Terms of Use

Terms of Use for JenKem Technology USA’s Website

Welcome to JenKem Technology USA’s website. JenKem Tehnology USA’s website is designed to provide information about our PEG derivative and PEG raw materials, GMP and bulk PEG synthesis capabilities, custom PEG synthesis and PEGylation services, and to provide online ordering capabilities for JenKem Technology catalog PEG products.

The following describes the terms of use that apply to visiting JenKem Techology’s website and the use of Materials on the website. Unless otherwise expressly provided, Materials offered on this website do not constitute an offer or solicitation to conduct business in any jurisdiction. Persons accessing, visiting or using this website must satisfy themselves that the laws of their country allow them to access the information or must refrain from accessing, visiting and/or using the website accordingly.

No warranties and limitation of liability:

Not all our PEG products and services are available in all geographical areas. Your eligibility to receive any product or service may be subject to approval by JenKem Technology USA or its relevant subsidiary or affiliate. While JenKem Technology USA makes reasonable efforts to provide accurate and timely Materials contained in this Web Website, JenKem Technology USA makes no warranties or representations as to the accuracy, adequacy, completeness, timeliness or fitness for any specific purpose of the Materials included or referred to in this Web Website or the reliability of its sources. There may or may not be technical inaccuracies or typographical errors contained in this Web Website, and JenKem Technology USA will correct such items at its sole discretion as they are discovered. JenKem Technology USA has no liability and assumes no responsibility or liability, on whatever basis, for any errors or omissions in the content on this Web Website, except when the damages were caused intentionally or due to gross negligence of JenKem Technology USA.

Your use and access of the Web Website is at your own risk. JenKem Technology USA and any other party, or their directors, employees or agents, involved in creating, producing, or delivering the website will NOT be liable, on whatever basis, for any direct, indirect, incidental, consequential, punitive or special loss or damages, arising out of your access to, visit of or use of the Web Website, even if JenKem Technology USA was advised of the possibility of such damages, and whether arising in tort (including negligence), contract or otherwise. Nothing in these Terms of Use shall exclude or limit JenKem Technology USA’ liability for fraud or for any death or personal injury caused by any negligence caused on the part of JenKem Technology USA or for loss or damages caused intentionally or due to gross negligence of JenKem Technology USA . There is no warranty that your access to or use of this website will be uninterrupted or error free, or that any particular results may be obtained by use of this website.

Without limiting the foregoing, you recognize that use and access of this website is without warranty of any kind, and any Materials on this website are provided “as is”. To the fullest extent permissible by applicable law, JenKem Technology USA expressly excludes all representations, liabilities, warranties, conditions and other terms, express or implied, of any kind (including but not limited to any conditions of satisfactory quality, fitness for purpose and the use of reasonable skill and care) which might otherwise be implied into or incorporated in these terms of use, whether by statute, law or otherwise.

JenKem Technology USA also assumes no responsibility, and shall not be liable for any loss or damages caused by any viruses that may infect your computer equipment or other property on account of your access to or use of the Web Website or your downloading of any Materials, images, content, data, video or audio files, from the Web Website or any web sites linked to or from this Web Website.

Intellectual property rights:

The Materials contained in this website are protected by Intellectual Property Rights, which are claimed by JenKem Technology USA, its affiliated entities or third parties. Intellectual Property Rights include, but are not limited to, any of JenKem Technology USA, its affiliates or third parties patents, trademarks, trade names, inventions, copyrights, (registered and unregistered) design rights, databases, or know how and any other intellectual property relating to the website and the Materials.

The Materials may not be used (except as provided in these Provisions or in the text on the website) without the prior written permission of JenKem Technology USA, its affiliated entities or the third party owner. Nothing contained on the Web Website should be construed as granting you, your agents or employees any license or written permission to use the Materials or Intellectual Property Rights. Subject to the paragraph “Export Controls”, you may, however, download Materials for non-commercial, personal use only, provided you also retain and do not alter any copyright and other proprietary rights notices contained on the Materials. JenKem Technology USA does not authorize you to distribute, modify, transmit, reuse, report, decompile, reverse engineer or use the Materials and other contents of the Web Website for public or commercial purposes, including the text, images, audio and video. Your unauthorized use of any Intellectual Property Rights, Materials or any other content on the Web Website is strictly prohibited.

JenKem Technology USA does not warrant or represent that your use of content or Materials contained in or displayed on this Web Website will not infringe intellectual property or other rights of third parties not owned by or affiliated with JenKem Technology USA. Please be aware and advised that JenKem Technology USA will aggressively enforce its Intellectual Property Rights to the fullest extent of the applicable law, including, where applicable, the seeking of criminal prosecution.

Governing law and jurisdiction:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, United States of America. Any legal action concerning these Terms of Use or this website must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of Texas, without prejudice to JenKem Technology USA ’ or the website user’s right to bring suit before a court of competent jurisdiction.

Export control:

The United States, European Union and any applicable national export control laws prohibit the export of certain technical data and software to certain territories. No content from this website may be downloaded or otherwise exported in violation of these laws.

Linked websites:

This website also contains links to websites published by third parties. Links to this website may also be included on third party websites. JenKem Technology USA has not reviewed all of the web sites linked to or from the Web Website and is neither responsible nor liable for the contents of any off-website pages or any other non-JenKem Technology USA websites linked to or from the website. JenKem Technology USA provides or allows such links as a convenience and does not endorse the companies or contents of any linked sites. By creating a link to a third party web website or by being a target of a link from a third party web website, JenKem Technology USA does not endorse or recommend any products or services offered on that third party web website nor does JenKem Technology USA identify with the content of such web sites. Neither does JenKem Technology USA express any implied or explicit appreciation as to the accuracy and / or reliability of the information to be found, directly or indirectly, on any third party web website or as to the reliability and / or honorableness of any third party. Your linking to or from any other off-website pages or other web sites is at your own risk. If you are of the opinion that a linked web website does contain any unlawful or illegal content, please contact JenKem Technology USA at the address mentioned on the web page “Contact us” .

Unauthorized access or modification:

Access to and use of password protected and/or secure information areas of the website is restricted to authorized users only. Unauthorized individuals attempting to access this information or these areas of the Web Website may be subject to prosecution in addition to any other remedy available to JenKem Technology USA at law or equity, including the suspension or termination of access to this website. You, personally, may not, nor shall you assist others to, add, alter, substitute, amend or frame in whole or in part any information displayed by JenKem Technology USA on the website or any functions performed by the website. You may set up links from other web sites to the home page of this website. However, you must first obtain the prior written consent of JenKem Technology USA to set up links to any other pages within this website, whether by hypertext linking, deep linking, framing, tagging or otherwise.

Termination and indemnification:

You agree that JenKem Technology USA may terminate your access to and use of the website at any time, without prior notice, if it considers you to have violated any of these Provisions or any applicable law or regulation. You agree to indemnify, defend and hold harmless JenKem Technology USA, its officers, directors, employees, agents, contractors, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Provisions or JenKem Technology USA’ termination of your access to or use of this website. Termination will not affect either party’s rights or obligations, which accrued before the termination.

Severability and changes:

In the event any of the Provisions would be held to be unenforceable, the remaining Provisions shall remain in full force and effect and the unenforceable Provision shall be replaced by such enforceable Provision as comes closest to the intention underlying the unenforceable Provision. JenKem Technology USA ‘ failure to insist upon or enforce strict performance of any Provision herein shall not be construed as a waiver of any Provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any Provision herein. JenKem Technology USA may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
JenKem Technology USA may update these website Terms of Use from time to time. You are encouraged to review this statement regularly for any changes. Please contact us at tech@jenkemusa.com for concerns about these terms of use.