TERMS AND CONDITIONS

TERMS & CONDITIONS

Emphycorp Inc. The maker of EmphyClear™ products maintains this Website (“Site”) to permit visitors to learn more about EmphyClear™, its businesses and its products. Please feel free to browse the Site for educational, informational, or entertainment purposes. By using this Site, however, you hereby agree to be bound by all of the terms and conditions of this User Agreement (“Agreement”). EmphyCorp inc reserves the right at its own discretion to change the terms and conditions of the Agreement at any time and to notify users of any such changes by on-line postings. Your continued use of this Site after such postings will automatically constitute your acceptance of those changes.

All information (“Information”) which you read or see at this Site is protected by copyright or other intellectual property laws. The contents (“Contents”) are owned by EmphyCorp inc, its affiliates, or other third parties from whom EmphyCorp inc has received certain legal rights. You may not report, modify, publish, sell, reproduce, distribute, post, display, transmit, or in any way exploit any of this Site’s Contents for commercial purposes. You may, if you wish, download and retain on a disk or in hard drive form a single copy of the Contents of this Site for personal, non-commercial purposes as long as you do not remove any proprietary notices.

While EmphyCorp inc has made reasonable efforts to include Information at this site which is accurate and timely, EmphyCorp inc makes no representations or warranties as to the accuracy of such Information and, specifically, EmphyCorp Inc assumes no liability or responsibility for any errors or omissions in the Information or the Contents of this Site. Moreover, EmphyCorp inc neither warrants nor represents that your use of the Information will not infringe the rights of third parties who are not affiliated with EmphyCorp inc. Your access to and use of this Site are at your own risk, and neither EmphyCorp inc nor any party involved in the creation, transmittal, or maintenance of this Site shall be liable to you for any direct, indirect, consequential, incidental or punitive damages of any kind allegedly arising out of your access or use of this Site, or your inability to access or use this Site. Notwithstanding anything to the contrary contained herein, the Contents of this Site are provided to you on an “AS IS” basis and specifically WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not permit the exclusion of implied warranties and, as a result, some of the exclusions referenced above may not apply to you. You should check your local laws for any limitations or restrictions which might impact you.

EmphyCorp inc assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect, your computer equipment resulting from your access to or use of this Site, or the downloading of any Information from this Site.

The trademarks, logos, and service marks (“Trademarks”) displayed throughout the Site are registered and unregistered Trademarks of EmphyCorp inc and third party licensors. No license, right, or permission is granted to you for any use of the Trademarks by you or anyone authorized by you. Misuse of the Trademarks is strictly prohibited and EmphyCorp inc will aggressively enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution whenever and wherever necessary.

The pictures and images of people, products, places, or things displayed on this Site are either the property of EmphyCorp inc or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorized or affiliated with you is strictly prohibited. Unauthorized uses of pictures and images may violate copyright or trademark laws, privacy laws, or communication laws or regulations.

Descriptions of EmphyCorp inc’s products contained within the Site shall not constitute product labeling. You should use EmphyCorp inc products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase.

Internet users located in countries which are subject to U.S. trade embargo laws and regulations are prohibited from accessing this Site and are asked to promptly exit at this time. Any communication or material transmitted to this Site by electronic mail or other means, shall be treated as non-confidential and non-proprietary. This includes ideas, suggestions, comments, questions, and any other information or data. Anything submitted to EmphyCorp inc can be used, reproduced, transmitted, disclosed, or published by EmphyCorp inc or its affiliates without restriction or compensation.

EmphyCorp inc has not reviewed all of the sites which are linked to this Site. As a result, EmphyCorp inc is not responsible for the content of such linked sites and your linking to such sites is at your own risk.

EmphyCorp inc reserves the right to alter or delete any material from the Content of this Site at any time. EmphyCorp inc further reserves the right to discontinue this Site at any time and without notice.

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any conflicts of law provisions. Any cause of action with respect to this Site or this Agreement must be filed in the County of Hunterdon, State of New Jersey, within one year after the cause of action has accrued; unless such a filing is made in accordance with such rules, the cause shall be permanently barred.