Terms of Use

Last modified: October 30, 2020

These Terms of Use (“Terms”) shall apply between you, whether personally or on behalf of an entity, (“you”, “your”) and PHYTEC America LLC (“PHYTEC”, “we”, “us” or “our”) concerning your access to and use of www.phytec.com (“Website”) and the products and related services (“Products”) we offer on phytec.com and affiliated websites (“Websites).

1. Content Disclaimer

Content on PHYTEC Websites refers to any text, images, video, audio, code, databases, executable and additional content in binary or other electronic form (“Content”) that is used to convey information about PHYTEC and its Products and Services to you via the internet.  This Content, including any updates or other modifications hereto, is published on our Websites at the full discretion of PHYTEC. 

PHYTEC DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ON OUR WEBSITES IS BE COMPLETE, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY, CURRENT OR CORRECT; OR THAT OUR WEBSITES WILL OPERATE WITHOUT INTERRUPTION OR ERROR.  PHYTEC RESERVES THE RIGHT TO UPDATE, AMEND OR OTHERWISE CHANGE THIS CONTENT AT ANY TIME WITHOUT NOTICE.

2. On-line Store

The Content on PHYTEC Websites, including Content on our on-line eCommerce store for purchase of PHYTEC products (“On-line Store”), is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information at PHYTEC.  Any reliance on the Content on our Websites and On-line Store is at your own risk.

PHYTEC grants you a non-exclusive, non-transferable, revocable license to access and use our Websites to make purchases of Products we offer for sale on our Websites and On-line Store.  You agree to provide current, complete and accurate purchase and account information for all purchases made through our On-line Store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  Your submission of personal information through our On-line Store is governed by our Privacy Policy (“Privacy Policy”), which describes how we process Personally Identifiable Information, including personal data, that PHYTEC collects through your interaction with our Websites.

Prices for products available on our On-line Store are subject to change without notice.  We reserve the right at any time to modify or discontinue any products (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any products on our On-line Store.  We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction; as well as to refuse to accept any orders placed on our On-line Store. 

All transactions conducted on our On-line Store are governed by PHYTEC’s Standard Terms & Conditions for Acceptance of Purchase Orders (“Standard T&Cs”).  If any of the provisions of these Terms of Use are in addition to, ambiguous, or in conflict with PHYTEC’s Standard T&Cs, those additional, conflicting or ambiguous provisions are expressly rejected and the Standard T&Cs shall supersede them and govern.

3. Third-Party Content, Links to Third-Party Websites

Any Third-Party Content used on PHYTEC Websites, such as stock images and website design, has been published pursuant to Content License and other agreements with such Third Parties.

PHYTEC Websites may contain links to other websites (“Third-Party Websites”) owned or operated by parties other than PHYTEC.  Such links are provided for your reference only. PHYTEC does not monitor or control outside Third-Party Websites and is not responsible for such Content.  Unless expressly disclosed otherwise, any links from PHYTEC Websites to a Third-Party Website do not imply PHYTEC’s endorsement of such content on these Websites; or sponsorship, affiliation or association with the owners and operators of such Third-Party Websites.

4. Copyrights and Trademarks

PHYTEC retains all right, title and interest in and to all Content on PHYTEC Websites and our On-line Store that is designed, developed, authored or otherwise created by PHYTEC.

Unless otherwise noted, all Content including without limitation, logos, brand names, images, designs, photographs, video clips and written as well as other Content published on PHYTEC Websites are copyrights, trademarks, service marks or other intellectual property whether registered or unregistered (“Intellectual Property”) owned, controlled or licensed by PHYTEC.   PHYTEC Intellectual property may not be used without prior, written permission from PHYTEC. 

All Third-Party product names, logos, and brands are property of their respective owners. All such Third-Party company, product and service names used on PHYTEC Websites are for identification purposes only.  Use of these names, logos, and brands does not imply endorsement of PHYTEC by these Third Parties.

5. No Warranties; Limitation of Liability; Indemnification

PHYTEC WEBSITES ARE OPERATED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. 

TO THE FULLEST EXTENT PERMITTED BY LAW, PHYTEC HEREBY DISCLAIMS AND EXCLUDES ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON OUR WEBSITES; FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITES; FOR ANY DAMAGE TO YOUR COMPUTERS, DEVICES OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITES; AND FOR ANY BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, ANTICIPATED SAVINGS, DATA, CONTRACT, GOODWILL OR THE LIKE (WHETHER DIRECT OR INDIRECT IN NATURE) OR FOR ANY OTHER FORM OF INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OUR WEBSITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

You agree to defend, indemnify and hold PHYTEC harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of PHYTEC Websites.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.