Terms of Use

Effective Date: May 10, 2019

General

This terms of use agreement (“Terms of Use”) governs your access to and use of the websites, including the online store (collectively “Website”), operated by CVD Equipment Corporation and its subsidiaries and affiliates (collectively “CVD”).  Please read these Terms of Use carefully.  By using our Website, you agree to be bound by these Terms of Use.  If you do not wish to be bound by these Terms of Use, please do not use our Website.

Certain features of the Website, including among other things software, advertisement, and hosting, may be provided by unaffiliated third-party service providers (“Service Providers”).  CVD may change, terminate, discontinue, suspend, or remove any aspect of the Website at any time, including the availability of any features, databases, or content.

These Terms of Use may be updated from time to time, without actual notice to you, as indicated by the current Effective Date.  It is in your best interest to review these Terms of Use from time to time so you can stay informed about any changes to the Terms of Use.  Your continued use of the Website after any update to the Terms of Use constitutes your acceptance of the updated Terms of Use.  If you do not agree with any updates to our Terms of Use, please do not use our Website.

Customer Registration

Customers may create an account with our online store.  In order to create an account, you may need to provide certain information including your name and email address.  By registering for an account, you agree that the information you provide is accurate, current, and complete and that you will maintain and update such information as necessary.  To review, correct, change, or update your information, please visit “My Account” or contact us.  Please review our Privacy Policy to learn how the information you provide when registering for an account is used and handled by us.

To create an account, you will have to select a password and user name.  It is your responsibility to maintain the confidentiality of your password, user name, and any other account information (collectively “Account Information”).  If you learn of any unauthorized use of your Account Information, you agree to notify us immediately.  You agree to indemnify and hold harmless CVD and its Service Providers for any improper or illegal use of your Account Information.

You may delete your account at any time by contacting us.  We reserve the right to suspend or terminate your account if (1) any of the information you provide is untrue, inaccurate, not current, or incomplete; (2) you violate these Terms of Use or our Privacy Policy; or (3) your email address is canceled or becomes inactive or inaccessible for an extended period of time.

Customer and User Conduct

By using our Website, you agree not to:

  • disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website;
  • disrupt or interfere with any other user’s enjoyment of the Website;
  • upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files;
  • upload, post, or otherwise transmit through or on the Website spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
  • upload, post, or otherwise transmit through or on the Website any material, non-public information about a company without the proper authorization to do so
  • use or attempt to use another’s account, service, or system without authorization from CVD or a Service Provider;
  • collect or attempt to collect content or information from the Website or otherwise access the Website using automated means without prior permission;
  • create or use a false identity on the Website;
  • attempt to obtain unauthorized access to the Website or portions of the Website which are restricted from general access;
  • reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Website; and
  • divulge your username or password to others either on or off the Website.

The above list is non-exhaustive.  Other conduct may violate these Terms of Use, our Privacy Policy, or applicable laws.  You agree that you are solely responsible for actions and communications undertaken or transmitted under your account.  You agree to comply with all applicable local, state, federal, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the Website.  This Website is controlled and operated in the United States.  CVD makes no representation that the Website is appropriate or available for use outside the United States.

Intellectual Property and Confidential Information

Unless otherwise indicated, all content on the Website, including without limitation text, design, software, photographs, videos, graphics, logos, technical drawings, specifications, and other files (collectively “Website Content”) is protected by law including but not limited to copyright, trademark, and other intellectual property laws.  CVD does not grant any express or implied rights or licenses to you to any of its intellectual property or the Website Content.  Website Content may not be exploited or used in any manner, in whole or in part, without CVD’s prior written consent, including without limitation modifying, distributing, displaying, imitating, reverse engineering, performing, reproducing, republishing, downloading, posting, transmitting, using, selling, or creating derivative works from such Website Content.  Notwithstanding the foregoing, Website Content may be downloaded or printed provided all copyright or other proprietary notices are kept intact and such Website Content is not distributed to third parties and is not used to compete with CVD.  CVD reserves the right to make changes to or remove any Website Content at any time without prior notice to you.

Any content, communications, ideas, drawings, data, or other types of information (collectively “User Provided Information”) transmitted on or through the Website shall be treated as non-confidential information, except as otherwise provided for in our Privacy Policy.  By submitting such User Provided Information, you grant CVD an unrestricted, irrevocable, non-exclusive, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute such information.

Privacy Policy

Please review our Privacy Policy, incorporated by this reference, for more information on how CVD and its Service Providers utilize any personal information provided via the Website and how such information is protected.

Products and Services

CVD shall attempt to keep any information or documentation regarding its products and services up-to-date; however, CVD makes no guarantees that the products and services you view on the Website will be available at the time you place an order or inquiry.

Online Store

All prices quoted on our online store are in U.S. dollars.  CVD reserves the right to change its pricing or to make alterations to or discontinue any of its products or services at any time without prior notice to you.  Not all products available on the Website are available for export to all countries.  CVD reserves the right to reject any order for any reason.

To place an order through our online store, you may be required to provide personal information such as your credit card number, your billing address, and your shipping address.  All such personal information provided shall be treated in accordance with our Privacy Policy.

Terms of Sale

All purchases made through our online store are subject to the CVD Materials Corporation Terms and Conditions of Sale (“Terms of Sale”), which should be reviewed prior to placing an order.  These Terms of Sale may be updated at any time, without any prior notice to you, as indicated by the “Effective Date” of the Terms of Sale.  By placing an order online, you agree to be bound by and accept the Terms of Sale in effect at the time the order is submitted. 

Third Party Links and Content

At times, the Website may contain links to third party websites, services, and advertisements (“Linked Sites”).  These Linked Sites are solely provided as a convenience and do not constitute an endorsement, sponsorship, or recommendation by CVD of the Linked Sites.  You acknowledge that these Linked Sites may not be under the control of CVD and, therefore, you agree that CVD has no responsibility for any content, services, or products available on or through such Linked Sites.

Should you wish to link to our Website from your website, please contact us.  All links to the Website must be approved in writing by CVD.  Any such requests may be denied at the sole discretion of CVD.

Disclaimers and Limitation of Liability

THE WEBSITE, INCLUDING WEBSITE CONTENT, MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS.  CVD AND ITS SERVICE PROVIDERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE.

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED FROM, OR ACCESSED FROM OR THROUGH THE WEBSITE, AND YOUR RELIANCE ON ANY WEBSITE CONTENT IS AT YOUR OWN RISK.  YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM SUCH USE OR RELIANCE.  THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

CVD AND ITS SERVICE PROVIDERS, AS WELL THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS, AND DIRECTORS, SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OF ACTION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM (1) THE USE OF OR INABILITY TO USE THE WEBSITE OR ANY CONTENT CONTAINED THEREIN; (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, COMMUNICATION LINE FAILURE, NETWORK OR SYSTEM OUTAGES, THEFT, OR DESTRUCTION; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE WEBSITE, THE WEBSITE CONTENT, OR USER PROVIDED INFORMATION TRANSMITTED THROUGH OR ATTEMPTED TO BE TRANSMITTED THROUGH THE WEBSITE; OR (4) YOUR BREACH OF ANY WARRANTY OR CONTRACT.

Applicable Law

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to the principles of conflict of law thereof.  Any litigation arising out of these Terms of Use may be conducted only in the state or federal courts located within New York, County of Suffolk and you hereby consent to the exclusive jurisdiction of such courts.  The language to be used to interpret and enforce these Terms of Use is English.

You agree that any cause of action arising out of or related to these Terms of Use or your use of the Website must be filed within one (1) year from the accrual of such cause of action or it shall be permanently barred.

Invalidity

In the event of invalidity of any provision of these Terms of Use, you agree that such invalidity shall not affect the validity of the remaining portions of these Terms of Use.