Your use of the ACTIO Corporation ("Actio") website (the "Site") and all information, products and services on the Site, (collectively, the "Services") are subject to the terms set forth ("Terms"). We may update these Terms from time to time without giving you notice and you are responsible for checking these terms. By using these services, you agree to each of the terms set forth below. If you do not agree to these terms you are not authorized to use this Site or any of these Services.

If any conflict arises between these Terms and the Actio Software Corporation Service Agreement (the "Agreement"), the Agreement prevails.

Use of the Site, does not grant you any intellectual property licensees or proprietary rights in any material whatsoever whether it be the material of ACTIO or third parties. All pages within this Site are the property of Actio and/or its affiliates unless otherwise stated. No portion of the materials on these pages may be reprinted or republished in any form without the express written permission of Actio.

"Actio Corporation", "Actio CMA", "Actio Gatekeeper", "MSDS Vault" and the "Actio Regulator" are trademarks and service marks of Actio. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Any questions regarding your rights in material accessed through the Site should be made to Actio Corporation using the contact information given at the end of this document.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACTIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESED OR IMPLIED. INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIABLITITY, FITNESS OF A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES.


2. ANY MATERIAL DOWLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM. YOU UNDERSTAND THAT EXCEPT FOR INFORMATION, PRODUCTS OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY ACTIO, ACTIO DOES NOT REVIEW, OPERATE, OR CONTROL, ANY MATERIAL, INFORMATION, PRODUCTS, OR SERVICES ON WEBSITES OF THIRD PARTIES, INCLUDING THOSE ACCESIBLE THROUGH ACTIO'S SITES.


3. The Actio Web Site contains links and pointers to the other related World Wide Web Internet sites and resources. Links to and from Actio Web Site to other third party sites, maintained by third parties, do not constitute an endorsement by Actio or any of its subsidiaries or affiliates of any third party resources, or their contents. ACTIO DOES NOT WARRANT THAT INFORMATION OF THIRD PARTIES, INCLUDING MSDS INFORMATION, IS UP TO DATE, IN COMPLIANCE, OR FULLY ACCURATE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL ACTIO OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USE OF THE SITE AND/OR INFORMATIONOR FROM THE USE OF OR INABILITY TO USE THE SITE.

Although Actio attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. Actio disclaims any responsibility for any errors or omissions such as unintended technical inaccuracies or typographical errors, in any materials. You also understand that Actio cannot and does not guarantee or warrant that files accessible will be free of "infection" or "viruses," "worms," "Trojan Horses" or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Actio Site for the construction of lost data. Use of the Actio Site and the internet generally is at the User's own risk.

You represent, warrant and covenant that: (a) you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the fights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old.

You hereby agree to indemnify, defend and hold Actio, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Actio reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Actio.

This Agreement is entered into in the State of New Hampshire and shall be governed by and construed in accordance with the laws of the State of New Hampshire, exclusive of its choice of law roles. Each party to this Agreement submits to the exclusive jurisdiction of the state and federal courts sitting in the State of New Hampshire, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. Actio may modify the terms of this Agreement by posting notice of such modification on a page of the Site entitled "Legal Notices" or "Legal Information" (or similar title) before the modification takes effect.

For Further Information, contact
Actio Corporation
6 Merrill Industrial Drive
Hampton, NH 03842
Email: contact@actio.net
Tel: 603.929.2110
Fax: 603.929.1442