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GfG Instrumentation, Inc. (“GfG”)
operates this Site to provide online access to information
about GfG and the products, services, and opportunities we
provide (the “Service”). By accessing and using this Site,
you agree to each of the terms and conditions set forth
herein (“Terms of Use”). Additional terms and conditions
applicable to specific areas of this Site or to particular
content or transactions are also posted in particular areas
of the Site and, together with these Terms of Use, govern
your use of those areas, content or transactions. These
Terms of Use, together with applicable additional terms and
conditions, are referred to as this “Agreement.”
GfG reserves the right to modify this
Agreement at any time without giving you prior notice. Your
use of the Site following any such modification constitutes
your agreement to follow and be bound by the Agreement as
modified. The last date these Terms of Use were revised is
set forth below.
1. Use of Site
You may use the Service, the Site, and
the information, writings, images and/or other works that
you see, hear or otherwise experience on the Site (singly or
collectively, the “Content”) solely for your non-commercial,
personal purposes and/or to learn about GfG products and
services. No right, title or interest in any Content is
transferred to you, whether as a result of downloading such
Content or otherwise. GfG reserves complete title and full
intellectual property rights in all Content. Except as
expressly authorized by this Agreement, you may not use,
alter, copy, distribute, transmit, or derive another work
from any Content obtained from the Site or the Service,
except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected
by U.S. and/or foreign copyright laws, and
belong to GfG or its partners, affiliates,
contributors or third parties. The
copyrights in the Content are owned by GfG
or other copyright owners who have
authorized their use on the Site. You may
download and reprint Content for
non-commercial, non-public, personal use
only (If you are browsing this Site as an
employee or member of any business or
organization, you may download and reprint
Content only for educational or other
non-commercial purposes within your business
or organization, except as otherwise
permitted by GfG, for example in certain
password-restricted areas of the Site.
3. Trademarks
You are prohibited from using any of
the marks or logos appearing throughout the Site without
permission from the trademark owner, except as permitted by
applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web
sites or information are provided solely as a convenience to
you. If you use these links, you will leave the Site. Such
links do not constitute or imply an endorsement,
sponsorship, or recommendation by GfG of the third party,
the third-party web site, or the information contained
therein. GfG is not responsible for the availability of any
such web sites. GfG is not responsible or liable for any
such web site or the content thereon. If you use the links
to the web sites of GfG affiliates or service providers, you
will leave the Site, and will be subject to the terms of use
and privacy policy applicable to those web sites.
5. Linking to this Site
You may link to the GfG web site(s)
when GfG's business is relevant to your own activities.
However, no use is permitted just to attract attention or to
suggest any endorsement or sponsorship by, or affiliation
with Kodak. Unless specifically authorized by GfG, you may
not connect “deep links” to the Site, i.e., create links to
this site that bypass the home page or other parts of the
Site. You may not mirror or frame the home page or any other
pages of this Site on any other web site or web page without
prior and written permission.
6. Downloading Files
GfG cannot and does not guarantee or
warrant that files available for downloading through the
Site will be free of infection by software viruses or other
harmful computer code, files or programs.
7. Software
Any software an firmware available for
download via the Site is the copyrighted work of GfG and/or
its licensors. Use of such software is governed by the terms
of the end user license agreement that accompanies or is
included with the software. Downloading, installing, and/or
using any such software or firmware indicates your
acceptance of the terms of the end user license agreement.
8. Disclaimer of Warranties
GFG MAKES NO EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH
RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. GfG
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD
TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR
SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. GfG DOES
NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE
CORRECTED. GfG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE
CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE
PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
IN NO EVENT WILL GfG BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY
DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR
OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR
INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II)
ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE
SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR
OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE
CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO
THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF GfG HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE
DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR
WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. IN SUCH STATES, GFG’S LIABILITY IS LIMITED AND
WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY
LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
10. Indemnification
You understand and agree that you are
personally responsible for your behavior on the Site. You
agree to indemnify, defend and hold harmless GfG, its parent
companies, subsidiaries, affiliated companies, joint
ventures, business partners, licensors, employees, agents,
and any third-party information providers to the Service
from and against all claims, losses, expenses, damages and
costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and
reasonable attorneys’ fees, resulting from or arising out of
your use, misuse, or inability to use the Site, the Service,
or the Content, or any violation by you of this Agreement.
11. Privacy
Click here to
see GfG's Privacy Policy.
12. User Conduct
You agree to use the Site only for
lawful purposes. You agree not to take any action that might
compromise the security of the Site, render the Site
inaccessible to others or otherwise cause damage to the Site
or the Content. You agree not to add to, subtract from, or
otherwise modify the Content, or to attempt to access any
Content that is not intended for you. You agree not to use
the Site in any manner that might interfere with the rights
of third parties.
13. Unsolicited Idea Submission
Policy.
GfG or any of its employees do not
accept or consider unsolicited ideas, including ideas for
new advertising campaigns, marketing strategies, new or
improved products, technologies, services, processes,
materials, or new product names. We have found this policy
necessary in order to avoid misunderstandings should GfG’s
business activities bear coincidental similarities with one
or more of the thousands of unsolicited ideas offered to us.
Please do not send your unsolicited ideas to GfG or anyone
at GfG. If, in spite of our request that you not send us
your ideas, you still send them, then regardless of what
your posting, email, letter, or other transmission may say,
(1) your idea will automatically become the property of GfG,
without any compensation to you; (2) GfG will have no
obligation to return your idea to you or respond to you in
any way; (3) GfG will have no obligation to keep your idea
confidential; and (4) GfG may use your idea for any purpose
whatsoever, including giving your idea to others.
However, GfG does welcome feedback
regarding many areas of GfG’s existing businesses that will
help satisfy customer’s needs, and feedback can be provided
through the many listed contact areas on the Site. Any
feedback you provide shall be deemed a Submission under the
terms in the User Supplied Information section above.
14. User Supplied Information
GfG does not want to receive
confidential or proprietary information from you via the
Site. You agree that any material, information, or data you
transmit to us or post to the Site (each a “Submission or
collectively “Submissions”) will be considered non
confidential and non proprietary. For all Submissions, (1)
you guarantee to us that you have the legal right to post
the Submission and that it will not violate any law or the
rights of any person or entity, and (2) you give GfG the
royalty-free, irrevocable, perpetual, worldwide right to
use, distribute, display and create derivative works from
the Submission, in any and all media, in any manner, in
whole or in part, without any restriction or
responsibilities to you.
15. Password Security
If you register to become a member of a
GfG website or accept and use any passwords provided by GfG,
you are responsible for maintaining the confidentiality of
your member identification and password information, and for
restricting access to your computer. You agree to accept
responsibility for all activities that occur under your
member identification and password.
16. General Provisions
a. Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the
parties with respect to the subject matter hereof. No waiver
by GfG of any breach or default hereunder shall be deemed to
be a waiver of any preceding or subsequent breach or
default.
b. Correction of Errors and
Inaccuracies. The Content may contain typographical
errors or other errors or inaccuracies and may not be
complete or current. GfG therefore reserves the right to
correct any errors, inaccuracies or omissions and to change
or update the Content at any time without prior notice. GfG
does not, however, guarantee that any errors, inaccuracies
or omissions will be corrected.
c. Enforcement/ Choice of Law/
Choice of Forum. If any part of this Agreement is
determined by a court of competent jurisdiction to be
invalid or unenforceable, it will not impact any other
provision of this Agreement, all of which will remain in
full force and effect. Any and all disputes relating to this
Agreement, GfG’s Privacy Policy, your use of the Site, any
other GfG web site, the Service, or the Content are governed
by, and will be interpreted in accordance with, the laws of
the State of New York, without regard to any conflict of
laws provisions.
© Copyright 2009 GfG Instrumentation, Inc.
All rights
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