| Terms & Conditions |
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Terms & Conditions Terms of Use Agreement for MetriSense Website (www.metrisense.com) Read This Terms of Use Agreement Before Accessing Website. Effective Date: This Terms of Use Agreement was last updated on March 20, 2009. This Terms of Use Agreement sets forth the standards of use of the MetriSense, Inc. web sites. By using the metrisense.com website you (the “visitor”) agree to these terms and conditions. The following are the terms of a legal agreement between you and MetriSense governing the use of this web site. BY USING THIS WEB SITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE ("TERMS"), AGREE TO ACCEPT AND BE BOUND BY THESE TERMS, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEB SITE. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at metrisense.com website. Your continued use of the web site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. 1. Description of Service MetriSense, Inc. is providing you with access to our web sites. Our web sites are intended to provide you with information on our products and certain links to other information that you may find useful as in your evaluation of our products. MetriSense authorizes you to view, download, reproduce, display and distribute the Content posted on this Site only for your personal and non-commercial use, unless specifically authorized to do otherwise by MetriSense in writing or as provided by the terms of any License Agreement. Any authorized download, reproduction or display of the Content must retain all copyright and proprietary notices as they appear in the Content. 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 2. Disclaimer of Warranties The site is provided by MetriSense, Inc. on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, MetriSense, Inc. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. MetriSense, Inc. shall have no liability for any interruptions in the use of this Website. MetriSense, Inc. disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable. 3. Limitation of Liability MetriSense, Inc. SHALL NOT be liable for any damages whatsoever, and in particular MetriSense, Inc. shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if MetriSense, Inc. has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. 4. Indemnification Visitor agrees to indemnify and hold MetriSense, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the web sites, the violation of this Agreement, or infringement by visitor, or other user of the web site using Member’s computer, of any intellectual property or any other right of any person or entity. 5. Visitor’s Registration Some visitors to our web site may be provided with a registration and password if they contact MetriSense, Inc. This registration will entitle the Registered Visitor to certain access privileges at our web site. You agree to provide accurate and complete information as requested by the applicable registration form. In addition, you agree that you will not impersonate any person or entity, and will not falsely state or otherwise misrepresent your affiliation with any person or entity. MetriSense may, in its sole discretion, terminate the accounts or access rights of users who may have provided inaccurate or incomplete information during registration or thereafter. Registered Visitors are entirely responsible for any and all activities which occur under their registration whether authorized or not authorized. Registered Visitor agrees to notify MetriSense, Inc. of any unauthorized use of Registered Visitor’s registration or any other breach of security known or should be known to the Registered Visitor. Registered visitor’s right to use the web site is personal to the Registered Visitor. Registered Visitor agrees not to resell or make any commercial use of their access to the web site without the express written consent of MetriSense, Inc. 6. Modifications and Interruption to Service MetriSense, Inc. reserves the right to modify or discontinue the registration with or without notice to the Registered Visitor. MetriSense, Inc. shall not be liable to Registered Visitor or any third party should MetriSense, Inc. exercise its right to modify or discontinue the Registration or access. Registered visitor acknowledges and accepts that MetriSense, Inc. does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. 7. Third-Party Sites Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all visitors to review said privacy policies of third-parties’ sites. 8. Disclaimer Regarding Accuracy of Vendor Information Product specifications and other information have either been provided by the original manufacturer(s) or collected from publicly available sources. While MetriSense, Inc. makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. MetriSense, Inc. makes no warranties or representations whatsoever with regard to any product provided or offered by any manufacturer, and you acknowledge that any reliance on representations and warranties provided by any manufacturer shall be at your own risk. 9. Governing Jurisdiction of the Courts Our website is operated and provided in the State of Oregon. As such, we are subject to the laws of the State of Oregon and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Oregon. 10. Compliance with Laws Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the web site or registration in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation. 11. Copyright and Trademark Information All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2005 metrisense.com, will all rights reserved, or is the property of MetriSense, Inc. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MetriSense, Inc. is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of MetriSense, Inc. MetriSense may, in its sole discretion, terminate the registration accounts or access rights of visitors who may be infringing or otherwise violating intellectual property rights of other persons or entities. MetriSense, Inc.™ and metrisense.com™ are proprietary marks of metrisense.com. MetriSense, Inc.’s trademarks may not be used in connection with any product or service that is not provided by MetriSense, Inc., in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MetriSense, Inc. All other trademarks displayed on MetriSense, Inc.’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with MetriSense, Inc. 12. Notification of Claimed Copyright Infringement Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, metrisense.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement. By Mail: Karnopp Petersen LLP 13. Botnets MetriSense, Inc. retains the right, at our sole discretion, to terminate any registrations involved with botnets and related activities. If any hostnames are used as command and control points for botnets, MetriSense, Inc. reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion. 14. Other Terms If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by MetriSense, Inc., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a visitor. Visitor agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement (if applicable). |