Terms of Use

Terms of Use Agreement

PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE

1. Introduction

Carefully read these Terms of Use before using this Website (the “Site”). Your access to, and use of, the Site and its materials is conditioned upon your acceptance and compliance with these terms in full. By using this Site, you signify that you have read, understand, and agree to be legally bound by these Terms of Use. 3M reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice.

If you do not agree to abide by these or any future Terms of Use, your only recourse is to immediately cease use of the Site. If you continue to use the Site after any such changes, such continued use constitutes your acceptance of the new Terms of Use. 3M recommends that you review the Terms of Use each time you visit the Site to see if it has been updated since your last visit.

By using this Site, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Site does not violate any applicable law or regulation.

Violation (or attempted violation) of these Terms of Use, or any rule, license, guideline, or policy applicable to this Site, by yourself or a third party acting on your behalf, may result in, among other things, the termination or suspension of your rights to use the Site.

As used on this Site:

The term “You” or “you” means

(i) the person who accesses or otherwise uses Content obtained from this Site, and (ii) the entity or organization, whether for-profit or non-profit, public, private or governmental, on whose behalf a person accesses or otherwise uses Content obtained from this Site while acting as an agent, officer, director, employee, contract worker, consultant or independent contractor thereof.

The term “3M” means

3M Company, its subsidiaries and affiliates.

The term “Submission” means

any user-posted comment, statement, edit, feedback, suggestion, idea, concept, link, and other information, content, or materials posted on, transmitted to or through, or linked from the Site, either online or offline.

The term “Downloadable File” means

any file containing NCID codes, text, data, images, software or information, including combinations or collections thereof, that you are permitted to download from this Site. Use of a Downloadable File is governed by Paragraph 5 below.

The term “3M Content” means

all information, content, software or other materials, the rights to which are owned by 3M, which are accessible to you on this Site. 3M Content does not include any information, content, software or other materials which are accessible to you on any other site(s) owned, controlled or operated by 3M, even if you are capable of accessing such other site(s) directly or indirectly through links provided on this Site.

The term “Third Party Content” means

all information, content, software or other materials, the rights to which are owned by a party other than 3M, which are accessible to you on this Site or via a link to a third party site. Use of Third Party Content is governed by Paragraph 5 below. Third Party Content does not include Submissions.

The term “Content” means

all 3M Content, Third Party Content, Submissions, and all other information, content, software or materials which are accessible to you either directly or indirectly through use of this Site.

2. Your Conduct When Using This Site

You agree that you will, in good faith, use this Site solely and exclusively for the purposes for which it has been established. In doing so, you agree that you will not use the Site to:

• Impersonate any person, organization or entity, or misrepresent your affiliation or association with any person, organization or entity.
• Post or otherwise make available any Submission that:
  • infringes any copyright, trade secret, patent, trademark or other proprietary rights of any party, or which you do not have a right to post, submit or otherwise make available under any law, contract, or fiduciary relationship.
  • discloses any health or medical-related information of any person that is prohibited from use or disclosure by federal, state or local law including, but not limited to, HIPAA and its implementing regulations.
  • has been forged or modified to disguise its origin.
  • contains any malicious code, program, or other internal component (e.g., computer virus, computer worm, computer time bomb, or similar component) which could damage, destroy, or alter software, firmware, or hardware, or which could, in any manner, reveal, damage, destroy, or alter any data or other information.
  • uses profanity or language that could be construed as harassing, threatening, defamatory, obscene, racist or is otherwise objectionable.
  • 3M determines, in its sole discretion, to be potentially false, inaccurate, misleading, defamatory, invasive of privacy, or otherwise offensive or objectionable.
• Interfere with or disrupt this Site or others’ use of this Site.

You are entirely responsible for maintaining the confidentiality of your member name, password, and account, as well as activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of: (a) any breach by you of these Terms of Use; or (b) any Submission you provide, including without limitation, any claim by a third party that your Submissions infringe or violate such third party’s rights or interests. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

3. Submissions

You understand and agree that all Submissions are the sole responsibility of the person from whom such Submissions originated. The Site is and shall be under no obligation (a) to maintain any Submission in confidence; (b) to store or maintain the Submissions, electronically or otherwise; (c) to pay any compensation for any Submissions or any use thereof; or (d) to respond to any user in connection with or to use any Submissions. The Site shall not be liable for any use, non-use, or disclosure of any Submissions. You represent that, regarding any Submissions contributed by you that: (a) Submissions will not violate any right of any third party, including copyright, trademark, right of privacy, right of publicity, or other intellectual property, personal, or proprietary right(s); and (b) you are the owner of and/or have the right to provide such Submissions to us in accordance with this Agreement. You further represent that no such Submissions will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Submissions you make.
Although 3M has no obligation to screen, edit, or monitor any Submission that you post, 3M reserves the right to remove any Submission, in whole or in part, with or without cause, with or without notice if 3M determines in its sole discretion that such Submission violates these Terms of Use or is otherwise inappropriate for this Site. Furthermore, 3M may terminate this Agreement, or terminate or suspend your access to the Site and remove any Submissions at any time, with or without cause, and with or without notice.

Although 3M does not claim ownership of Submissions that its users post or otherwise submit, by posting or submitting a Submission to the Site, you represent and warrant that you have the right to grant to 3M, and you do grant to 3M, an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, modify, adapt, publish, display, translate, and distribute said Submission and to prepare derivative works of, or incorporate into other works said Submission and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting a Submission to the Site, as part of the Collective Content, you automatically grant 3M all rights necessary to prohibit any prohibited aggregation, display, copying, duplication, reproduction, or exploitation of the Collective Content by any party for any purpose.

4. Property Rights

This Site is protected to the maximum extent permitted by national copyright laws and international treaties. The Content (including the collective Submissions) displayed on the Site, is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Content, and/or copying or reproducing the Content, except as provided in the license set forth in Paragraph 5 below, to any other server or location for further reproduction or redistribution is prohibited without the express written consent of 3M. Please review 3M’s DMCA Copyright Policy for copyright-related information.

5. License

3M Content

3M Content is protected by intellectual property laws. You are hereby granted a non-exclusive license to use 3M Content, but only while accessing this site. You are also granted a limited license to print copies of any 3M Content posted at the site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Commercial use of any of the 3M Content is strictly prohibited. Use of any of our trademarks as metatags on other Web sites also is strictly prohibited. You may not display this Web site in frames (or any of the 3M Content via in-line links) without our express written permission.

If the 3M Content is a Downloadable file, you may be required to review, acknowledge and agree to comply with license terms and conditions that are applicable to your use of that Downloadable File.

Third Party Content

If 3M makes any Third Party Content accessible to you on this Site, such access may be subject to such different, or additional, terms and conditions as the third party owner of that Content may require. IMPORTANT NOTE: Any link to a third party site that a user has included as part of a Submission may take you to site containing content that is subject to its own terms and conditions. You must locate, review and abide by those terms and conditions of use.

6. Disclaimers

Disclaimer of Responsibility for Use

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3M TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR YOUR USE OF ANY CONTENT THAT YOU OBTAIN FROM OR THROUGH THIS SITE. THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND AND AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR OTHER IMPLICATION TO YOUR YOURSELF, YOUR BUSINESS AND YOUR ORGANIZATION THAT RESULTS FROM YOUR USE OF SUCH CONTENT, THAT 3M WILL HAVE NO SUCH RESPONSIBILITY AND THAT YOU WILL HOLD 3M HARMLESS FROM YOUR USE OF SUCH CONTENT.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 3M DISCLAIMS ALL WARRANTIES OF ANY KIND APPLICABLE TO THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 3M ALSO DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT ANY CONTENT OBTAINED BY YOU FROM THE SITE OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitations of Liability

3M ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES THAT YOU MAY SUFFER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF 3M, ITS LICENSORS, OR YOUR OWN ERRORS AND/OR OMISSIONS, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL 3M OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF 3M HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK.

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

8. Links

This Site may provide, or third parties may provide as part of a Submission, links to other World Wide Web resources. Because 3M has no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site, or for your use of such sites. You agree to assume all risks relating to your decision to access links. We have not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. Your use of any content accessed by a link to a third-party site will be governed by the terms and conditions of usage applicable to such site.

9. Privacy

By using the Site you agree to our Privacy Policy. 3M may access, use, and disclose transaction information about your use of our Site, and any Submissions transmitted by you via or in connection with our Site, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to protect our rights or property; or to protect users of our Site from fraudulent, abusive, or unlawful use of our Site.

10. General

Agreement

These Terms of Use constitute the entire Agreement between you and 3M and governs your use of the Site, superseding any prior agreements between you and 3M applicable to your use of this Site. You also may be subject to additional terms and conditions when you use third-party content or third-party software, or when you download materials, content or software that is accessible from this Site. 3M’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Choice of Law and Forum

By visiting the Site, you agree that the laws of the United States and the State of Minnesota, without regard to principles of conflict of laws, will govern this Agreement.

Dispute Resolution

THIS SECTION PROVIDES FOR THE RESOLUTION OF MOST DISPUTES OR CLAIMS THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. YOU SHOULD READ THIS SECTION CAREFULLY; ARBITRATION IS FINAL, BINDING, AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT. THIS SECTION GOVERNING DISPUTES WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Mandatory Arbitration

YOU AND 3M AGREE TO ARBITRATE ANY CLAIM, CONTROVERSY OR DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT. YOU AND 3M ACKNOWLEDGE THAT THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE AND THAT THE FEDERAL ARBITRATION ACT WILL GOVERN THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO INITIATE ARBITRATION, YOU OR 3M MUST FIRST SEND A WRITTEN NOTICE, VIA CERTIFIED MAIL, TO THE OTHER PARTY INDICATING AN INTENT TO ARBITRATE, WHICH WILL INCLUDE: (1) A DESCRIPTION OF THE FACTS; (2) A DESCRIPTION OF THE NATURE OF THE CLAIM; AND (3) THE RELIEF SOUGHT (“NOTICE TO ARBITRATE”). SEND NOTICE TO ARBITRATE TO: 3M, ATTN: JOHN A. TAFT, 3M OFFICE OF INTELLECTUAL PROPERTY COUNSEL, 3M CENTER, BUILDING 220-9E-01, ST. PAUL, MN 55144-1000. BOTH PARTIES AGREE TO MAKE REASONABLE ATTEMPTS TO RESOLVE ANY SUCH DISPUTE; HOWEVER, IF THE PARTIES CANNOT RESOLVE THE DISPUTE WITHIN FORTY-FIVE (45) DAYS OF RECEIPT OF NOTICE TO ARBITRATE, THEN AN ARBITRATION CLAIM MAY COMMENCE. ANY ARBITRATION INITIATED UNDER THIS AGREEMENT WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS ARBITRATION RULES, AS MODIFIED BY THIS AGREEMENT. INFORMATION CONCERNING THE AAA, ITS ARBITRATION RULES, AND OTHER INFORMATION CONCERNING ARBITRATION PROCEDURES AND FEES CAN BE FOUND BY CALLING THE AAA AT 1-800-778-7879 OR VISITING ITS WEBSITE AT: http://www.adr.org.

ANY ARBITRATION WILL BE CONDUCTED BY A SINGLE NEUTRAL ARBITRATOR AND WILL TAKE PLACE IN ST. PAUL, MINNESOTA. YOU AND 3M WILL COOPERATE IN GOOD FAITH TO SELECT THE ARBITRATOR WITHIN THIRTY (30) CALENDAR DAYS OF THE COMMENCEMENT OF ANY ARBITRATION PROCEEDING. IF YOU AND 3M CANNOT AGREE UPON A NEUTRAL ARBITRATOR WITHIN THE THIRTY-DAY PERIOD, THEN EITHER PARTY MAY REQUEST THAT THE AAA APPOINT, IN ITS SOLE DISCRETION, A NEUTRAL ARBITRATOR. YOU AND 3M FURTHER AGREE THAT NO ARBITRATOR WILL HAVE THE AUTHORITY TO AWARD ANY RELIEF OR REMEDY IN EXCESS OF OR CONTRARY TO WHAT IS PROVIDED IN THIS AGREEMENT, EXCEPT WHERE SUCH PROVISION IS NOT PERMITTED UNDER APPLICABLE LAW. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED INTO IN ANY COURT HAVING JURISDICTION. THE LAW THAT IS APPLIED TO THIS AGREEMENT ALSO WILL BE APPLIED IN ANY ARBITRATION PROCEEDING. ALL ADMINISTRATIVE COSTS AND FEES OF THE ARBITRATION WILL BE BORNE EQUALLY BY YOU AND 3M. YOU AND 3M WILL EACH BEAR THE EXPENSES OF ITS OWN COUNSEL, EXPERTS, WITNESSES, AND THE PREPARATION AND PRESENTATION OF EVIDENCE IN CONNECTION WITH ANY ARBITRATION.

Waiver of Jury Trial and Class Actions

BY ENTERING INTO THIS AGREEMENT, YOU AND 3M ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL, OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND 3M BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A CONSOLIDATED, CLASS-WIDE, OR REPRESENTATIVE BASIS AND THAT IF ARBITRATION IS NOT CONDUCTED ON AN INDIVIDUAL BASIS, THIS SECTION WILL BE DEEMED NULL AND VOID. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND 3M BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. THE PROCECURES HEREIN ARE EXCLUSIVE; HOWEVER NOTHING HEREIN SHALL PRECLUDE A PARTY FROM TAKING ANY ACTION NECESSARY TO PRECLUDE IMMINENT AND IRREPARABLE HARM.

Severability

If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

Termination

3M may terminate this Agreement, or terminate or suspend your access to the Site and remove and discard any Submissions at any time, with or without cause, with or without notice.

Trademarks

All trademarks on the Site are either trademarks of 3M or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of 3M or their respective owners.

DMCA Copyright Policy

3M’s Copyright Policy

3M Company, its subsidiaries and affiliates (collectively referred to as “3M”) respect the rights of copyright holders and expects you, as a user of this Site, to do the same. 3M complies with the U.S. Digital Millennium Copyright Act (the “DMCA”) and will, when properly notified as set forth below, promptly remove any content or material appearing on, or posted to, this Site (collectively referred to as “Content”) that has been identified as infringing the copyright rights of another party. 3M reserves the right to terminate your access if you repeatedly post Content that 3M is notified to remove under the DMCA. If you believe that 3M has improperly removed Content that you have posted to this Site under the DMCA, you may file a counter notification with 3M as set forth below.

Copyright Infringement Notification under the DMCA

To file a copyright infringement notification with 3M under the DMCA, you, as the complaining party (the “Complaining Party”) must send a written notice to the designated agent identified below containing substantially the following information.

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the particular Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit 3M to locate the Content.
4. Information reasonably sufficient to permit 3M to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
5. A statement that the Complaining Party has a good faith belief that use of the particular Content in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter Notification

To file a counter notification with 3M under the DMCA, you, as the alleged infringer (the “Alleged Infringer”)” must send a written notice containing substantially the following information.

1. A physical or electronic signature of the Alleged Infringer.
2. Identification of the particular Content that has been removed or to which access has been disabled and the location before removal.
3. A statement under penalty of perjury that the Alleged Infringer has a good faith belief that the particular Content was removed or disabled as a result of mistake or misidentification of the Content to be removed or disabled.
4. The Alleged Infringer’s name, address, and telephone number, and a statement that the Alleged Infringer consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Alleged Infringer’s address is outside of the United States, for any judicial district in which 3M may be found, and that the Alleged Infringer will accept service of process from the Complaining Party who provided notification under Section 512(c)(1)(C) of Title 17 of the United States Code or an agent of such person.

Designated Agent

The written notices outlined above should be sent to 3M’s designated agent as follows:

John A. Taft
3M Office of Intellectual Property Counsel
3M Center
Bldg 220-9E-01
St. Paul, MN 55144-1000
Fax: 651-736-3833
jataft@mmm.com

Digital Millenium Copyright Act