Terms and Conditions
- Intellectual Property Rights Notices
- Restrictions on Use
If you require further information on a permitted use or license to reproduce, republish or hyperlink to any Content, address your inquiry to:
- User Conduct
- 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.
- 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.
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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.