EMD Chemicals Inc. Website
Use of this site constitutes the recipient's agreement to these terms, conditions and restrictions.
WELCOME TO THIS WEBSITE. EMD CHEMICALS OFFERS THIS SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS ("Terms"). USE OF THIS SITE BY YOU SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DO NOT USE THIS SITE. IF YOU HAVE ANY QUESTIONS ABOUT THESE TERMS, PLEASE CONTACT WEB ADMINISTRATION AT EMDINFO@EMDCHEMICALS.COM.
Limited License to Use Site. EMD Chemicals or third parties granting rights to EMD Chemicals hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of EMD Chemicals or such third parties. Subject to these terms, conditions and restrictions, EMD Chemicals, Inc. ("EMD Chemicals") grant to each user of this site a non-exclusive, non-transferable, limited right to access, use and display this site and the information presented on this site. No user shall attempt to interfere with the operation of this site in any way. For purposes of these terms, conditions and restrictions, other communication media employed in conjunction with use of this site, including telephone and video augmentation, shall be deemed to be part of this site and the information provided in such other communication media shall be deemed to be information presented on this site. This site is not intended for use by any natural person under eighteen years of age and no license to use the site is granted to such persons.
Our Commitment To Children's Privacy: Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of EMD Chemicals.
EMD Chemicals does not routinely monitor your postings to the Site but reserves the right to do so. However, in our efforts to promote good citizenship within the Internet community, if EMD Chemicals becomes aware of inappropriate use of the Site or any of its Services, EMD Chemicals will respond in any way that, in its sole discretion, EMD Chemicals deems appropriate. You acknowledge that EMD Chemicals will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, EMD Chemicals will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Nature of the Information. The information and functionality contained in this site has been provided as a convenience and, in some cases, is provided by outside sources. This site has been supplied upon the condition that you will make your own determination as to the suitability of information contained in this site before use and that you have the proper qualifications or expertise to properly evaluate and use that information. Although EMD Chemicals attempts to make all information accurate at the time it is posted to the site, EMD Chemicals cannot guarantee or warrant completeness or accuracy, or that information will be updated. EMD Chemicals make no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the site's contents are illegal is prohibited. EMD Chemicals may, in our sole discretion and at any time, change site content or these terms, conditions and restrictions, or modify or discontinue this site or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any previously revised terms, conditions and restrictions.
Product Safety Information. EMD Chemicals maintains material safety data sheets (MSDSs) on all of their respective chemical products. You are urged to obtain copies of the relevant MSDSs before using these products to enhance the protection of your employees and customers against any known health or safety hazards described in those MSDSs. EMD Chemicals strive to make safety a top priority. Therefore, do not hesitate to contact us to discuss any safety aspects of these products. Certain areas of this site have been designed to provide online safety or process training or advice. In all cases, such training or advice is based only on the specific factual information provided to us; the scope of our training or advice is limited to the scope of coverage and limiting assumptions and premises identified in our response. The statements contained herein are based upon technical data that EMD Chemicals believes to be reliable, are offered for informational purposes only and as a guide to the appropriate precautionary and emergency handling of the material by a properly trained person having the necessary technical skills. Users should consider these data only as a supplement to other information gathered by them and must make independent determinations of suitability and completeness of information from all sources to assure proper use, storage and disposal of these materials and the safety and health of employees and customers and the protection of the environment. EMD CHEMICALS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, WITH RESPECT TO THE INFORMATION HEREIN OR THE PRODUCT TO WHICH THE INFORMATION REFERS.
Governing Law and Venue. Any action related to these Terms will be governed by the law of the State of New York, USA without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of New York, USA for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
The venue shall be the Southern District of New York or any other court of competent jurisdiction within the State of New York.
Jurisdictional Issues. The existence of this site and the ability to request information or request or order products through the site is not an offer to sell or solicit or do business in those countries or jurisdictions in which EMD Chemicals is not permitted by law to do business or in which EMD Chemicals does not already conduct business. Neither the existence of this site nor the accessibility of content of this site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between EMD Chemicals within any country or jurisdiction in which EMD Chemicals does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to the content and operation of this site.
Online Product Orders. Nothing contained in this site shall constitute an offer by EMD Chemicals to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this site until an order is placed by a user and then accepted by EMD Chemicals in the manner described in the specific ordering information provided with the online product or service descriptions. Once an agreement has been formed, the terms and conditions of the agreement shall be the terms and conditions of EMD Chemicals governing the purchase or sale, as the case may be, presented on-line at the time of order. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
EMD respects your privacy. Through its worldwide brands of EMD Chemicals and its affiliation with Merck KGaA, Darmstadt, Germany, one of the largest worldwide manufacturer/distributors of life science products, we are part of a team that has provided over 40 years of service to the life science industry.
In order to process and fulfill your order and to notify you regarding your order status, we do need to know your name, street address, phone number, Zip/Postal Code, state/county and country, email address, credit card and/or purchase order information, resale tax and VAT (Value Added Tax) information. This policy is intended to help clarify how we use this information. We will use the name and email address to manage registrations. Once you place an online order with us, an order confirmation email including your name, address, phone number and email address, but not your credit card number, is sent to you. Other than as required by law or contractual agreements or within the Merck KGaA Group, EMD does not share, sell, rent, or loan your personal information to any third party. Any personally identifiable information you provide to us is held with the utmost care.
Use of Data
We may, however, share aggregate sales, traffic patterns and customer statistics within our divisions, but these statistics will not include personally identifiable information. Information that is collected such as name, address and email address will be used to provide notices of marketing materials containing new products, pricing and technical resources. At the time that you register or make a purchase, you will be given an opportunity to opt out of receiving any marketing notices via email. If you do not choose to initially opt out, you may still block future emails by following the instructions within My Account. Separately, order confirmations and order status updates, along with any emailed information you request from our site will always be sent to you regardless of your opt out status.
The privacy of our customers is a high priority for EMD. If you have any concerns that are not addressed in these pages, feel free to contact us.
We collect user feedback. Users who would like a response to specific questions concerning the service or their account registration are directed to the customer service area, see contact us. These questions will be responded to as quickly as possible. We read all of our customer service queries and use the information contained therein only to resolve the question at hand. We also, periodically, post surveys on our site. These surveys are optional and all information is collected anonymously. The information is collected to better understand our users’ needs. Other than within the Merck KGaA Group, this information will not be sold or transferred to any third party.
If for any reason you choose not to enter personally identifiable information to include credit card information, your order can still be placed with any one of our customer service centers via “contact us”. We assure you however that no personally identifiable information will be disclosed to a third party or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by you.
EMD utilizes a worldwide distribution network to offer the best possible service to our worldwide customer base. We do not reveal your name, address, email address or product ordered, except to complete transactions or fulfill contractual obligations. Credit card information will not be provided. EMD will not disclose information to a third party, unless we have your permission. When permission is granted, EMD will only provide any information to a third party for the purpose stated here, and will insure the third party also subscribes to the safe harbor principles or is subject to the Directive or another adequacy finding.
You can access personal information contained in the User Profile section via your Login and Password. This information may be corrected, amended or deleted where it is inaccurate. You can make these changes by logging in and then clicking on the My Account button.
EMD stores, processes, maintains and protects customer information. Any personally identifiable information you provide to us is held with the utmost care. Secured data is available only to an employee of the company that requires access to such information through strict business procedures and processes for which the information is intended. EMD Web sites are regularly tested for security breaches to ensure that all information collected is secure from unauthorized viewing.
The name, street address, phone number, Zip/Postal Code, state/county and country, email address, credit card information, resale tax and VAT information collected are used solely for the purpose of processing your online order. You may also place your online order using a purchase order number, or by contacting any one of our customer service centers. All information is secured data and can readily be updated by you via changes made in the My Account button.
In the course of using our site, we automatically track certain information about your site usage. This information may include the URL you just came from and which URL you go to next (even if those URLs are not on our site), your IP address, the type of browser you are using, and your navigation path through our site. As this capability is often built into standard web server software, many web sites collect this information automatically. We use this information to help us fine-tune our web presentation to suit our users’ navigation patterns. This navigation information is not linked to any individual users’ personal information.
EMD maintains log files of the traffic that visits our site. We do not link any information gathered in these log files to personally identifying information. Log files are used to manage traffic loads and information technology requirements for providing reliable service. Information collected includes IP addresses and browser types.
EMD uses Secured Socket Layer (SSL) during credit card data transmission. The connection is reliable and private.
Original Effective Date: July, 2001
Revision 1 Date: December, 2002
Revision 2 Date: March, 2004
Revision 3 Date: July, 2004
Revision 4 Date: August, 2005
Revision 5 Date: August, 2007
Revision 6 Date: July 16, 2009
Disclaimer of Warranties. Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by EMD Chemicals. EMD Chemicals does not warrant the accuracy or timeliness of the materials. EMD Chemicals has no liability for any errors or omissions in the materials, whether provided by EMD Chemicals or third parties.
THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. EMD CHEMICALS, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. EMD CHEMICALS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF EMD CHEMICALS HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE A RESIDENT IN THE EUROPEAN UNION, EMD CHEMICALS DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors. The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. EMD Chemicals does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site may change without notice to you at any time at EMD Chemical's sole discretion. EMD Chemicals shall have the right to refuse or cancel any orders placed for product listed at incorrect price. EMD Chemicals shall have 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 canceled, EMD Chemicals shall promptly issue a credit to your credit card account in the amount of the charge.
Export Restrictions. This site is maintained and operated by EMD Chemicals from its offices within the United States. We make no representation that the information or other materials accessed through this site are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or the site from other locations do so of their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any information or products received hereunder except in full compliance with all United States laws and regulations. In particular, the information or products may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products.
Bulletin Boards. This site may contain chat rooms or bulletin boards for the convenience of users of this site and EMD Chemicals. EMD Chemicals does not control the materials or information placed in these media. No user shall: (i) interfere with another user's use of such media on this site; (ii) post unlawful, obscene, threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or indecent 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 any law; (iii) post material infringing upon any copyright, trademark or similar proprietary material; (iv) violate the privacy or publicity rights of others; (v) post material containing viruses or other harmful elements; or (vi) post material for commercial or advertising purposes. EMD Chemicals may, from time to time, monitor or review discussions, chats or postings in the chat rooms or on bulletin boards. However, EMD Chemicals is under no obligation to do so and assumes no responsibility or liability arising from the content of any such discussions, chats or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any such discussions, chats or postings. EMD Chemicals reserves the right to disclose any information: (x) required to satisfy legal or governmental requirements; (y) in cooperation with any law enforcement authorities or court order; or (z) if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of EMD Chemicals, its employees or customers or the public. EMD Chemicals reserves the right to remove or deny the posting of any material that EMD Chemicals deems objectionable in its sole judgment. EMD Chemicals may prosecute improper tampering with or use of this site to the full extent of the law.
Proprietary Information. EMD Chemicals owns the copyright for all of the material on this site or has a valid right from a third party to use material on this site. Trademarks and trade names belonging to EMD Chemicals are protected under the laws of various jurisdictions and have been registered in various countries where registration is legally required or considered to be beneficial. No part of this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of EMD Chemicals. The use of any such material on any other site or computer network without the prior written consent of EMD Chemicals, as applicable, is prohibited. Permission to link to our information will not be granted to a site that frames or otherwise presents our information in a manner that does not attribute such information to us. Your use of the trademarks, service marks and trade names on this site in any manner other than as authorized in these terms, conditions and restrictions, or as authorized in writing by EMD Chemicals, is strictly prohibited. Presentation of information in this site is not intended to confer any proprietary or other rights in our trademarks, trade names, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. Linking to other sites does not imply that EMD Chemicals or the linked site has any legal authorization to any trademark, trade name, logo or copyright of the other.
Digital Signatures; Electronic Signatures; Notices. This site does not accept notices sent by electronic means, and no digital or electronic sound, video, action, or signature implemented through this site shall bind EMD Chemicals, unless (i) prior written arrangements have been made by our duly authorized officers or their appointed representatives or (ii) with respect to a particular portion of our site, such portion invites electronic contracting in a specific manner, in which case electronic action in such manner shall bind us and you as a user on the terms and conditions provided. Clicking on "I submit" or "I agree" or "I accept" buttons on this site are intended as a binding electronic acceptance whose contract provisions are those terms and conditions provided online. Similarly, use of this site constitutes the user's binding agreement to these terms, conditions and restrictions and our binding agreement to provide the information on this site on that basis.
Unauthorized Activities. Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold EMD Chemicals and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
PRIVACY AND SECURITY
The privacy and the security of your information is important to us. EMD Chemicals takes care to ensure that the online data profiles that you create and submit to us on this site are used by us to fulfill our internal purposes in serving you as a customer. EMD Chemicals will maintain the security of your information, and protect the integrity of such information, with a commercially reasonable degree of care. Our site's security measures are intended to protect the loss, misuse or alteration of information under our control. These measures may not fully protect such information in all cases, therefore you should exercise care in using this site.
Unless EMD Chemicals is required to do so by law, EMD Chemicals will not reveal to any party, other than within the Merck KGaA Group, your online profile that you submitted to us. EMD Chemicals will not sell your individual online profile. EMD Chemicals will not publicize your online profile or any materials or other information specific to your identity submitted by you to us online, unless: (i) EMD Chemicals first receive your permission; (ii) EMD Chemicals notify you before EMD Chemicals collect your online profile, materials or other information that such could be published, sold or traded; (iii) required by law; (iv) EMD Chemicals feel it is necessary in order to protect the integrity or security of our site; or (v) you have violated our site terms, conditions and restrictions and EMD Chemicals feel it is necessary to protect our business or is in the interest of an individual's personal safety. You have the right upon request to view and verify the contents of your online profile. Please email us at firstname.lastname@example.org or send your request to EMD Chemicals Inc. Attn: Marketing Communications 480 S. Democrat Road Gibbstown, NJ 08027 or call us at 1-800-222-0342.
Periodically, EMD Chemicals create statistical reports that include aggregate data regarding our customers. These reports may also include information on sales, traffic patterns, and similar site related information. The amount of information EMD Chemicals gather from you may depend on the settings you have on your browser; please refer to your browser to learn what information it sends. Our reports are used for various purposes, including improving our site. Aggregate data may be shared with external parties, such as industry trade associations, marketing organizations, or organizations providing actuarial, research study or similar services. However, no information by which any individual customer could be identified is part of the aggregate data that is shared.
Some of the applications on this site require either pre-qualification or registration with us before access is granted. Once access is granted, you will be issued a username and password. You should safeguard your password carefully and make it available only to those persons whom you authorize as your agent. You may not otherwise sell, resell, assign or transfer your access rights. It is our policy to grant access to anyone using your password in conjunction with your username and to treat anyone using your username and password as your agent for all purposes. You should notify us immediately of any unauthorized use of such password.
This privacy and security statement is subject to our Web Site Terms and Conditions.
Last updated – July 23, 2009
The information on this site is copyrighted. EMD Chemicals Inc. World Wide Web Site © 2009 EMD Chemicals Inc. All rights reserved.
Update: January 01, 2012: California Transparency in Supply Chains Act (S.B. 657) Statement
EMD Millipore Corporation strongly believes in the importance of international labor and human rights standards and opposes any and all illegal and unethical treatment of people, including any acts of slavery or human trafficking. We do not knowingly employ slaves or trafficked persons. In our written contracts and terms and conditions of purchase, we require our suppliers to comply with all applicable laws. Further, our internal supplier audit program evaluates and addresses risks of slavery and trafficking. In addition, in 2012, we will investigate opportunities (1) to require direct suppliers to certify in writing that materials incorporated into the product comply with the laws regarding slavery and human trafficking of the country or countries in which they are doing business, (2) to maintain internal accountability standards and procedures for employees or contractors failing to meet our standards regarding slavery and trafficking, and (3) to provide company employees and management, who have direct responsibility for supply chain management, with training on human trafficking and slavery, particularly with respect to mitigating risks within the supply chains of products