Policies
DISCLAIMER
Information provided by Industrial Nanotech, Inc. and other sources on our Web Site is believed to be
accurate and reliable when placed on this Site, but we cannot guarantee it is accurate or complete or
current at all times. Information on this Site is for information purposes only. The Industrial Nanotech,
Inc. Web Site contains links to third party Web Sites and Industrial Nanotech, Inc. is not responsible for
the accuracy, reliability, or privacy policies or any information, data, opinions, advice or statements
made on these Sites. Users of this site hereby agree that neither NORTHBAY NANO nor any of its
directors, employees, heirs, assigns, agents, or other stated or implied or perceived representatives
will be liable for damages arising out of or in connection with the use of this site. This is a
comprehensive limitation of liability that applies to all damages of any kind, including (without limitation)
compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or
damage to property and claims of third parties.
RETURN POLICY – EXCLUSIVE REMEDY
You agree that your sole remedy in the event you are not satisfied with the product to be that you may
return the unaltered product for a full refund limited to repayment of the purchase price of items not
conforming to the description on the INDUSTRIAL NANOTECH, INC invoice. We only require that you
ship the containers back to the factory with a shipping date and tracking order from your location,
which is within five business days of your receipt of product, and that only one of the containers has
been opened and no more than 5% of the material in the opened container has been removed.
Refunds will be issued within 3 business days of our receipt of product at factory, subject to verification
test of the unaltered condition of product. INDUSTRIAL NANOTECH, INC's liability is limited to
repayment of the purchase price of items not conforming to the description on the INDUSTRIAL
NANOTECH, INC invoices upon return of the items to factory per the preceding qualifications.
SHIPPING POLICY
As a courtesy, Industrial Nanotech, Inc. provides information regarding shipping rates for ecommerce
orders and provides availability of shipping through UPS or other carriers as from time to time may be
made available on the website or through our Customer Service Center. Purchaser agrees that
Industrial Nanotech, Inc. is in no way endorsing or recommending the services of any shipping
company or freight carrier and that Purchaser accepts full responsibility for choice of shipping
company or freight carrier and Purchaser further agrees that any recourse for delays or damage of
shipment are limited to those offered by the shipping company or freight carrier and that Purchaser
shall hold harmless Industrial Nanotech, its directors, employees, heirs, assigns, agents, or other
stated or implied or perceived representatives will be liable for damages arising out of or in connection
with the use of any shipping company or freight carrier. Applicable sales tax, when relevant is
calculated when you place your order.
PRIVACY POLICY
Our Commitment to Privacy:
Our Privacy Policy was developed as an extension of our commitment to combine quality products and
services with integrity in dealing with our users. The Policy is designed to assist you in understanding
how we collect, use and safeguard the personal information you provide to us and to assist you in
making informed decisions when using our site and our products and services.
What Information Do We Collect?
When you visit our site you may provide us with two types of information: personal information you
actively choose to disclose (“Active Information”) and use information collected, in a way not visible to
you, on an aggregate anonymous basis as you and others browse our site (“Passive Information”).
No Use of Our Site by Persons Under 13
No person under 13 should disclose information on this site. You may learn more about protecting
children’s privacy online by visiting www.ftc.gov/kidzprivacy.
Active Information You Choose to Provide
In order to make purchases on this site, you agree to provide:
Your Name, Address, Telephone Number, Email Address, Credit Card Information In Our Secure
Ecommerce Pages.
If you choose to post information on our site or maintain email, snailmail or telephone contact with us,
we may retain your contact information also.
Passive Information Collected
Our site utilizes a standard technology called “cookies” to collect information about how our site is
used. Passive Information gathered may include the date and time of visits, the site pages viewed, time
spent at our site, the sites visited just before and just after our site. Passive Information is collected on
an aggregate basis without any association to your personal information so that you remain
anonymous. If you do not wish to transmit “cookie” information about yourself, you may turn off the
cookie function in your web browser; please consult the “Help” section of your browser to correctly do
so.
What is a Cookie?
Cookies are a feature of web browser (Internet Explorer, Netscape Navigator, etc.) software that allows
web servers to recognize the computer used to access a site. They are small pieces of data that are
stored by a user’s web browser on one site to simplify subsequent interactions with that site by the
same user or to use the information to streamline the user’s transaction on related web pages. This
makes it easier for a user to move from site to site and to complete transactions over the Internet.
Cookies should make your online experience easier and more personalized.
How Do We Use the Information Collected?
Broadly speaking, persons we employ directly, or as contractors or agents at our direction, use Active
Information for purposes of administering our business activities, providing customer services such as
support, and making available other products or services we think may be of interest to our users. We
may use the Active Information or Passive Information you provide to us to contact you about changes
to our site, new services, features or products we offer, or other information we think you shall find
valuable. If at any time you do not wish to receive such information, please send us an email .
We use Passive Information to gather information about our users and to enhance and design our site
to make it easier, faster and friendlier to use. Additionally, cookies help us know information about how
many people visit our site, when they visit and how they use our service. We do not connect any of this
information to your personal information or email address. However, Passive Information may result in
your viewing of particular advertising based on your user habits for your viewing on our site.
Your Information In Relation to Others We Link To
You may be able to access other websites through our site. When you do so you are doing so subject
to their policies regarding privacy and data collection and you should read those sites’ privacy policies
to make sure you agree to them before using such sites. When you choose to shop at such sites, you
should read their privacy policies to make sure you agree to them before making purchases.
Sharing Information with Advertisers or Other Third Parties
We may disclose anonymous information about user habits, characteristics and user patterns, based
on aggregate user statistics to advertisers on our site. We do not include personal information, with
the exception of anonymous demographics of our users, in any information distributed to third parties.
Sharing Information with the Government or As Otherwise Required by Law
We may be required by law or government agency to disclose both Active and Passive Information you
have provided to us.
How Do We Secure Active Information and Passive Information?
We secure your personal information submitted by you by using reasonable efforts to prevent
unauthorized access or disclosure, or accidental loss or destruction of Active Information and Passive
Information. Your postings on this site and other communications you may have with us via email or
snailmail may not be secure unless we advise you that security measures are in place prior to your
sending information. Therefore, if you choose to communicate with us through these means, you are
assuming the risk of doing so and we request that you do not send or post sensitive information
through these means.
How Can You Choose Not to Receive Information About Products or Services By Us or to Correct,
Delete or Access Your Information
If you desire not to receive information about products or services we think may be of interest to you or
if you wish to access, delete or correct you information, please send us an email to:
corporate@industrial-nanotech.com
We reserve the right to revise this policy at our discretion. Please check back on this site as this policy
may be revised from time to time without notice to you.
USER AGREEMENT (“Agreement”)
ACCEPTANCE OF TERMS THROUGH USE
By using this site or by clicking “I agree” to this Agreement, you (“User”) signify your agreement to
these terms and conditions. If you do not agree to this Agreement please do not use this site and do
not click “I agree”. Please check this Agreement periodically for changes as the owner of this Site,
hereby noted to be North Bay Nano (“Company”) reserves the right to revise this Agreement and your
continued use of this site following the posting of any changes to the Agreement constitutes
acceptance of such changes. The Company reserves the right to terminate a User’s use of this site at
any time without notice and may do so for any breach of this Agreement or the instructions on this site
by User. This Agreement applies to licensors and advertisers as well.
YOU MUST BE OVER 18 TO AGREE TO THIS AGREEMENT AND USE THIS SITE
This Agreement must be completed, understood and agreed to by a person over 18. If a parent or
guardian wishes to permit a person under 18, and under his or her supervision, to use this site, he or
she should email the Company with his or her explicit permission and acceptance of full legal
responsibility for the minor to do so. If you are not yet 18, if you are easily offended, or are accessing
this site from any country where material on this site is prohibited or illegal, please leave now as you
do not have permission to access this site.
LICENSE TO USE THIS SITE
Upon your agreement to this Agreement, the Company hereby grants you a non-exclusive, non-
transferable limited license to use this site in strict accordance with the terms and conditions in this
Agreement and as permitted via instructions on this site. You agree not to make any false or
fraudulent statements in your use of or to gain access to this site. You acknowledge and agree that all
content and services available on this site are property of the Company and its advertisers and
licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade
secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly
granted herein are fully reserved by the Company, its advertisers and licensors.
LICENSE RESTRICTIONS
Use
Except as may be explicitly permitted through this site, you agree not to save, download, cut and
paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly
perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this
site. Systematic retrieval of data or other content from this site to create or compile, directly or
indirectly, a collection, compilation, database or directory without written permission from the Company
is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this
Agreement is prohibited.
Security
You agree that if you are issued a Username and Password by the Company, you shall use your best
efforts to prevent access to this site through your Username and Password by anyone other than
yourself, including but not limited to, keeping such information strictly confidential, notifying the
Company immediately if you discover loss or access to such information by another party not under
your control and supervision, and by using a Username and Password not easily guessed by a third
party.
You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile,
disassemble, translate or otherwise alter any executable code, contents or materials on or received via
this site. You understand that such actions are likely to subject you to serious civil and criminal legal
penalties and that the Company shall pursue such penalties to the full extent of the law to protect its
rights and the rights of its other licensors.
International Users
Accessing this site, and services, products or contents available on this site, except as expressly
allowed through instructions and truthful statements by the User in regard to use of this site, from
places outside the U.S. or where their contents are illegal, is prohibited. Those who choose to access
this site from other locations do so knowingly on their own initiative and voluntarily at their own risk and
are responsible for compliance with local laws. None of the information on this site may be
downloaded, exported or reexported into Iran, Iraq, Syria, Libya, Sudan, Cuba, North Korea, Yugoslav
Republic (Serbia and Montenegro), Rwanda, Nigeria or any other country with restrictions imposed by
the U.S. Government. By using this site, you agree that you are not a citizen of or a resident in any of
these countries.
Export
You agree that you shall comply with all applicable export and import control laws and regulations in
your use of this site, or materials or services received through this site, and, in particular, you shall not
export or re-export anything on or received through this site in violation of local or foreign export laws
and/or without all required U.S. and foreign government licenses.
Government Use.
If you are a branch or agency of the U.S. Government, the following provision applies. This site, code,
contents, services and accompanying documentation are comprised of "commercial computer
software" and "commercial computer software documentation" as such terms are used in 48 C.F.R.
12.212 (SEPT 1995) and are provided to the Government (i) for acquisition by or on behalf of civilian
agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf
of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1
(JUN 1995) and 227.7202-3 (JUN 1995). Unpublished rights reserved under the copyright laws of the
United States.
USER'S LICENSE GRANT TO SITE
Except with regard to personal information, all information which you post on this site or communicate
to the Company through this site (collectively “Submissions”) shall forever be the property of the
Company. You agree to the any Site Submission Rules of the Company whether included in this
Agreement or as may be added or changed from time to time by the Company or provided on the site
by the Company. The Company shall not treat any submission as confidential and shall not incur any
liability as a result of any similarities that may appear in future Company services or products. Without
limitation, the Company shall have exclusive ownership of all present and future existing rights to any
Submission of every kind and nature everywhere. You acknowledge that you are fully responsible for
the message, including its legality, reliability, appropriateness, originality and copyright. You hereby
represent and warrant that your Submission does not infringe the rights of any third party.
TRADEMARKS
The Company’s, licensors’ or other third party materials, services or products referenced on this site
are common law or registered trade marks or service marks of such parties.
THIRD PARTY SITES
You may be transferred to online merchants or other third party sites through links or frames from this
site. You are cautioned to read such sites’ Terms and Conditions and/or Privacy Policies before using
such sites in order to be aware of the terms and conditions of your use of such sites. These sites may
contain information or material that is illegal, unreasonable or that some people may find inappropriate
or offensive. These other sites are not under the control of the Company, are not monitored or
reviewed by the Company, and the Company is not aware of the contents of such sites. You
acknowledge that the Company is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of the contents or any transmissions received through such sites. The
inclusion of such a link or frame does not imply endorsement of this site by the Company, its
advertisers or licensors, any association with its operators and is provided solely for your convenience.
You agree that the Company and its licensors have no liability whatsoever from such third party sites
and your usage of them.
DISCLAIMER OF WARRANTIES
THE COMPANY, ITS ADVERTISERS AND LICENSORS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE, OR ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE. ALL INFORMATION AND USE OF THIS SITE ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HEREBY
DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE INFORMATION CONTAINED ON OR
RECEIVED THROUGH USE OF THIS SITE AND ANY SERVICES OR PRODUCTS RECEIVED
THROUGH THIS SITE, INCLUDING ALL EXPESS, STATUTORY, AND IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS DO NOT WARRANT THAT THE
CONTENTS OR ANY INFORMATION RECEIVE THROUGH THIS SITE ARE ACCURATE, RELIABLE OR
CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY
INFORMATION RECEIVED THROUGH THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. USER AGREES THAT IT HAS
RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS
AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN
WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS
SITE, THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY
SERVICES OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER
THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF THE COMPANY, ADVERTISERS AND/OR ITS LICENSORS HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE
COMPANY, ADVERTISERS AND/OR ITS RESPECTIVE LICENSORS’ LIABILITY IN SUCH
JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR
JURISDICTION.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its advertisers, licensors,
subsidiaries and other affiliated companies, and their employees, contractors, officers, agents and
directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of
this site, or any services, information or products from this site, or any violation of this Agreement. The
Company reserves the right, at it own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you, in which event you shall cooperate with the
Company in asserting any available defenses.
LEGAL COMPLIANCE
Company may suspend or terminate this Agreement or User’s use immediately upon receipt of any
notice which alleges that User has used this site for any purpose that violates any local, state, federal
or law of other nations, including but not limited to the posting of information that may violate third
party rights, that may defame a third party, that may be obscene or pornographic, that may harass or
assault others, that may violate hacking or other criminal regulations, etc. of its agents, officers,
directors, contractors or employees. In such event, Company may disclose the User’s identity and
contact information, if requested by a government or law enforcement body or as a result of a
subpoena or other legal action, and Company shall not be liable for damages or results thereof and
User agrees not to bring any action or claim against Company for such disclosure.
CHOICE OF LAW AND FORUM
This site (excluding third party linked sites) is controlled by the Company from its offices within the
State of California, U.S. of America. It can be access from all 50 states as well as from other countries
around the world to the extent permitted by site. As each of these places has laws that may differ from
the state of California, by accessing this site, both you and the Company agree that the statues and
laws of the state of California shall apply to any actions or claims arising out of or in relation to this
Agreement or your use of this site, without regard to conflicts of laws principles thereof. You and the
Company also agree and hereby submit to the filing of any claim only in the exclusive personal
jurisdiction and venue of the state of California and any legal proceedings shall be conducted in
English. The Company makes no representation that materials on this site are appropriate or available
for use in other locations, and accessing them from territories where their contents are illegal is
prohibited. This Agreement shall not be governed by the United Nations Convention on Contracts for
the Sale of Goods.
MISCELLANEOUS
This Agreement incorporates by reference the Site Submission Rules if this site allows posting and
posts such Rules. This Agreement constitutes the entire agreement between the parties related to the
subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic)
agreement between the parties and shall not be changed except by written agreement signed by an
officer of the Company. If any provision of this Agreement is prohibited by law or held to be
unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as
possible under applicable law shall continue in full force and effect as if such unenforceable provision
had never constituted a part hereof and the unenforceable provision shall be automatically amended
so as to best accomplish the objectives of such unenforceable provision within the limits of applicable
law. User shall not assign or transfer this Agreement and any such transfer shall be void.
Site Submission Rules
By using features of this site that allow you to post or otherwise transmit information to or through this
site, or which may be seen by other users, you agree that you shall not upload, post, or otherwise
distribute or facilitate distribution of any content -- including text, communications, video, software,
images, sounds, data, or other information -- that:
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of
another's privacy, tortious, obscene, sexually explicit or graphic, or otherwise in violation of this site’s
rules or policies;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of
religion, gender, sexual orientation, race, ethnicity, age, or disability;
• infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity,
privacy or other proprietary right of any party;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"),
chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
• contains software viruses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or other information of any third
party; or
• impersonates any person or entity, including any employee or representative of this site, its licensors
or advertisers.
You also agree that you shall not harvest or collect information about the users of this site or use such
information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-
mail or communications for any other commercial purpose of your own or a third party.
You further agree that you shall not solicit or collect information, or attempt to induce any physical
contact with, anyone 18 years old or younger without appropriate prior verifiable express parental
consent.
This site generally does not pre-screen, monitor, or edit the content posted by users of this site.
However, this site and its agents have the right, at their sole discretion, to remove any content that, in
this site’s sole judgment, does not comply with the Site Submission Rules or is otherwise harmful,
objectionable, or inaccurate. This site is not liable for any failure, delay, damages or results, in
removing such content.
You agree that your use of this site may be suspended or terminated immediately upon receipt of any
notice which alleges that you have used this site in violation of these Rules and/or for any purpose that
violates any local, state, federal or law of other nations, including but not limited to the posting of
information that may violate third party rights, that may defame a third party, that may be obscene or
pornographic, that may harass or assault others, that may violate hacking or other criminal
regulations, etc. of its agents, officers, directors, contractors or employees. In such event, you agree
that the owner of this site may disclose your identity and contact information, if requested by a
government or law enforcement body or as a result of a subpoena or other legal action, and the owner
of this site shall not be liable for damages or results thereof, and you agree not to bring any action or
claim against the owner of this site for such disclosure.
This site reserves the right to revise these Site Submission Rules at its discretion, so check back from
time to time to be sure you are complying with the current version.
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