MetrologyMetro's Terms of Use:
Last Updated: 26-Oct-2009 11:15:23
Web Site: MetrologyMetro
("MM")
TERMS OF USE AND LEGAL RESTRICTIONS
Contact Information:
MetrologyMetro.com
102 S Clay St
Zelienople, PA 16063-1127
Telephone: 724-513-7000
Fax: 270-513-7009
E-mail: webmaster@metrologymetro.com
ATTENTION: Please read these terms
("Terms") carefully before using this Web site ("Site"). Using this
Site indicates that you accept these Terms. If you do not accept these Terms, do not use
this Site.
General I.
While EMH/MM ("MM") uses reasonable
efforts to include accurate and up to date information in this Site, MM makes no
warranties or representations as to its accuracy. MM assumes no liability or
responsibility for any errors or omissions in the content of this Site. This Site is for
user's personal entertainment, information, education, and communication.
Use of Site.
MM authorizes you to view and download the materials at this Site only for your personal,
non-commercial use, provided that you also retain all copyright and other proprietary
notices contained in the original materials, and on any copies of the materials. You may
not modify the materials at this Site in any way, or reproduce, display, publicly perform,
distribute, or otherwise use them for any public or commercial purpose, including the
text, images, audio, and video, unless you have previously received express, written
authorization to do so from MM for specific materials. For the purposes of these Terms,
any use of the materials on any other Web site or networked computer environment for any
purpose is prohibited. The materials at this Site are copyrighted, and any unauthorized
use of any materials at this Site may violate copyright, trademark, and other laws. MM
neither warrants nor represents that your use of materials displayed on this Site will not
infringe rights of third parties not owned by or affiliated with MM. 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.
Your access to and use of this Site is also subject to the following Terms and all
applicable laws. By accessing and browsing this Site, you accept, without limitation or
qualification, the Terms, and acknowledge that any other agreements between you and MM are
superseded and of no force or effect.
Electronic Messages.
Any communication or material submitted to this Site electronically or otherwise,
including, but not limited to, any data, questions, comments, suggestions, or the like,
will have the same legal effect, validity, and enforceability as if they were submitted in
writing. In case local law requires information to be in writing, such requirement shall
be deemed met by electronic messages generated, sent, received, stored, or otherwise
processed in connection with this Site.
Username and Password.
You are responsible for protecting your Username ("ID") and Password
("PW") against unauthorized disclosure and use. Any use of this Site made using
your ID and PW is your responsibility. Should you become aware of any unauthorized
disclosure or use of your ID and PW, you should report it immediately to MM.
Use of Software.
Software ("Software") supplied from this Site, or any off-site displayed on this
Site that supplies the Software, which is located in the United States, or does business
through the United States, is subject to United States Export Controls. No Software from
this Site, or links from this Site to off-links located in the United States, may be
downloaded or exported (i) into any country to which the United States has embargoed
goods; or (ii) anyone on the United States Treasury Department's list of Specially
Designated Nationals or the United States Commerce Department's Table of Deny Orders. By
downloading and/or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country, or on any
such list.
If you download Software from this Site, or are transported to an off-site that supplies
the Software by clicking on a link on this Site, the use of the Software is subject to the
license terms in the Software License Agreement that accompanies, or is provided with, the
Software. You may not download or install the Software until you have read and accepted
the terms of the Software License Agreement, unless otherwise specified. MM assumes no
responsibility, does not endorse, and shall not be liable, for any damages to, or viruses
that may infect, your computer equipment, or other property, on account of your access to,
use of, or your downloading, of any materials from this Site, or any other off-sites.
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User Submissions.
Any material, information, or other communication that you transmit or post to this Site
will be considered non-confidential and non-proprietary ("Communications"),
unless otherwise specified by the submitter. MM will have no obligations with respect to
the Communications. MM and its designees will be free to copy, disclose, distribute,
modify, incorporate, transmit, publish, broadcast, post, and otherwise use the
Communications and all data, images, sounds, text, and other things embodied therein for
any and all commercial or non-commercial purposes, unless otherwise specified by the
submitter. You agree not to assert any ownership right of any kind in the submission
(including, but not limited to, copyright, trademark, unfair competition, moral rights, or
implied contract), and you waive the right to receive any financial or other consideration
in connection with such unsolicited submission. You are prohibited from posting or
transmitting to or from this Site any unlawful, threatening, defamatory, obscene,
pornographic, or other material that would violate any law. MM is free to use any ideas,
concepts, know-how, or techniques contained in any Communications that you send to this
Site, for any purpose whatsoever, including, but not limited to, developing,
manufacturing, and marketing using such information.
You are prohibited from posting or transmitting any unlawful, threatening, libelous,
defamatory, obscene, scandalous, abusive, inflammatory, discourteous, pornographic, or
profane material, or any material that could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil liability, or otherwise violate any law,
or which advertises or otherwise solicits funds, goods or services, or which contains a
virus or other harmful component. You are also prohibited from posting or transmitting any
intellectual property which infringes any rights of any entities or persons, including,
but not limited to, violating anyone's copyrights or trademarks. You agree to indemnify MM
for any and all claims, damages, losses, and causes of action arising out of your
publication or transmittal of such materials, or your failure to comply with these terms
of use. MM reserves the right to delete, move, or edit messages, images, or any other
content that in its sole discretion, deems unacceptable.
Trademarks, Logos, and Service Marks.
The trademarks, logos, and service marks (collectively the
"Trademarks") displayed on this Site, including METROLOGYMETRO.COM, are
registered and unregistered Trademarks of MM and others. Nothing contained on this Site
should be construed as granting, by implication, estoppel, or otherwise, any license or
right to use any Trademark displayed on the Site without the written permission of MM or
such third party that may own the Trademarks displayed on this Site. Your misuse of the
Trademarks displayed on the Site, or any other content on this Site, except as provided in
these Terms, is strictly prohibited. You are also advised that MM will aggressively
enforce its intellectual property rights to the fullest extent of the law.
User BBS/Discussion, Newsgroups, and Chat.
MM may, but is not obligated to, monitor or review any areas on this Site where users
transmit or post Communications, or communicate solely with each other, including, but not
limited to, chat rooms, bulletin boards, or other user forums, and the content of any such
Communications. MM reserves the right at all times to remove any Communications, in whole
or part, which MM considers, in its sole discretion, to be in violation of any of these
Terms. MM, however, will have no liability or responsibility related to the content of any
such Communications, whether or not arising under the laws of copyright, defamation,
privacy, obscenity, pornography, errors, libel, slander, omission, falsehood, profanity,
danger, inaccuracy, or otherwise. Unless otherwise specified, opinions contained in
Communications do not necessarily reflect those of MM.
Links To Other Web Sites.
Links to third party Web sites on this Site are provided solely as a convenience to you.
If you use these links, you will leave this Site. MM has not completely reviewed all of
these third party sites, and does not control, and is not responsible for, any of these
off-sites pages or their content. Thus, MM does not endorse or make any representations
about them, or any off-site links on them, or any information, software, or other products
or materials found there, or any results that may be obtained from using them. If you
decide to access any of the third party sites linked to this Site, you do this entirely at
your own risk.
Disclaimer.
THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES
OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. MM further does not warrant the accuracy and
completeness of the materials. MM may make changes to the materials, or to the products
and prices described in them (if or when they become available), at any time without
notice. The materials may be out of date, and MM makes no commitment to update them.
Information published at this Site may refer to products, programs, or services that are
not available in your country. Consult your local business contact for information
regarding the products, programs, and services that may be available to you. Applicable
law may not allow the exclusion of implied warranties, so the above exclusion may not
apply to you. Check your local laws for any restrictions or limitations regarding the
exclusion of implied warranties.
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Limitation of Liability.
Your use of and browsing in this Site are at your own risk.
IN NO EVENT WILL MM, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS SITE, INCLUDING ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE, BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE
MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH 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 SITE RESULTS IN THE
NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS
THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU ARE
SOLELY RESPONSIBLE AND LIABLE FOR DAMAGES, CLAIMS, LIABILITY, COSTS, AND EXPENSES ARISING
OUT OF ANY BREACH OF THESE TERMS BY YOU, AND YOU AGREE TO INDEMNIFY AND HOLD MM HARMLESS
IN RESPECT OF THE SAME.
U.S. Government Restricted Rights.
Government users will receive no greater than Restricted Rights as defined in FAR
52.22714, FAR 52.22719(c)(12) (June 1987) or DFAR 252.2277013(c)(1)(ii) (Oct 1988), DFAR
252.2217015(c)(May 1991), DFAR 252.2277014, or DFAR 252.2277018 as applicable in any
Software at this Site. Government users will secure no greater than limited rights as
defined in FAR 52.22714, DFAR 252.2277015, DFAR 252.2277018, or DFAR 252.2277013 as
applicable in any technical data at this Site.
Applicable Laws.
This Site is controlled and operated by MM in the State of Pennsylvania, United States of
America. MM makes no representation that materials in this Site are appropriate or
available for use outside of Pennsylvania. Those who choose to access this Site from other
locations do so on their own initiative, and are responsible for compliance with local
laws, if and to the extent applicable.
This agreement shall be governed by, construed, and enforced in accordance with the laws
of the State of Pennsylvania, as it is applied to agreements entered into and to be
performed entirely within such State. Any action you bring to enforce this agreement, or
matters related to this Site, shall be brought in either the State or Federal Courts
located in Butler County, Pennsylvania. If any provision of this agreement is void or
unenforceable, in whole or in part, the remaining provisions of this agreement shall not
be affected thereby. This agreement will be governed by Pennsylvania law without effect to
any principles of conflicts of laws.
General II.
MM may revise these Terms at any time by updating this posting. You should visit this page
from time to time to review the then-current Terms. The binding Terms will be those posted
on the date you make use of this Site. Certain provisions of these Terms may be superseded
by expressly designated legal notices or terms located on particular pages at this Site.
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Note: Anyone linking to MM's Web
Site must comply with the Guidelines for Linking to MM's Site and all applicable laws.
Linking Guidelines to MM, and Other Third Party Sites:
If you would like to link to MM's Web Site, please read and comply with the following Site
Terms and guidelines:
The use of any images displayed on this Site by you, or anyone else authorized by you, is
prohibited unless specifically permitted by these Terms, or specific permission is
provided elsewhere on this Site. Any unauthorized use of the images may violate copyright
laws, trademark laws, the laws of privacy and publicity, and communications regulations
and statutes.
A site that links to MM's Web Site:
