The following Website Terms of Use Agreement (“Agreement”) governs your use of phyton.com owned and operated by Phyton, Inc. Microsystems and Development Tools (“PHYTON”). Please carefully review this entire Agreement.
Username, Password, Security
Your user identity. Your username (and e-mail address) and password is your identity for purposes of interacting with this website.
Username, passwords, and password access. You shall use your password solely in accordance with this Agreement and notify Phyton at support@phyton.com, if you learn of or suspect any loss, theft or unauthorized use of your password.
Obligations
You are required to comply with all applicable laws regarding your use of this website, and such further limitations as may be set forth in any written or on-screen notice from PHYTON. As a condition of your use, you agree that you will not use this website for any purpose that is unlawful or prohibited by this Agreement.
Privacy Policy
PHYTON does not supply any of your personal or corporate information, such as but not limited to, names, addresses, email addresses, order information or email correspondence with any other corporations, entities, or individuals without your prior written permission. If law requires disclosure, PHYTON will notify you by email of any such disclosures.
PHYTON employees may access the information you provide in the normal course of business such as processing orders or responding to your inquiries.
By supplying your information via this website, you agree and consent to the terms of the PHYTON’s Website Privacy Policy.
No Professional Advice
Any information supplied through this website by any employee or agent of PHYTON, whether by telephone, e-mail, letter, facsimile or other form of communication, is for informational purposes or general guidance on the use of this website, and does not constitute engineering, legal, or other professional advice. The receipt of any questions or feedback you submit to PHYTON does not create a professional relationship and does not create any privacy interests other than those described in the PHYTON Website Privacy Policy.
Links to Third-Party websites
This website contains links to other websites. PHYTON assumes no responsibility for any material or information you may encounter on the linked websites. Linked websites are not under the control of PHYTON, and PHYTON is not responsible for the availability or reliability of the contents of the linked websites. PHYTON provides these links only as a convenience to you, Inclusion of such links is not an endorsement, sponsorship or recommendation by PHYTON. Consequently, please direct any concerns or complaints you may have regarding these external links to their site administrator.
Copyright Rights
All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this website, along with the selection, coordination, and arrangement of such content, are owned by PHYTON as provided by the United States Copyright Act and international copyright laws. You are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of this website for any purposes other than solely for your own personal use as described below. Nothing stated or implied on this website confers on you any license or right under any copyright of PHYTON.
This website and the information contained on this website are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of this website are strictly prohibited without the prior written consent of PHYTON. Requests for permission to reproduce any information contained on this website should be addressed to sales@phyton.com or support@phyton.com.
You may freely browse this website and download materials contained on this site for your personal or commercial use. However, no material or images from this website may be copied, reproduced, republished, re-posted, transmitted, hyperlinked, merged with any other works, or distributed in any way, for public or commercial purposes without the express written permission of PHYTON.
Trade and Service Mark Rights
All rights in the product names, company name, trade names, logos, product packaging and designs of all PHYTON or third-party products, whether appearing in large print or with the trademark symbol, belong exclusively to PHYTON or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this website confers on you any license or right under any patent or trademark of PHYTON or any third party.
Prohibited Uses
By using this website, you agree not to:
- Use any false or inaccurate information for purposes of registering as a user of this website;
- Delete or revise any material or other information of any other user or PHYTON;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Take any action that imposes an unreasonable or disproportionately large load on this website’s infrastructure or server;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site;
- Use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than (i) the search agents available from PHYTON and (ii) generally available third party web browsers;
- Allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this website.
You further agree not to violate or attempt to violate the security of this website, including, without limitation, actions such as:
- Accessing data not intended for you or logging into a server or account that you are not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding," "spamming," "mailbombing," or "crashing," this website;
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
Violations of system or network security may result in civil or criminal liability. PHYTON will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.
PHYTON reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
General Sales Contract Conditions
The acceptance of any order, which may be placed with PHYTON, shall be subject to this Agreement and shall be deemed to be a binding contract only when confirmed and accepted by PHYTON in writing.
Only these conditions in this Agreement and any special sales conditions stipulated in writing by PHYTON shall apply to any sales contract and any conditions issued by the Buyer whether before or after the Buyer has notice of the General Sales Conditions and Special Sales Conditions shall be disregarded and of no effect. In the event of conflict between the General Sales and any Special Sales Conditions, the latter shall prevail.
Quotations & Prices
The prices, quantities, and delivery times stated in any quotation or on this website shall not be binding on PHYTON unless and until PHYTON has confirmed in writing its acceptance of a formal purchase order placed by the Buyer. All sales prices are in United States Dollars, USD.
All prices are exclusive of any required Sales Taxes, Import/Export Duties, and Shipping. All shipping is Ex Works (EXW) Brooklyn New York, USA unless other delivery terms are agreed between Buyer and PHYTON.
Customs
You may be subject to import duties and taxes, which are levied once the package reaches a destination country. Additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. PHYTON explicitly fills out shipping forms which indicate that the recipient is responsible for all customs and duties. Customs policies vary widely from country to country; you should contact your local customs office for further information. Additionally, when ordering from PHYTON, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods.
Specifications and Performance
All descriptions, drawings, specifications and other documents issued by PHYTON are approximate only and PHYTON is not be bound by them unless expressly confirmed in writing to the Buyer for the purpose of the sales contract. Performance figures are typical of what is expected under appropriate test conditions and are subject to reasonable tolerance and rejection limits. Deviation from such figures shall not be made the basis of any claim against PHYTON except where specifically agreed to the contrary in writing. In no event shall PHYTON be responsible for performance figures supplied by other agents or parties.
If products are subject to rejection by Buyer testing under this Agreement, such conditions must be agreed to in writing by PHYTON prior to shipment of products.
The Buyer assumes responsibility for ensuring that the products listed in the sales contract are sufficient and suitable for the Buyers purpose.
Cancellation or Variation of Sales Contracts
No cancellation, suspension or variation of any contracts made by the Buyer shall be effective unless in writing and until accepted in writing by PHYTON. Such acceptance will be given only subject to adequate compensation for any extra cost or any liability suffered by PHYTON in connection with the sales contract.
PHYTON reserves the right to refuse any cancellation of a Sales contract.
PHYTON shall have no liability for any consequential loss caused by any cancellation or suspension of an order.
Damage or Loss in Transit
Unless acceptable specific instructions are received from the Buyer, PHYTON shall select a suitable carrier for the goods. Delivery of the goods in good condition to such a carrier shall constitute delivery to the Buyer and the carrier will be deemed the Buyers agent. The Buyer shall, where possible, examine the goods on delivery. Where the goods are not inspected the carrier’s note shall be marked "unexamined".
Any damage to the goods in transit or prior to transit or any shortage in goods shall be notified to PHYTON and the carrier within seven days of delivery. In the case of damaged goods, such goods are to be returned to PHYTON in their original packing within seven days of clearance by the carrier’s inspectors.
Terms of Payment
All sales orders are subject to credit approval before acceptance. Payment shall be made in US Dollars by check, or electronic transfer in accordance to the PHYTON invoice terms. No deductions or reduction in price is allowed for early payment.
If the Buyer is in default in making payment, PHYTON may without special notice and without prejudice to its right to claim further damages, be entitled to charge compound interest at the rate of 1.5% per calendar month for the period the payment is overdue. PHYTON may also decline to make further deliveries without in any way affecting its rights. If despite any default by the Buyer, PHYTON continues to supply goods, this shall not constitute a waiver or in any way prejudice PHYTON's legal remedies for any defaults.
Termination/Modification of this Agreement
PHYTON reserves the right to terminate or revise this Agreement at any time without prior notice. You are bound by any such revisions or termination and should therefore periodically visit this page to review the then-current Terms of Use to which you are bound.
Disclaimer of Warranties and Limitations of Liability
While PHYTON uses reasonable efforts to include accurate and up-to-date information on this website, PHYTON makes no warranties or representations as to its accuracy. The materials contained on this website are provided "AS IS" and without any implied or express warranties. PHYTON does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site is free of viruses or other harmful components. PHYTON does not warrant or make any representations regarding the use or results of the use of this website in terms of accuracy or reliability. Anyone accessing this site assumes the entire cost of all necessary computer or network servicing, repair or correction. Under no circumstances will PHYTON be liable for any special or consequential damages that result from the use of, or inability to use, this website.
Notice of Copyright Infringement
If you believe that your work has been copied and is accessible on this website in a way that constitutes copyright infringement, please provide PHYTON's Copyright Agent with the following information:
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the allegedly infringing material on this website that is requested to be removed;
- Your name, address and daytime telephone number, and an e-mail address if available, so that PHYTON may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
- An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
PHYTON's Copyright Agent for Notice of claims of copyright infringement on this website can be reached as follows:
Copyright Agent
Phyton, Inc. Microsystems and Development Tools.
6701 Bay Parkway, Suite 3M-2
Brooklyn, New York 11204
USA
e-mail: info@phyton.com
PHYTON will remove any content which infringes the copyright of any person under the laws of the United States upon receipt of information as set forth in Subsections (a) - (f) above. United States law provides significant penalties for submitting such a statement falsely.
Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the State on New York, excluding its conflict of law rules. You and PHYTON expressly agree to submit to the exclusive jurisdiction and venue of the courts in the State of New York in all disputes arising out of or relating to the use of this website.
No Waiver
The failure of PHYTON to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and PHYTON with respect to your use of this website subject to the separate terms and conditions of other websites to which this website is linked. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.