Terms of Use

Thank you for visiting the Nano Global Corp. (“Nano Global”) Website.  Your access to and use of our Website are subject to these Terms of Use and all applicable laws.  By accessing and using our Website, you agree to be bound by the following terms and conditions:

Certain Definitions.  The term “Website” refers to the www.mynano.com website and all other Nano Global websites and web pages accessible globally through this website.  The terms “you” and “your” refer to you, the individual accessing and using the Website.  The terms “Nano Global”, “we”, “us” and “our” refer to Nano Global Corp., a Delaware corporation.  The term “Terms of Use” means these Terms of Use, which constitute an agreement between Nano Global and you and which may be modified or amended from time to time as provided in the section entitled “Agreement and Modifications” below.

Agreement and Modifications to Terms of Use.  Your access and use of our Website constitutes agreement by you to the version of these Terms of Use in effect at the time of your access.  If you do not agree to these Terms of Use, then do not use the Website.  We reserve the right to modify these Terms of Use from time to time without notice to you, and any such modifications will become effective immediately upon posting of the modified Terms of Use to our Website.  Therefore, we recommend that you read these Terms of Use carefully each time you use our Website.  The posted version of these Terms of Use supersedes all earlier versions.  You agree that your continued use of the Website after such modifications have been published and posted to the Website shall constitute your acceptance of such modified Terms of Use.

Modifications to the Website.  We reserve the right to modify or discontinue, temporarily or permanently, all or any part of the Website without notice.

License to Use the Website.  The Website contains materials and other content relating to the products and services of Nano Global.  The term “Website Content” means our Website and all of its contents, including all information, text, data, documents, images, graphics, icons, animations, registered and unregistered trademarks, trade names, logos, illustrations, photographs, audio clips, podcasts, music, sounds, pictures, videos, webcasts, web-based productions, software, other forms known or later created or invented, and all other content located from time to time on our Website.  The Website and all of the Website Content belong to Nano Global and our content providers and are protected by copyright, trademark, and other applicable law.  Subject to these Terms of Use, we grant you a limited, personal, non-exclusive, non-transferable, license to use the Website for your personal non-commercial use and not for resale or further distribution. Except for your pre-existing rights and this limited license granted to you, we retain all right, title, and interest in and to the Website and the Website Content, including all related intellectual property rights.  The Website and the Website Content are protected by applicable intellectual property laws, including but not limited to copyright laws.  Any trademarks, logos, service marks, and other marks and indicators of source of origin that are displayed on the Website or contained in the Website Content (collectively, the “Marks”) are the proprietary property of Nano Global or our respective licensors.  Nothing contained on the Website or in the Website Content should be construed as a license or right to use any Marks displayed on the Website or contained in the Website Content.  You may not use, copy, modify, or display any of the Marks appearing on the Website or in the Website Content without Nano Global’s express written permission or the express written permission of the owner of the applicable Mark(s).  Any unauthorized use of the Website or any Website Content may violate copyright, trademark, publicity, and other laws, and any such use may result in your personal liability and subject you to civil and/or criminal prosecution.

Except as expressly provided in these Terms of Use, you will not, and will not permit any third party to:  (a) reproduce, modify, translate, or create derivative works of the Website Content; (b) circumvent or disable any security or technological features or measures of the Website; (c) store, copy, modify, distribute, or resell any of the information; audio, video, and audiovisual works; or other Website Content, or compile or collect any Website Content as part of a database or other work; (d) use any automated tool (e.g., robots, spiders) to use the Website or store, copy, modify, distribute, or resell any Website Content; (e) use the Website in a manner that threatens the integrity, performance, or availability of the Website; or (f) remove, alter, or obscure any proprietary notices (including copyright notices) on, or fail to provide attribution to Nano Global for, any portion of the Website or Website Content.  You must comply with all applicable laws and regulations when using our Website.

Privacy Policy.  We may collect registration and other information about you through the Website, including personally identifiable information.  If we collect such information, our collection and use of this information is governed by our Privacy Policy, which is available at www.mynano.com/privacy. Our Privacy Policy is a part of these Terms of Use.

Links and Third Party Content on the Website.  The Website may contain links to third party products, services, information, materials and websites (collectively, “Third Party Site(s)”).  Third Party Sites are not under the control of Nano Global, and Nano Global is not responsible for Third Party Sites or for any information, products, services, materials, advertising, or other content on or available through such Third Party Sites.  In addition, Nano Global is not responsible for the performance of any Third Party Site.  Nano Global does not endorse any Third Party Site, and the inclusion of a link on our Website does not imply any endorsement by Nano Global of the Third Party Site or any association with the operators of the Third Party Site.  Nano Global does not investigate, verify or monitor the Third Party Sites.  Nano Global provides links to Third Party Sites for your convenience only.  If you access the Third Party Sites, you do so entirely at your own risk.

Links to Nano Global from Your Site.  You are granted a limited, non-exclusive, revocable right to create a hyperlink to our Website, provided that:  (i) the link is only to the homepage of the Website www.mynano.com; (ii) the link only incorporates text and does not use any trademarked or copyrighted graphics; (iii) the link and related content on your website do not suggest any affiliation with Nano Global or cause confusion among consumers; (iv) the link and related content on your website do not portray Nano Global, or Nano Global’s products and services, in a false, misleading, derogatory, offensive, or otherwise negative manner; (v) the link and related content on your website do not contain content that could be construed as distasteful, offensive, politically partisan, or otherwise controversial; (vi) the link and related content on your website should contain materials appropriate for all ages of the general public; and (vii) the link is not operated for any commercial purposes.

Submissions to the Website.  The Website may allow you and other third parties to post reviews, comments, or other content.  All reviews, comments, and other content posted to the Website must be topical.  Any opinions, advice, statements, reviews, comments, services, offers, or other information that constitute part of the content expressed or made available by third parties on the Website are those of the respective authors or producers and not of Nano Global, or Nano Global’s shareholders, directors, officers, or employees.  We may review and delete any content, in whole or in part, posted by you or any other third party that in the sole judgment of Nano Global violates these Terms of Use or which might be offensive, illegal, inappropriate, or that might violate the rights of or harm any third parties.  While Nano Global reserves the right to monitor the content that you and other third parties post to the Website, Nano Global is under no responsibility to do so and is not responsible for the content that you and other third parties post.  We do not control the content posted by third parties via the Website; and accordingly, we do not guarantee the accuracy, integrity, or quality of such content.  You understand that by using the Website, you may potentially be exposed to content that is offensive, indecent, inappropriate, or objectionable.  The posting of third party content to the Website should not be considered an endorsement or approval of such third party content.  Under no circumstances will Nano Global, or Nano Global’s shareholders, directors, officers, or employees be held liable for any loss or damages caused by your reliance on information obtained through the Website.

You agree that any comments, advice, ideas, concepts, statements, reviews, techniques, materials and other information contained in any communication that you may send to us, including without limitation responses to questionnaires or through postings to the Website (each, a “Submission”) will be considered non-confidential and non-proprietary.  You further agree that Nano Global is free to use any Submission for any purpose whatsoever without compensation, acknowledgment, or payment to you of any kind.  You also agree that as to any Submission, you grant Nano Global a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, incorporate, perform, copy, modify, distribute, and create derivative works of the Submission in any media, software, or technology of any kind now existing or developed in the future.  By posting or providing a Submission, you represent and warrant that public posting and use of your Submission by Nano Global will not infringe on or violate the rights of any third party.

Use Policies.  We ask that you respect our Website and our online blog community and participating individuals.  Your conduct should be guided by common sense, decency, respect and basic etiquette.  To further these common goals, when posting each Submission to or otherwise using the Website, you agree NOT to:

  • Use the Website (or other Nano Global resources) in a manner which violates any applicable laws or regulations, or which violates these Terms of Use;
  • Post or transmit any material: (i) that you do not have the right to post or transmit under applicable laws, including without limitation copyright, trademark, trade secret, privacy or securities laws; or (ii) in violation of your obligations to any third party, including without limitation your obligations under nondisclosure agreements;
  • Post or transmit any information or material that is unrelated to the subject matter of the Website;
  • Sell or otherwise transfer your profile or account on the Website;
  • Intentionally seek information on, obtain copies of, or modify files, other data, or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses, or other personal information for any purpose;
  • Engage in or facilitate the transmission of unsolicited mass mailing, or “spamming”;
  • Post or promote information that you know to be false or misleading, or that promotes or facilitates illegal conduct or activities;
  • Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Use or post any defamatory, libelous, abusive, harassing, or threatening language or content, or stalk, threaten, harass, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Use racially, ethnically, or otherwise offensive or inappropriate language; or post racially, ethnically, or otherwise offensive or inappropriate subject matter;
  • Use profanity or other explicit/obscene language;
  • Solicit/post nudity, pornographic material, or other sexually explicit images (actual or simulated);
  • Post any Submission that is inflammatory, or discusses, threatens or incites violence or illegal activity;
  • Post any photographs of another person without such person’s prior written consent.

Nano Global reserves the right to investigate and take legal action against you and anyone else who, in our sole judgment and discretion, violates the restrictions set forth in these Terms of Use, including without limitation removing any offending profile information or Submission, and terminating your access to the Website.

Disclaimer of Representations and Warranties.  Your use of the Website and the Website Content is at your sole risk.  The Website and Website Content are provided on an “as is” and “as available” basis.  To the maximum extent permitted by applicable law, Nano Global expressly disclaims all representations and warranties of any kind, whether express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  We do not guarantee the accuracy, completeness, or usefulness of the Website and Website Content, and you rely on the Website and Website Content at your own risk.  Any material obtained or downloaded through the Website is done at your own discretion and risk, and you will be solely responsible for any and all damage to your computer or loss of data that results from the download of any material through the Website.  Some jurisdictions may prohibit certain disclaimers of warranties and you may have other rights that vary from jurisdiction to jurisdiction.

Limitation of Liability.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) IN NO EVENT WILL NANO GLOBAL (OR NANO GLOBAL’S SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NANO GLOBAL HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR LINKS TO THIRD PARTY SITES, AND (II) UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF NANO GLOBAL (AND NANO GLOBAL’S SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES) FOR DAMAGES ARISING OUT OF, RESULTING FROM OR RELATED TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR LINKS TO THIRD PARTY SITES (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).  Because some jurisdictions do not allow the exclusion or limitation of liability for certain consequential or incidental damages, the above limitation may not apply to you.

Indemnification.  You shall indemnify, hold harmless and defend Nano Global, and Nano Global’s shareholders, directors, officers and employees from and against any and all claims, liability, damages of every kind, losses, costs and expenses (including attorneys’ fees) arising out of, resulting from or related to (i) your use of the Website or Website Content, (ii) your violation of these Terms of Use, or (iii) your violation of any rights of a third party through use of the Website or Website Content.

Your Compliance with Local Laws.  The Website is controlled and operated by Nano Global.  Nano Global makes no representation or warranty that the Website Content available on the Website is appropriate or available for use in all locations.  Access to the Website may not be legal by certain persons or in certain countries; and access to the Website from territories where its contents are illegal is prohibited.  You may not use or export any Website Content in violation of applicable export laws and regulations.

Governing Law.  These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Texas, excluding its conflict of laws rules or principles to the extent that such rules or principles would apply the law of another jurisdiction.  The exclusive jurisdiction and venue for any claims, disputes or actions of any kind arising out of or related to these Terms of Use or your use of the Website or Website Content will lie in the State and Federal courts located in Travis County, Texas, and you irrevocably agree to submit to the jurisdiction of such courts.

No Waiver.  The delay or failure of Nano Global to enforce any right or provision in these Terms of Use, or to exercise any remedy in these Terms of Use, shall in no way constitute (or be construed or interpreted as) a waiver by Nano Global of such right, provision or remedy.  No waiver shall be effective unless it is made in writing and is signed by an authorized representative of Nano Global.

Severability.  In the event that any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect for any reason, the remaining provisions of these Terms of Use shall not be affected and shall remain in full force and effect, and such invalid, illegal, or unenforceable provision shall be modified to the extent possible in such a manner as to be valid, legal, and enforceable and in a way that best carries out the intent of Nano Global.

Forward Looking Statements.  Statements on or accessible through the Website or in the Website Content may include forward-looking statements.  Forward-looking statements may contain words such as “expect”, “believe”, “may”, “can”, “should”, “will”, “forecast”, “anticipate”, or other similar expressions, and include the assumptions that underlie such statements.  These statements are subject to known and unknown risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such statements.  Except as required under applicable law, Nano Global does not undertake any obligation to update any forward-looking statements.

Trademarks. The Nano Global products and services names mentioned on the Website or in the Website Content are either registered trademarks or trademarks of Nano Global.  Other trademarks and service marks mentioned on the Website or in the Website Content belong to their respective owners.

©2017 Nano Global Corp.  All Rights Reserved.