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Legal Restrictions

 

Disclaimer

THE MATERIALS PROVIDED AT AGMWV.COM ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. The data and information contained in this website are believed to be accurate, but may contain inaccuracies and typographical errors. Advanced Graphite Materials LLC further does not warrant the accuracy and completeness of the materials on this website. Advanced Graphite Materials LLC may make changes to the materials on this website, or to the products and prices described in them, at any time without notice. The materials presented on this website contain time-sensitive information and may be out of date. Advanced Graphite Materials LLC makes no commitment to update the materials on this website except as required by law. Information published on this website may refer to products, programs or services that are not available in your country. Consult your local Advanced Graphite Materials LLC business contact for information regarding the products, programs, and services that may be available to you. ADVANCED GRAPHITE MATERIALS LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ADVANCED GRAPHITE MATERIALS LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL ADVANCED GRAPHITE MATERIALS LLC, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ADVANCED GRAPHITE MATERIALS LLC SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE ADVANCED GRAPHITE MATERIALS LLC SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

Limitation Of Liability

IN NO EVENT WILL ADVANCED GRAPHITE MATERIALS LLC, ITS SUPPLIERS, SOFTWARE DEVELOPERS OR OTHER THIRD PARTIES MENTIONED ON AGMWV.COM BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE SUBMISSION/STORAGE OF PERSONALLY IDENTIFIABLE INFORMATION OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IN NO EVENT SHALL ADVANCED GRAPHITE MATERIALS LLC BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. ADVANCED GRAPHITE MATERIALS LLC RECOMMENDS ONLY THOSE APPLICATIONS FOR ITS PRODUCTS THAT ARE SPECIFIED IN ITS CATALOGUES OR OTHER COMPANY LITERATURE, AND HEREBY DISCLAIMS ANY LIABILITY FOR USES OTHER THAN THOSE SPECIFIED. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ADVANCED GRAPHITE MATERIALS LLC IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY ADVANCED GRAPHITE MATERIALS LLC MATERIAL, OR WITH ANY OF ADVANCED GRAPHITE MATERIALS LLC’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

U.S. Government Restricted Rights

Government users will receive no greater than Restricted Rights as defined in Federal Acquisition Regulation (“FAR”) 52.227-14, FAR 52.227-19(c)(1-2) (Jun 1987) or Defense Federal Acquisition Regulation (“DFAR”) 252.227-7013(c)(1)(ii) (Oct 1988), DFAR 252.221-7015(c) (May 1991), DFAR 252.227-7014, or DFAR 252.227-7018 as applicable in any Software at this website. Government users will secure no greater than limited rights as defined in FAR 52.227-14, DFAR 252.227-7015, DFAR 252.227-7018, or DFAR 252.227-7013 as applicable in any technical data at this website.

Applicable Laws

AGMWV.com is administered by Advanced Graphite Materials LLC on behalf of Advanced Graphite Materials LLC from its offices in the United States of America. Advanced Graphite Materials LLC makes no representation that materials on this website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials on this website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. This website is controlled, operated, and administered from within the United States of America. Advanced Graphite Materials LLC makes no representation that the Advanced Graphite Materials LLC sites are appropriate or available for use outside the United States. You are prohibited from accessing the Advanced Graphite Materials LLC web site from countries or territories where any content on the Advanced Graphite Materials LLC sites might be illegal or prohibited. If you choose to access this website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Ohio, U.S.A., without giving effect to any principles of conflicts of laws. Forward-Looking Statements Some of the information on this web/site may include or contain “forward-looking statements” within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements include any statements, data or other information regarding future events or the future financial performance of Advanced Graphite Materials LLC. Please be advised that these statements involve risks and uncertainties which may cause actual results to differ materially from those projected or predicted in these statements. Our expectations and targets are not predictions of actual performance and historically our performance has deviated, often significantly, from our expectations and targets. Actual future events, circumstances, performance, and trends could differ materially, positively or negatively, from those set forth in these statements due to various factors Some, but not all of these risks and uncertainties are discussed in the documents Advanced Graphite Materials LLC files from time to time with the Securities and Exchange Commission, including Advanced Graphite Materials LLC’s most recent Annual and Quarterly Reports on Form 10-K and Form 10-Q. You may obtain copies of these documents by contacting our Investor Relations Department.