OUR TERMS OF SERVICE.
Last updated June 21, 2018. Replaces all prior versions.
These terms and conditions (“Terms”) apply to your use of all Excellence in Measurement Technology ("Excellence in Measurement Technology", "EMT", "we", "us" or "our") websites and software applications (“Services” or individually a “Service”) and accessing any content or material that is made available by Excellence in Measurement Technology through the Service ("Content").
Unless otherwise set out herein, content comprised within the Services, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, audio, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Excellence in Measurement Technology, its licensors or its content providers and is protected by copyright, trademark and other intellectual property and unfair competition laws. All other trademarks and service marks are the property of their respective owners.
Except as otherwise provided in any additional terms for a Service, you may print or download Content from the Services for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.
You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, or products or services obtained from the Services, in any medium to anyone, except as otherwise expressly permitted under these Terms, or any relevant license or subscription agreement or authorization by us.
The following is not permitted for any reason whatsoever:
- selling, renting, sublicensing or leasing of any part of the Excellence in Measurement Technology Services or Content;
- reverse engineering, disassembling, decompiling, translating, or creating derivative works of any software in the Content, or otherwise attempting to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission;
- accessing or attempting to access the Services or Content by any means other than the interface we provide or authorize;
- circumventing any access or use restrictions put into place to prevent certain uses of the Services or Content;
- systematic retrieval of Content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission;
- removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through Excellence in Measurement Technology Services and Content (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- Using any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to collect information from EMT or any other users of the Services;
- Interfering or disrupting any of EMT's Services;
- Probing, scanning or testing the vulnerability of the Services or any network connected to the Services or breaching or attempting to breach the security or authentication measures on the Services or any network connected to the Services.
The Services may contain links to third-party sites or resources. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from external sites or resources linked to the Services. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Excellence in Measurement Technology.
You may establish a hypertext link to the Services, provided that the link does not state or imply any sponsorship or endorsement of your site, company, product and/or service by EMT. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Services, including but not limited to any logos, without the express written consent or an explicit license of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Services without prior written consent of EMT.
Content may be submitted by users through Excellence in Measurement Technology Services, or through other means of contact with the user (including but not limited to email and mail), for use by Excellence in Measurement Technology Services and Content.
If you decide to transmit feedback, creative ideas, or materials, such as ideas for products, services, promotions, product names, technologies or processes, whether in the form of answers, questions, comments, suggestions, expressive works, plans, or otherwise ("Creative Submissions"), via the Services or through other means of contact including but not limited to email and mail, Excellence in Measurement Technology must protect its ability to pursue strategies or exploit ideas, whether coming from EMT's employees or from third parties, that may be the same or similar to the such submissions. By transmitting, uploading, posting or submitting any Creative Submissions, you hereby grant to EMT an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, unrestricted license to use, distribute, make, exploit, practice, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display, and authorize others to do so, all such Creative Submissions in any manner whatsoever, in any medium now known or later developed, without compensation, attribution or any obligation to you or to any other person or entity. You agree that EMT is not under any obligation of confidentiality or restriction, express or implied, with respect to the Creative Submissions or other feedback.
We are under no obligation to display or otherwise use any Creative Submissions you may provide, and we may remove any Creative Submissions at any time in our sole discretion. By Posting such a Creative Submission, you also warrant and represent that you own or otherwise control all of the rights to your Creative Submission including, without limitation, all the rights necessary for granting the permission specified above.
By transmitting, uploading, posting or submitting any information or material using the Services (including, without limitation Creative Submissions; collectively, the "Submitted Material"), you represent and warrant that: (i) such Submitted Material is not confidential, secret or proprietary information belonging to someone else; (ii) such Submitted Material does not violate these Terms and will not cause injury to any person or entity; and (iii) no other party has rights in the Submitted Material, in whole or in part, and that your transmission, posting, uploading or submission of the information does not violate any copyright, intellectual property right or other laws or obligations you may have to any person or entity. You agree that you shall have no recourse against EMT, or its licensors, or suppliers, for any alleged or actual infringement or misappropriation of any intellectual property right in Submitted Material or any portion thereof. EMT is not responsible for back-up or restoration of Submitted Material or for any loss of or disablement of access to your Submitted Material.
You may not use the Services to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. EMT may at any time exercise editorial control over the Content of the Services.
Serverability and Waiver
Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Excellence in Measurement Technology or any third party beneficiary to enforce the Terms or any provision thereof shall not waive EMT’s or the applicable third party beneficiary’s right to do so.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Excellence in Measurement Technology harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any User Content; (3) any activity in which you engage on or through the EMT Services; and (4) your violation of any law or the rights of a third party. These indemnity obligations will survive termination of your relationship with EMT or your ceasing to use the Services or Content.
Disclaimers of Warranties
Unless as otherwise stated in the Terms, the Services and Content are provided “AS-IS.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of non-infringement, merchantability, and fitness for a particular purpose. We make no commitments about the content within the Services. We further disclaim any warranty that (a) the Services or Content will meet your requirements or will be constantly available, uninterrupted, timely, secure, or error-free; (b) the results obtained from the use of the Services or Content will be effective, accurate, or reliable; (c) the quality of the Services or Content will meet your expectations; or (d) any errors or defects in the Services or Content will be corrected.
Limitation of Liability
Unless as otherwise stated in the Terms, we are not liable to you or anyone else for any loss of use, data, goodwill, or profits, whatsoever, and any special, incidental, indirect, consequential, or punitive damages whatsoever, regardless of cause (even if we have been advised of the possibility of the loss or damages), including losses and damages (a) resulting from loss of use, data, or profits, whether or not foreseeable; (b) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action; or (c) arising from any other claim arising out of or in connection with your use of or access to the Services or Content. Nothing in the Terms limits or excludes our liability for gross negligence, for our, or our employees’, intentional misconduct, or for death or personal injury.
Our total liability in any matter arising out of or related to the Terms is limited to US $100. This limitation will apply regardless of the form or source of claim or loss, whether the claim or loss was foreseeable, and whether a party has been advised of the possibility of the claim or loss.
Changes to the Terms
Occasionally we may, in our discretion, make changes to the Terms. When we make material changes to the Terms, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.