General Use Restrictions
Eastman authorizes you to view and download the materials at this website (“Site”) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. You may not frame or using framing techniques to enclose any trademark, logo, or other proprietary information (including text, images, page layout) of the Site without express written consent. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
THIS SITE AND THE INFORMATION CONTAINED WITHIN IT ARE PROVIDED ON AN “AS IS” BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. USE OF THIS SITE AND THE INFORMATION THEREIN IS AT THE USER’S SOLE RISK.
This Site content is provided for your general information only and does not constitute an offer to sell or a solicitation of an offer to buy products. The content of this site may include technical inaccuracies or typographical errors. Eastman shall not be responsible for the use of any information herein presented and you must make your own determination as to its suitability and completeness for your use, including but not limited to the protection of the environment and health and safety purposes. By providing this information, Eastman neither can nor intends to control the method or manner by which you use, handle, store or transport Eastman products. Any product, process or technology described in the Site may be the subject of intellectual property rights reserved by Eastman or others and are not licensed hereunder. Eastman makes no representation or warranties, express or implied, that any use of information contained on the Site will not violate any such intellectual property rights.
Material Safety Data Sheets providing safety precautions that should be observed in handling and storing Eastman products are available on request. These data sheets describe the properties of the Material. They shall not be considered warranties. You should obtain and review the available material safety information before handling any of these products. If any materials are mentioned that are not Eastman products, appropriate industrial hygiene and other safety precautions recommended by their manufacturers should be observed.
Eastman assumes no obligation to update or continue to post the information contained on the Site and reserves the right to make changes and corrections to the Site content or product availability at any time, without notice. Eastman does not guarantee that access to this Site will not be interrupted, that this Site will be free of viruses or that this Site cannot be tampered with by third parties.
The prices and availability of products and services on this Site may change without notice to you at any time in Eastman’s sole discretion. Eastman shall have the right to refuse or cancel any orders that may be placed for product listed at an incorrect price.
Pursuant to a confidential settlement agreement, portions of this website may be licensed under various patents owned by Geotag, Inc., including U.S. Patent No. 5,930,474.
It is the responsibility of the medical device manufacturer (“Manufacturer”) to determine the suitability of all component parts and raw materials, including any Eastman product, used in its final product in order to ensure safety and compliance with requirements of the United States Food and Drug Administration (FDA) or other international regulatory agencies.
Eastman products have not been designed for nor are they promoted for end uses that would be categorized by either the United States FDA or by the International Standards Organization (ISO) as implant devices. Eastman products are not intended for use in the following applications: (1) in any bodily implant applications for greater than 30 days, based on FDA-Modified ISO-10993, Part 1 “Biological Evaluation of Medical Devices” tests (including any cosmetic, reconstructive or reproductive implant applications); (2) in any cardiac prosthetic device application, regardless of the length of time involved, including, without limitation, pacemaker leads and devices, artificial hearts, heart valves, intra-aortic balloons and control systems, and ventricular bypass assisted devices, or (3) as any critical component in any medical device that supports or sustains human life.
For manufacturers of medical devices, biological evaluation of medical devices is performed to determine the potential toxicity resulting from contact of the component materials of the device with the body. The ranges of tests under FDA-Modified ISO-10993, Part 1 “Biological Evaluation of Medical Devices” include cytotoxicity, sensitization, irritation or intracutaneous reactivity, systemic toxicity (acute), subchronic toxicity (sub-acute), implantation, and hemocompatibility. For Eastman products offered for the medical market, limited testing information is available upon request. The Manufacturer of the medical device is responsible for the biological evaluation of the finished medical device.
The suitability of an Eastman product in a given end-use environment is dependent upon various conditions including, without limitation, chemical compatibility, temperature, part design, sterilization method, residual stresses, and external loads. It is the responsibility of the Manufacturer to evaluate its final product under actual end-use requirements and to adequately advise and warn purchasers and users thereof.
Limitation of Liability
IN NO EVENT WILL EASTMAN OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITATION LOST DATA, LOST REVENUE, OR LOST PROFITS, UNDER ANY THEORY, WHETHER UNDER A CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF EASTMAN IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
Applicable Law; Export Control
Eastman controls and operates this Site from its headquarters in the United States of America and makes no representation that the materials or services at this Site are appropriate or available for use outside the United States, or that access to them will be available from territories where their contents are illegal is prohibited. If you choose to access this Site from outside the United States, you are responsible for compliance with applicable local laws, including but not limited to export and import regulations. These Terms will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of laws. You agree to submit to the jurisdiction of the courts located in the State of Tennessee for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.
The materials on this Site are subject to the United States Export Administration Laws and Regulations. Diversion of such materials contrary to United States law is prohibited. Neither the materials, nor any information acquired through the use of the Site, may be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor may it be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Site User Responsibilities
If you are a registered user of the Site, it is your responsibility to maintain the confidentiality of any passwords and to report to Eastman if the password is lost or stolen or if there is any change in authorization or access for use of the password. You agree that you will not give your password to any other party. Except as otherwise expressly provided under these terms and conditions, you shall have no right to transfer, assign or sublicense any rights you may have as a registered user to any other person.
Electronic Communications and Signature
As a Buyer on the Site, you agree to receive notices, disclosures, terms and conditions of any agreements, communications, and legal and regulatory notices, Material Safety Data Sheets (MSDS) and documents (“Communications”) electronically. Eastman may send Communications by e-mail or by posting notices on the Site. You agree that all Communications provided electronically satisfy any legal requirement that such communications be in writing, and to be bound by any affirmation, assent or agreement you may transmit through this Site. When you click on “I agree”, “I consent” or another similarly worded “button” or entry field, such agreement will be legally binding and enforceable as the legal equivalent of a handwritten signature.
Credit Card Payment
If you have elected to pay by credit card, and Eastman does not receive payment from the credit card issuer, you agree to pay all amounts due Eastman immediately upon demand by Eastman. Each time you use the website you agree that Eastman is authorized to charge your designated credit card account for the applicable rate for website then in effect. You must notify Eastman of any changes to your card account, billing address, or any other changes that may prevent Eastman from charging your account.
Eastman does not want to receive confidential or proprietary information from you through this Site. Any material, information or other communication (“Communications”) you transmit or post to this Site will be considered non-confidential and non-proprietary. Eastman will have no obligations with respect to the Communications. Eastman and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to Eastman for the purpose of receiving products or services will be handled in accordance with the Eastman online privacy statement. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Links to Other Websites
Any links on this Site to third-party websites are provided solely as a convenience to you. If you use these links, you will leave this Site. Eastman has not reviewed all of these third-party sites and does not control and is not responsible for any of these sites or their content. Thus, Eastman does not endorse or make any representations about them, or any information or products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risk.
EASTMAN, the EASTMAN logo, and all other product names, service names, taglines and logos contained within this website are trademarks of Eastman or one of its subsidiaries and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Eastman. All third party product and service names, taglines and logos used herein are trademarks of their respective owners and should not be used without consent or the applicable trademark holder.
Revision of Terms
Eastman may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.