE SHALL BE ONE ARBITRATOR, THAT THE PLACE OF ARBITRATION SHALL BE WASHINGTON, D.C., THAT EACH PARTY SHALL BEAR ITS OWN COSTS, AND THAT EXCEPT WITH RESPECT TO APPLICABLE FEDERAL LAW, YOUR USE OF THIS SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE COMMONWEALTH OF VIRGINIA, U.S.A., WITHOUT REGARD TO CHOICE OF LAW PROVISIONS OR CONFLICT OF LAW RULES, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS.
TO THE EXTENT THAT A COURT OF LAW IS NECESSARY TO ENFORCE AN ARBITRATION DECISION, YOU AGREE THAT JURISDICTION AND VENUE SHALL BE IN THE STATE OR FEDERAL COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA, OR TO THE EXTENT APPROPRIATE IN THE SOLE JUDGMENT OF CHEMetrics, LLC, ANY OTHER COURT OF COMPETENT JURISDICTION. YOU UNDERSTAND THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, YOU ARE GIVING UP THE RIGHT TO TRIAL BY JURY.
Should the foregoing binding arbitration provision or any other provision of these Terms and Conditions be declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms and Conditions of Use shall be enforceable; provided additionally in the case of severance of the binding arbitration provision, you agree, without regard to choice of law provisions or conflict of law rules, that the dispute shall be resolved in the state or federal courts located in the Commonwealth of Virginia, and you agree to jurisdiction and venue in Commonwealth of Virginia.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a CHEMetrics, LLC or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
CHEMetrics, LLC does not and cannot review all communications and materials posted to or created by users accessing the site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, CHEMetrics, LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, CHEMetrics, LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to CHEMetrics, LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless CHEMetrics, LLC, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third Party Links
In an attempt to provide increased value to our visitors, CHEMetrics, LLC may link to sites operated by third parties. However, even if the third party is affiliated with CHEMetrics, LLC, CHEMetrics, LLC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of CHEMetrics, LLC These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, CHEMetrics, LLC seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
General Compliance with Applicable Laws
You shall comply with all applicable laws, statutes, ordinances and regulations in effect from time to time regarding your use of the Service and your purchase and use of Products, including, but not limited to, compliance with U.S. export control laws, including the deemed export rule and any restrictions on re-export.
No Export
You represent and warrant that all Products ordered by you are intended for delivery within the United States and that no Products will be exported or used for any purposes prohibited by any relevant United States export law or regulation. If so requested by CHEMetrics, LLC, you will provide documentation satisfactory to verify delivery to the final destination.
Purchases for the U.S. Government
If you are placing an Order for the U.S. Government or in support of a contract with the U.S. Government, you agree that the Products purchased are "commercial items" as that term is defined in the Federal Acquisition Regulations ("FAR"). If you are an employee or other authorized buyer placing this Order in the name of the U.S. Government and your Order is less than or equal to $2500, then you agree that only these Terms of Use shall apply to your Order. If your Order is greater than $2500, then you agree that your Order is subject to FAR Part 12, and pursuant to FAR 12.302, only those mandatory provisions of FAR 52.212-4, as well as FAR 52.222-3, FAR 52.225-13, FAR 52.233-3, and these Terms of Use shall apply. If you are a government contractor placing this Order in support of a contract with the U.S. Government, you agree that only those provisions in FAR 52.244-6 as well as these Terms of Use shall apply to your Order. All other terms and conditions are expressly rejected. In the event of a conflict between the FAR provisions referenced herein and these Terms of Use, our Terms of Use shall take precedence.