Rights to Contents and Intellectual Property
The copyrights and trademarks to all materials, content, and layout of this Site (including text, user, and visual interfaces, images, look and feel, design, sound, etc., and any underlying software and computer codes) are proprietary to EmbarkNano, its parents, affiliates, subsidiaries, or third-party licensors. You may not copy, reproduce, post on any other website, republish, upload, encode, modify, translate, publicly perform or display, commercially exploit, distribute or transmit any portion of this Site or make any derivative works from this Site in any way without EmbarkNano’s express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright, or other intellectual property appearing on this Site is owned or licensed by EmbarkNano or its parents, affiliates, or subsidiaries, and except as specifically allowed herein, may not be used by you without the prior written consent of EmbarkNano or the appropriate owner. Your use of this Site does not grant you any right, title, interest, or license to any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject you to civil or criminal penalties.
Image & Video Download and Usage
EmbarkNano or its parents, affiliates, or subsidiaries is the owner of the image or licensee of the images and videos located on www.embarknano.com (collectively, “Images and Videos”). Subject to these Terms and Conditions, you may use the Images and Videos solely in whole for editorial use by press and/or industry analysts. This right to use is personal to you and is not transferable by you to another party. Images and Videos cannot be used to promote or sell any product (such as on advertising, brochures, book-covers, stock photos, t-shirts, or other promotional merchandise). You may not alter, or modify the Images and Videos, in whole or in part, for any reason. You, not EmbarkNano or its parents, affiliates, or subsidiaries, are responsible for your use of the Images and Videos. Any misuse of the Images and Videos or breach of these Terms and Conditions may cause EmbarkNano or its parents, affiliates, or subsidiaries irreparable harm.
Use of this Site
EmbarkNano maintains this site for media use as well as your information and education. You should feel free to browse the Site and may download material displayed on the Site for non-commercial, lawful, personal use only provided all copyright and other proprietary notices contained on the materials are retained and such information is not modified, copied, or posted on any networked computer or broadcast in any media. All other copying (whether in electronic, hard copy, or other format) is prohibited and may breach intellectual property laws and other laws worldwide. All commercial use of all or part of this Site is prohibited except with EmbarkNano’s express prior written consent. All rights not expressly granted here are reserved to EmbarkNano.
You may not use any computer program tools including, but not limited to, web spiders, bots, indexers, robots, crawlers, harvesters, or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process (“Tools”) to access, acquire, copy or monitor any portion of the Site or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain materials, documents, or information through any means not purposely made available through the Site. Tools that use the Site shall be considered agents of the individual(s) who control or author them.
EMBARKNANO DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT, OR ACCURACY.
EmbarkNano also assumes no responsibility, and shall not be liable for any such damages caused by viruses or other forms of contamination or destructive features that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, text, images, video, or audio from the Site or any linked sites.
Limitation of Liability
In no event shall EmbarkNano, its parents, affiliates, subsidiaries and services providers, or the officers, directors, employees, shareholders, or agents of each of them, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive, or consequential damages, including lost profits, whether or not advised of the possibility of such damages, and on theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site. You acknowledge by your use of the Site, that your use of the Site is at your sole risk. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages; if these laws apply to you, some or all of the above disclaimers may not apply, and you might have additional rights.
You agree to defend, indemnify, and hold EmbarkNano, its parents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or related to your use of the Site.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law. EmbarkNano will fully cooperate, including but not limited to, maintaining and disclosing any transmittals or communications that you have had with the Site, disclosing your identity or helping to identify you, with any applicable law or regulation, law enforcement authorities, court order, or governmental authority.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. EmbarkNano cannot prevent the “harvesting” of information from this Site, and you may be contacted by EmbarkNano or unrelated third parties, by e-mail or otherwise, within, or outside of this Site. Anything you transmit may be edited by or on behalf of EmbarkNano, may or may not be posted to this Site at the sole discretion of EmbarkNano and may be used by EmbarkNano or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, EmbarkNano is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information. If you transmit any ideas, concepts, materials, or other communications to this Site, you accept that it will not be treated as confidential and may be used by EmbarkNano without compensation in any manner whatsoever, including without limitation reproduction, transmission, publication, marketing, product development, etc.
Although EmbarkNano may from time to time monitor or review discussion, chats, postings, transmissions, bulletin boards, and the like on the Site, EmbarkNano is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. EmbarkNano assumes no responsibility or liability for any actions or communications by you or any unrelated third party within or outside of this Site.
At its sole discretion, EmbarkNano may modify or discontinue the Site, or may modify or terminate your account or your access to this Site, for any reason, with or without notice to you, and without liability to you or any third party.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by EmbarkNano or its affiliates do not imply endorsement of that product, publication or site. EmbarkNano has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of and consent to, the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to principles of conflict of laws. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or services do not imply that they are appropriate or available to all persons of legal purchasing age in all locations, or that EmbarkNano intends to make such products or services available in such countries. Any offer for any product, feature, service or Application made on this Site is void where prohibited. Your information will be transferred to EmbarkNano, located in the Province of Alberta, Canada, which location may be outside of your own country, and by providing us with your information, you are consenting to such transfer. Although we will use all reasonable efforts to safeguard the confidentiality of any personal information collected, we will not be liable for disclosure of personal information obtained due to errors in transmission or the unauthorized acts of third parties.
WHAT TYPES OF INFORMATION DO WE COLLECT AT THIS SITE?
There are 2 types of information that we can learn about you as you browse and use this Site. They are:
- Internet-related Information that consists of generic statistical and demographic information that we gather passively from visitors to the Site.
- Personal Information that you provide to us when registering, engaging with our Site, or making contact with us.
Internet-Related Information Gathered Passively
We collect Internet-related Information from visitors to our Site, including the referring URL, your IP address, which browser you used to come to the Site, the country, state, or province you are located in, the pages of our Site that you viewed during your visit, and any search terms entered on our Site. In addition, for mobile users, we gather information on your mobile device and operating system. We also track users’ traffic patterns throughout their online sessions, including which pages or specific URLs you view while using the Site. We gather this information for the purposes of system administration, such as to diagnose problems with our servers and software, to gather broad demographic information, to monitor the level of activity on our Site, and to administer our Site. We may share aggregated statistics about pages viewed on our Site, demographic information, and sales and other shopping information with third parties such as our web design vendor to enrich your visitor experience.
Actively Collected Personal Information You Provide
Users who register for mailing lists on our Site will receive the option to receive newsletters, promotions, and other special benefits. Registered users will receive additional announcements from us about products, services, special deals, and a newsletter. Out of respect for the privacy of our users, we present the option to not receive these types of communications. If you do provide information about yourself by registering for a mailing list, ordering a product, filling out a survey, entering a promotion (including contests, sweepstakes, offers, and rebates), or otherwise voluntarily telling us about yourself or your activities, we will collect and use that Personal Information to respond to your request, and for other business purposes, including identifying consumer preferences and improving our products and services and the content of this Site. We may also contact you by email, regular mail, fax, text message, or telephone from time to time with information about our new products and services, special offers, upcoming events, and changes to this Site. If you do not wish to be contacted by all or any of these methods, you may let us know by sending an email message to us at firstname.lastname@example.org or by clicking on the opt-out link on our email messages. Please be sure to give us your exact name and address, and your detailed request so we can respond appropriately.
HOW DO WE COLLECT THIS INFORMATION?
Internet Log Files
EmbarkNano and our third party web analytics vendor may maintain log files that contain IP addresses. An IP address is a numeric address that may be assigned to your computer by your Internet Service Provider. In general, we use log files to monitor traffic on our Site and to troubleshoot technical problems.
Analytic Metrics Tools
EmbarkNano uses third party proprietary analytics metrics technologies such as Google Analytics to collect non-personal information when you use our online products and services on your personal computer or mobile device. These tools and technologies use server log files, Cookies, and other tracking technologies to collect and analyze broad demographic information about the visitors to our Site.
HOW CAN YOUR INFORMATION BE USED?
If you provide us with your consent, we may share your Personal Information with our affiliates and business partners with whom we have joint marketing arrangements. If you do not want us to share your Personal Information with our marketing affiliates and business partners, then please let us know by contacting us at email@example.com.
We employ other companies to perform certain functions on our behalf, such as fulfilling orders, delivering packages, and services related to the design, maintenance, analysis, and improvement of this Site and our database and related systems. These companies have access to your information. Regardless of whether you have provided us with consent, we will share your information with those companies that perform certain functions on our behalf under contract to us, and as may be necessary to comply with applicable laws, police investigations, or in legal proceedings where disclosure of such information is relevant and permitted by law. EmbarkNano will also assign, sell, license, or otherwise transfer to a third party your name, address, e-mail address, member name, and any other Personal Information in connection with an assignment, sale, joint venture, or other transfer or disposition of a portion or all of the EmbarkNano service, or the assets, business, or stock of EmbarkNano.
HOW CAN YOU ACCESS OR MODIFY YOUR PERSONAL INFORMATION?
You have the right to access and modify your Personal Information. Once you have registered and logged in to the site, you can access and change your Personal Information by editing your Profile. You can change part or all of your information. Once you have made the appropriate changes, submit your changes and your Profile will be updated immediately. You may also contact us at firstname.lastname@example.org to access or make changes to your personal information.
YOU MUST READ THE PRIVACY POLICIES OF THIRD PARTY SITES
CHILDREN’S PRIVACY PROTECTION
This Site does not target children or provide products or services for use by children. We do not knowingly collect information from persons under the legal age to consume cannabis. If you are not of legal age to consume cannabis, you may not use this Site.
What To Do If You Have Questions Or Concerns About Your Information, Or If You Need To Contact Us?