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Please read these terms of use before using the World Wide Web pages of
eCalibration.com. These pages, found at www.ecalibration.com, together
with the underlying source HTML files which implement the hypertext features,
are hereinafter referred to as this "Site." By using this Site, you are
agreeing to the following terms.
IF YOU DO NOT AGREE
WITH THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USE OF THIS SITE.
1. USE OF MATERIALS
a. The contents of this site, including, but not limited to, text, graphics
and icons, are copyrighted materials ("Contents") owned or controlled
by eCalibration.com or entities which have granted certain rights to eCalibration.com.
The Contents may also contain eCalibration.com's or such other entity's
name, trademarks, service marks, and trade names, as well as product designs
covered by United States and foreign design patents. You are hereby granted
a nonexclusive, nontransferable, limited license to view, reproduce, download,
print and distribute portions of the Site and the Contents of the Site,
for your personal use in learning about the topic discussed at the Site,
in evaluating or acquiring eCalibration.com's services or products, or
in learning about and evaluating other services and products described
at the Site. You must faithfully reproduce any and all copyright notices,
which are provided by eCalibration.com, and may not obscure copyright
or other notices.
b. Except as specifically provided herein, eCalibration.com does not grant
permission to you to print, copy, reproduce, distribute, transmit, upload,
download, store, display in public, alter, or modify the Site or the Contents.
c. Without first obtaining eCalibration.com's written consent, you may
not use (a) eCalibration.com's icons to hyperlink other web sites with
this site, or (b) eCalibration.com's name, trademarks, trade names, service
marks, or any patented designs for any reason. If you wish to take any
of these actions, please email
us. If permission to hyperlink is granted, you may not remove or obscure
(by framing or otherwise) any copyright notices, advertisements, or other
information on this Site.
2. THIRD PARTY
LINKS
eCalibration.com assumes no responsibility for material created or published
by third parties, including without limiting the generality of the foregoing,
materials on sites, which are linked to the Site.
3. SUBMISSIONS
a. All information submitted to eCalibration.com via this Site, or via
any postal or any e-mail submission to any eCalibration.com employee,
shall be and shall remain the property of eCalibration.com. eCalibration.com
reserves the right to review all content and remove material which is
objectionable to eCalibration.com, in its sole and absolute discretion.
You waive all editorial and moral rights to any submissions you make to
eCalibration.com, regardless of format.
b. eCalibration.com shall not be subject to any obligations of confidentiality
regarding submitted information, with the sole exception of site registration
information as provided on registration forms, this information is not
disclosed to third persons without the consent of the registrant.
c. You warrant that all information submitted by you is fit for publication,
and is not libelous or defamatory.
d. You agree to indemnify eCalibration.com if any third party takes action
against eCalibration.com, and agree not to take action against eCalibration.com,
in relation to any material you submit, regardless of form.
e. By submitting information, you warrant that eCalibration.com may publish
the information, and/or incorporate it or any concepts described in such
information, without liability to you or any other or entity.
4. DISCLAIMERS
AND LIMITATION OF WARRANTIES
a. THE CONTENTS ARE PROVIDED "AS IS," ON AN "AS AVAILABLE BASIS." ALL
WARRANTIES, EXPRESS AND IMPLIED, AND ALL INDEMNITIES OF ANY KIND, IMPLIED
OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NONINFRINGEMENT
OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE,
ARE EXPRESSLY DISCLAIMED. ECI AND ITS LICENSORS DO NOT WARRANT OR REPRESENT
THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY
SEQUENCED, RELIABLE OR TIMELY, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED,
OR FREE OF ERRORS AND/OR VIRUSES. YOU USE THE SITE AT YOUR SOLE RISK.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT,
TORT OR NEGLIGENCE, WILL ECI, ANY RELATED PARTIES, OR ITS LICENSORS BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
(INCLUDING LOST PROFITS ) THAT ARISE OUT OF OR IN CONNECTION WITH ANY
ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS OR UNAUTHENTICITY
OF ANY CONTENT IN THE SITE, OR THE USE OR INABILITY TO USE THIS SITE OR
ANY CONTENT THEREIN. IN NO EVENT SHALL ECI'S, RELATED PARTIES' AND LICENSOR'S
AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR
ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU TO ECI FOR
ACCESSING THIS SITE, IF ANY.
b. The foregoing limitation of liability includes, without limiting the
generality of the foregoing, all damages suffered as a result of (1) errors
and/or omissions, typographical errors and technical inaccuracies in or
on the Site or on third party Web sites which are linked to the Site directly
or indirectly; (2) the unavailability of this Site or any portion of the
Site; (3) your use of this Site for any purpose whatsoever; or (4) any
damages to personal property, including computer equipment and software,
whether as a result of computer viruses or otherwise.
c. eCalibration.com makes no representation that the materials contained
in the Site are appropriate or authorized for use in all countries, states,
provinces, county or any other jurisdictions. If you choose to access
this Site, you do so on your own initiative and risk and are responsible
for compliance with all applicable laws.
5. INDEMNIFICATION
You will indemnify, defend and hold eCalibration.com harmless from and
against all damages and claims suffered by eCalibration.com and arising
directly or indirectly from your breach of these Terms of Use. Such indemnification
shall include attorney fees and costs incurred by eCalibration.com in
enforcing its rights hereunder.
6. MISCELLANEOUS
a. eCalibration.com reserves the right to withdraw or limit access to
the Site and revise the Contents and the services and products described
in this Site, including these Terms of Use, at any time without notifying
you specifically, even if such notice has been requested. eCalibration.com
may amend or modify these Terms of Use or impose new conditions at any
time upon inclusion of a notice on the Site indicating that this agreement
has been updated. Any use of the site by you after such update shall be
deemed to constitute acceptance by you of such amendments, modifications
or new conditions.
b. This Site may contain references to products or services that are not
available in all locations.
c. These Conditions of Use shall be governed by and construed in accordance
with the laws of Commonwealth Of Pennsylvania, as applied to agreements
made and solely performed in the Commonwealth Of Pennsylvania. Disputes
arising hereunder shall be exclusively subject to the jurisdiction of
the State and U.S. Federal District Courts of the Commonwealth Of Pennsylvania.
You expressly consent to such jurisdiction.
d. These Terms of Use represent all of the agreements between you and
eCalibration.com regarding your use and access to the Site. If any provision
of these Terms of Use is deemed unenforceable, unlawful, void, or against
public policy, that provisions shall be deemed severed from the remainder
of these Terms of Use, which shall remain valid and in full force and
effect.
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