Author:
Webmaster
Publishing
date: 28Feb04
Welcome to www.radiomet.com. Radiometrics supports freedom of
speech, both on and off the Internet. However, the goal of this
web site is to provide access to a wide range information, services
and publications in the field of EMC testing. To insure a safe,
nonoffensive environment for all of our users, we have established
our Terms of Use. It spells out what you can expect from us and
what we expect from you.
By accessing any areas of www.radiomet.com, users ("Users")
agree to be legally bound and to abide by the terms set forth
below. Radiomet.com is owned and operated by Radiometrics Midwest
Corporation. Any references herein to Radiomet.com or www.radiomet.com
shall be deemed to refer to Radiometrics Midwest Corporation.
Radiomet.com may revise these Terms at any time by updating this
page, and by accessing the site or utilizing Radiomet.com's services
you agree to be bound by these Terms of Use as in effect at the
time of your use. You should visit this page periodically to review
the Terms of Use, because they are binding on you.
The terms "You", "User", "Member"
and "Buyer" as used hereinafter refer to all individuals
and/or entities accessing this website for any reason. Firms that
are suppliers of professional services and have signed a service
or advertisement agreement with Radiomet.com, may be bound by
additional Terms and Conditions as mentioned in their contract.
I. TRADEMARKS
www.Radiomet.com and Radiomet.com are service marks of Radiomet.com
or its affiliates. All rights reserved. These and other graphics,
logos and service marks and trademarks of Radiomet.com and its
affiliates may not be used without prior written consent of Radiomet.com
or its affiliates, as the case may be. All other trademarks, product
names, and company names and logos appearing on www.Radiomet.com
are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF
LIABILITY
User expressly agrees that use of www.Radiomet.com is at User's
sole risk. Neither Radiomet.com, nor its affiliates, nor any of
their officers, directors, or employees, agents, third-party content
providers, merchants, sponsors, licensors (collectively, "Providers"),
or the like, warrant that www.Radiomet.com will be uninterrupted
or error-free; nor do they make any warranty as to the results
that may be obtained from the use of www.Radiomet.com, or as to
the accuracy, reliability, or currency of any information content,
service, or merchandise provided through www.Radiomet.com.
THIS SITE IS PROVIDED BY RADIOMET.COM ON AN "AS IS"
AND "AS AVAILABLE" BASIS. RADIOMET.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION
OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS,
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, RADIOMET.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. RADIOMET.COM WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL
PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY RADIOMET.COM NOR ITS AFFILIATES, NOR ANY
OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR
THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY
SUCH INFORMATION OR ADVICE.
Under no circumstances shall Radiomet.com or any other party
involved in creating, producing, or distributing Radiomet.com
be liable for any direct, indirect, incidental, special, or consequential
damages that result from the use of or inability to use www.Radiomet.com,
including but not limited to reliance by a User on any information
obtained from www.Radiomet.com or that result from mistakes, omissions,
interruptions, deletion of files or email, errors, defects, viruses,
delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure,
theft, destruction, or unauthorized access to www.Radiomet.com's
records, programs, or services. User hereby acknowledges that
this paragraph shall apply to all content, merchandise, and services
available through www.Radiomet.com. Because some states do not
allow the exclusion or limitation of liability for consequential
or incidental damages, in such states liability is limited to
the fullest extent permitted by law.
User understands that Radiomet.com's web site contains links to
third parties' web sites ("Third Party Sites") that
are no under the control of Radiomet.com. Radiomet.com is providing
these links solely as a convenience and is not responsible for
the content or functioning of any Third Party Sites. The inclusion
of links to Third Party Sites does not imply any endorsement by
Radiomet.com of the operators of such sites or the products or
services offered on the Third Party Sites. You are responsible
for understanding and abiding by the terms and conditions of use
required by all Third Party Sites.
User understands that Radiomet.com provides value-added content
in the form of e-mail newsletters, announcements and advertisements
and that you will receive this content unless you have chose not
to receive these communications. Radiomet.com does not and will
not sell personal or corporate information (i.e. name, title,
physical or email address) collected through the membership process
to third party vendors for solicitation.
III. CONTENT
a. PROPRIETARY RIGHTS User acknowledges that www.Radiomet.com
contains information, documents, data, software, photographs,
graphs, videos, typefaces, graphics, sounds, and other material
(collectively "Content") that are protected by copyrights,
trademarks, trade secrets, or other proprietary rights, and that
these rights are valid and protected in all forms, media and technologies
existing now or hereinafter developed. All Content is copyrighted
as a collective work under the international copyright laws, and
Radiomet.com owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. User may not modify,
remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale of, create derivative works from, or in
any way exploit any of the Content, in whole or in part. If no
specific restrictions are displayed, Users may make copies of
select portions of the Content, provided that the copies are made
only for User's personal use and that User maintains any notices
contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided
in the preceding sentence or as permitted by the fair use privilege
under international copyright laws, User may not upload, post,
reproduce, or distribute in any way Content protected by copyright,
or other proprietary right, without obtaining permission of the
owner of the copyright or other propriety right. In addition to
the foregoing, use of any software Content shall be governed by
the software license agreement accompanying such software.
b. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT Except as set
forth in Section III a. above, User may upload to or otherwise
distribute on www.Radiomet.com only Content that is not subject
to any copyright or other proprietary rights protection (collectively,
"Public Content"), or Content in which the author has
given express authorization for distribution on the World Wide
Web. Any copyrighted or other proprietary Content distributed
with the consent of a copyright owner should contain a phrase
such as "Copyright, owned by [name of owner]; used by permission."
The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the User
to criminal prosecution as well as personal liability for damages
in a civil suit. User will be liable for any damage resulting
from any infringement of copyrights or proprietary rights, or
from any other harm arising from such submission. Neither Radiomet.com,
nor its affiliates, nor any of their officers, directors, employees,
agents, Providers, or the like, will be liable for any damage
resulting from any infringement of copyrights or proprietary rights,
or from any other harm arising from such User submission. In compliance
with the Digital Millennium Copyright Act, Users and other persons
can report an infringement info@Radiomet.com to Radiomet.com.
By submitting Content to any User-submit areas, including, without
limitation, any User book reviews or participation in any author
chats, User automatically grants, or warrants that the owner of
such Content has expressly granted Radiomet.com the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use,
reproduce, publish, translate, sublicense, copy, and distribute
the Content in whole or in part worldwide and/or to incorporate
it in other works in any form, media, or technology now known
or hereafter developed for the full term of any copyright that
may exist in such Content. User also permits any other User to
access, store, or reproduce the Content for that User's personal
use. Subject to this grant, the owner of Content placed on www.Radiomet.com
retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT
Radiomet.com is a distributor and not a publisher of Content supplied
by third parties and Users. Radiomet.com has no more editorial
control over such Content than does a public library or newsstand.
Any opinions, advice, statements, services, offers, or other information
that constitutes part of Content expressed or made available by
third parties, including Providers or any other User of www.Radiomet.com,
are those of the respective authors or distributors and not of
Radiomet.com or its affiliates or any of their officers, directors,
employees, or agents. Neither Radiomet.com nor its affiliates,
nor any of their officers, directors, employees, or agents, nor
any third party, including any Provider, or any other User of
www.Radiomet.com, guarantees the accuracy, completeness, or usefulness
of any Content, nor its merchantability or fitness for any particular
purpose. In many instances, the Content available through www.Radiomet.com
represents the opinions and judgments of the respective Provider,
or User not under contract with Radiomet.com. Radiomet.com neither
endorses nor is responsible for the accuracy or reliability of
any opinion, advice, or statement made on www.Radiomet.com by
anyone other than authorized Radiomet.com employees. Under no
circumstances shall Radiomet.com, or its affiliates, or any of
their officers, directors, employees, or agents be liable for
any loss, damage or harm caused by a User's reliance on information
obtained through www.Radiomet.com. It is the responsibility of
User to evaluate the information, opinion, advice, or other Content
available through www.Radiomet.com.
IV. ONLINE CONDUCT
User agrees to use www.Radiomet.com only for lawful purposes.
User is prohibited from posting on or transmitting through www.Radiomet.com
any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racially,
ethnically, or otherwise objectionable material of any kind, including
but not limited to any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international
law. If Radiomet.com is notified of allegedly infringing, defamatory,
damaging, illegal, or offensive Content provided by User (e.g.,
through an author chat or online review), Radiomet.com may investigate
the allegation and determine in its sole discretion whether to
remove or request the removal of such Content from www.Radiomet.com.
Radiomet.com may disclose any Content or electronic communication
of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate to
operate www.Radiomet.com; or (iii) to protect the rights or property
of Radiomet.com, its Users or Providers. Radiomet.com reserves
the right to prohibit conduct, communication, or Content that
it deems in its sole discretion to be harmful to individual Users,
Radiomet.com, or any rights of Radiomet.com or any third party,
or to violate any applicable law. Notwithstanding the foregoing,
neither Radiomet.com nor its Providers can ensure prompt removal
of questionable Content after online posting. Accordingly, neither
Radiomet.com, nor its affiliates, nor any of their officers, directors,
employees, or agents, nor Providers shall assume liability for
any action or inaction with respect to conduct, communication,
or Content on www.Radiomet.com.
Furthermore, User agrees not to do any of the following while
using this site or any of Radiomet.com's services:
- Conduct any business or activity, or solicit the performance
of any activity, that is prohibited by law or is not consistent
with this web site's intended use asdetermined by Radiomet.com
in it's sole discretion;
- Resell any of the information or services provided by Radiomet.com
or otherwise misrepresent that any information or services provided
by Radiomet.com are provided by you;
- Restrict or inhibit any user from using this web site or any
related services, or deleting or tampering with the posting of
other users;
- Post false or misleading information about you, your company,
or your services, or create a false identity for the purpose of
misleading others;
- Use the web site or any Radiomet.com service or information
in connection with surveys, contests, pyramid or multi-level marketing
schemes, distributorships, club memberships, chain letters, spamming
or unsolicited messages;
- Upload files that contain software or other materials in violation
of the intellectual property or privacy rights of others, that
contain viruses worms, corrupted files, or any other program tha
may damage another user's propoerty or the operation of Radiomet.com
or their computers;
- Take any action which would impose or create an unreasonable
or disproportionately larde load on this web site's infrastructure;
- Use your password access for any unauthorized purpose or access,
tamper with or use non-public or non-authorized areas of the web
site;
- Solicit, harvest or otherwise collect information about other
users, including their names, email addresses, etc., without their
prior consent for any commercial or business purpose or to transmit
unsolicited advertising or communications.
V. TERMINATION OF USAGE
Radiomet.com may terminate User's access, or suspend any User's
access to all or part of www.Radiomet.com, without notice, for
any conduct that Radiomet.com, in its sole discretion, believes
is in violation of any applicable law or is harmful to the interests
of another User, a third-party Provider, a service provider, or
Radiomet.com.
VI. USAGE BY CHILDREN UNDER 13
Radiomet.com cannot prohibit minors from visiting this
site. Radiomet.com must rely on parents, guardians and those responsible
for supervising children under 13 to decide which materials are
appropriate for such children to view and/or purchase (whether
in our Kids! department or our other departments). Radiomet.com
requires that all purchases be made either (i) by individuals
13 years of age or older, or (ii) by minors under 13 through a
Radiomet.com authorized affiliated program which permits parents
and other guardians to both pay for the purchases of minors, and
give verifiable permission for such minors to purchase items on
our site and for the collection by us of certain information in
accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT AT WWW.RADIOMET.COM, YOU ARE
REPRESENTING TO RADIOMET.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL
13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING
THROUGH A RADIOMET.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS
PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS,
AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS
ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION
IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VII. APPLICABLE LAW
This site is created and controlled by Radiomet.com in the United
States of America. As such, the laws of the United States will
govern these disclaimers, terms and conditions, without giving
effect to any principles of conflicts of laws. Radiomet.com reserves
the right to make changes to its site and these disclaimers, terms
and conditions at any time. User hereby irrevocably and unconditionally
consents to submit to the exclusive jurisdiction of the courts
of the United States for any litigation arising out of or relating
to use of or purchase made through www.Radiomet.com (and agrees
not to commence any litigation relating thereto except in such
courts), waives any objection to the laying of venue of any such
litigation in the United States and agrees not to plead or claim
in any US or other national court that such litigation brought
therein has been brought in an inconvenient forum.
VIII. SEVERABILITY
The provisions of these Terms of Use are intended to be severable.
If for any reason any provision of these Terms of Use shall be
held invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective
to the extent of such invalidity or unenforceability without in
any manner affecting the validity or enforceability thereof in
any other jurisdiction or the remaining provisions hereof in any
jurisdiction.
ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents
the entire understanding between you and Radiomet.com regarding
your relationship with Radiomet.com and supersedes any prior statements
or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE
by using the www.Radiomet.com web site.
The aforementioned Terms of Use are subject to change.
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