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Terms and Conditions

WEBSITE TERMS OF USE

This web site (this “Site”) is provided by MKS Inc. (“MKS”) conditional on your acceptance of the terms and conditions of use set forth below (collectively “Terms of Use”). PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY BROWSING, ACCESSING, USING AND/OR DOWNLOADING INFORMATION FROM THIS SITE AND/OR SUBMITTING INFORMATION TO US YOU AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE FOR EACH USE AND EACH VISIT TO THIS SITE. If you do not agree to these Terms of Use, please do not use this Site. MKS recommends that you print a copy of these Terms of Use and the Privacy Policy for your records. The Terms of Use are entered into between MKS and you. If you are using the Site on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. Unless explicitly stated otherwise, the Terms of Use will govern your use of any new features that augment or enhance the current Site.

     

  1. Intellectual Property Rights Notices
    All material on this Site, including but not limited to, all text, data, sound, visual images, graphics, site design, software, programming, and all other content, and the selection, organization, functionality, performance and arrangement of the foregoing (each individual and collectively, the “Content”), is owned or licensed by MKS. MKS and/or its licensors own the copyright in all such materials unless otherwise indicated. The trade-marks (including all logos and designs) appearing on this website are the property of MKS unless otherwise noted, and are used under licence if not being used by MKS directly. All trade-marks that are not the property of MKS are the property of their respective owners. You agree that if you do obtain permission from MKS to copy a portion of the Content, such copies shall retain all trade-mark, copyright and other proprietary notices in the same form and manner as on the original. Except for the licence granted by these Terms of Use, your use of the Site gives you no rights in the trade-marks, copyrights, trade secrets, or any other intellectual property rights of MKS or its licensors.

     

  2. Restrictions on Use
    MKS permits you to access, use and print a copy of the Content on this Site from your personal computer for your own personal use. You shall not modify, publish, transmit, transfer, upload, download, hyperlink to, frame, sell, reproduce, create derivative works from, distribute, perform, display, or in any way otherwise use or exploit the Site or any of the Content in any manner, in whole or in part, except as expressly permitted in this Agreement or with the prior written consent of MKS. Use of the Site or its Content for any purpose other than as expressly permitted in these Terms of Use (including use of any such material on any other web site or networked computer environment) is a violation of MKS’ (and/or its licensors’) intellectual property rights and other proprietary rights. Any use of the Site or the Content in whole or in part for any other purpose is strictly prohibited and may subject you to civil and criminal liability.

    If you require further information on a permitted use or license to reproduce, republish or hyperlink to any Content, address your inquiry to:
    Larry Wasylishyn@mks.com.

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  4. User Conduct
    You agree:
    • not to use this Site in any manner which could damage, disable, overburden or impair this Site;
    • not to interfere with the security of, or otherwise abuse, this Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
    • not to disrupt or interfere with any other person's use and enjoyment of this Site or affiliated or linked sites;
    • not to upload, post or otherwise transmit on this Site any viruses or other harmful, disruptive or destructive files or computer programs;
    • not to use any robot, spider or other automatic device, or manual process to monitor or copy the web pages or the content contained at this Site;
    • not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;
    • not to take any action which imposes an unreasonable or disproportionately large load on the infrastructure of the Site;
    • not to use or attempt to use another's account, service or system without authorization from MKS, or create or use a false identity on this Site;
    • if you have a password allowing access to a non-public area of the Site, not to disclose or share your password with any third parties, nor to use your password for any unauthorized purpose;
    • not to transmit on this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; and
    • not to attempt to obtain unauthorized access to this Site or portions of this Site which are restricted from general access. In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted to or for your account, and that you will comply with all applicable laws that relate to your use or activities on this Site.

     

  5. Registration and Password
    You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify MKS of any unauthorized use of your registration or password.

     

  6. Disclaimers
    No Reliance – ALL OF THE CONTENT CONTAINED ON THIS SITE IS PROVIDED TO YOU FOR INFORMATION PURPOSES ONLY. Information and Content provided by MKS and other sources on this Site is believed to be accurate and reliable for its intended purposes when placed on the Site, but we cannot guarantee it is accurate or complete or current at all times or for all purposes. MKS shall not be responsible for any detrimental reliance you may place on this Site.

    No Site Warranties – You acknowledge that this Site and its Content, services, functionality and hyperlinks are provided on an “AS IS”, “WHERE IS” and “AS AVAILABLE” basis and without representations, warranties or conditions of any kind, either express or implied. MKS does not warrant that the Site and its Content will be available, uninterrupted or error-free, that defects will be corrected, or that the Site or server on which the Site is hosted are free of viruses or other harmful components. You agree that MKS will not be liable for loss or damage to your computer, data, or computer and telecommunications systems as a result of your use of this Site. MKS does not represent or warrant that the information and Content accessible via this Site is accurate, complete or current. You expressly agree that the entire risk with respect to your use of or reliance on this Site is assumed solely by you.

    Security – Except as expressly stated in our Privacy Policy, MKS does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in the course of your use of this Site or any hyperlinked website. General – TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, MKS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING BY STATUTE, AT LAW, IN EQUITY OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

     

  7. Limitations of Liability
    • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED ON THIS SITE, IN NO EVENT SHALL MKS AND ITS AFFILIATES, OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE “MKS PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE. IN NO EVENT SHALL ANY MKS PARTY BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HYPERLINKED WEBSITE.
    • IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MKS PARTIES’ COMBINED TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE TO $100.
    • You agree that all of the foregoing limitations of liability are comprehensive and apply to all damages, losses, expenses, claims and causes of action of any kind, whether arising from breach of contract, tort (including negligence), strict liability or otherwise, and even if any of the MKS Parties have been advised of or could reasonably foresee the possibility of such damages, losses, expenses and claims occurring.

     

  8. Indemnity
    You agree to indemnify, defend and hold harmless the MKS Parties from and against any and all claims, demands, actions, liability, losses, costs and expenses (including legal fees and expenses) arising from or related to: (i) any use or alleged use of this Site under your password or other unique identifier by any other person, whether or not authorized by you, (ii) your breach of these Terms of Use, and (iii) your violation of any law or the rights of MKS or any third party arising out of your use of or inability to use this Site, its Content, any hyperlinked website, and any of the products and services that may be made available on this Site. MKS reserves the right to assume and delegate the exclusive defense and control of any claims, demands and actions arising in connection with this indemnity and you agree to cooperate with MKS’ and its designees’ defence of these claims, demands and actions.

     

  9. Information Provided by You
    MKS does not want you to, and you should not, send any confidential or proprietary information to MKS via this Site. The security of this Site is by no means guaranteed and you agree that any information or materials that you or individuals acting on your behalf provide to MKS is sent at your own risk and will not be considered confidential or proprietary. By providing any such information or materials to MKS, you grant to MKS and its affiliates an unrestricted, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, display or perform (including display or perform in public), communicate to the public, modify, adapt, transmit and distribute such information and materials in any form, with the right to grant sub-licenses, and you also agree that MKS and its affiliates are free to use any ideas, concepts, know-how or techniques that you or individuals acting on your behalf provide to MKS for any purpose. You further recognize that MKS does not want you to, and you warrant that you will not, provide any information or materials to MKS that are harassing, defamatory, libellous, tortious, offensive, threatening, obscene or otherwise unlawful, or that incorporates the proprietary or confidential material of another.

     

  10. MKS Products and Services
    If you have any questions regarding our products or services, please visit our Contact Us page. You may either fill-out the online form or call us at the telephone numbers listed on that page. Please note that the Contact Us page and the other pages of this Site are not an offer by MKS to sell or to provide any products or services.

     

  11. Privacy Policy
    During your use of this Site, you may voluntarily submit personal information to MKS. We are committed to ensuring responsible practices in the collection, use and disclosure of your personal information in accordance with applicable law. Please click here to review our Privacy Policy (the “Privacy Policy”). The terms and conditions of the Privacy Policy are incorporated by reference into and form a binding part of these Terms of Use. BY SUBMITTING PERSONAL INFORMATION TO MKS OR ITS SERVICE PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY, AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree with our Privacy Policy, please do not provide MKS with any personal information.

     

  12. Cookies
    If you visit our Site, we may use session cookies while your browser is open, or while you are logged into our Site. To facilitate our registration and login functions, MKS may use cookies to recognize you when you return to this Site. If you do not logout of your account, these cookies allow MKS to keep track of your username and password, so that you do not have to resubmit the information to log into your account. Always remember to log out of your account so that the computer’s other users cannot access your account.

     

  13. Modification or Termination of Site Features
    MKS reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of this Site at any time for any reason without prior notice to you and without any liability to you for doing so. MKS may change, suspend or discontinue all or any aspect of this Site at any time, including the availability of any feature or Content, without prior notice and without liability to you for doing so.

     

  14. Links to Third Party Sites
    This Site may contain hyperlinks to third party websites, which are provided only as a convenience and do not necessarily imply endorsement of the linked website by MKS. Access to and use of any other website linked to the MKS Site is at your own risk and MKS is not responsible for the availability, accuracy or reliability of the contents of any linked website or any link contained in a linked website.

     

  15. Feedback and Other Visitor Materials
    This Site may enable you to provide us with feedback, comments, survey results, photographs and other materials by email or otherwise (“Visitor Materials”). If you provide Visitor Materials you hereby grant MKS a non-exclusive, royalty-free, perpetual, irrevocable and sub-licensable right to use, modify, reproduce, publish, create derivative works of, distribute and display such Visitor Materials world-wide in any media, now known or hereinafter developed, and you waive your moral rights in such Visitor Materials.

     

  16. For International Users
    MKS makes no claims that this Site and Content may be lawfully viewed or downloaded outside of Canada. Access to Content may not be legal by certain persons or in certain countries. If you access the Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction, if and to the extent that local laws are applicable. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

     

  17. Changes to the Terms of Use
    MKS reserves the right, at any time, to modify these Terms of Use, and you agree to be bound by such modifications. Such modifications shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, by posting on this Site, electronic or conventional mail. Your use of this Site following any such notice constitutes your agreement to follow and be bound by the Terms of Use as modified. If at any time these Terms of Use are no longer acceptable to you, you should immediately cease all use of this Site.

     

  18. Jurisdiction and Governing Law
    MKS makes no representation that this Site and the Content are appropriate or available for use in all locations. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable.

    These Terms of Use (including the Privacy Policy) and your use of this Site shall be construed in accordance with and governed by the laws in force in the Province of Ontario and the federal laws of Canada applicable therein, without reference to any choice of law or conflict of law principles. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any claim related to these Terms of Use (including the Privacy Policy) and your use of this Site, and agree not to bring any action, claim, suit or proceeding against MKS, its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Ontario. Where a dispute arises between you and MKS, you agree to submit the dispute to arbitration, which shall take place in Toronto and the rules governing such arbitration shall be as provided under Ontario's Arbitration Act, 1991 (Ontario) or any successor legislation.

     

  19. General
    If any provision of these Terms of Use (including the Privacy Policy) are deemed unlawful or unenforceable by a court of competent jurisdiction, then the impugned provision shall be deemed severed and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use comprise the entire agreement between you and MKS, and supersede all prior agreements between the parties, regarding the subject matter contained herein. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

     

  20. Copyright Compliance
    MKS respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact us.
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