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AMS/Industrial Meter provides the information, services and
programs offered through industrialmeter.com.
The current Disclaimer will always be
available for your review at
http://www.industrialmeter.com/legal. By
accessing and using the web site you agree to
the posted Disclaimer.
Description Of Online Services
The industrialmeter.com web site is provided
for your information. You understand and
agree that our web site is intended for
general reference purposes only and is not
intended to address specific conditions.
Furthermore, you understand and agree that
our web site is provided "AS-IS" and that
AMS/Industrial Meter assumes no responsibility
for, among other things, any service outages
or interruptions, the unavailability of
particular features or services, and the
inability to access all or part of our web
site.
Your Use
Of Our Online Services
In consideration for providing you with
access to our web site, you agree to provide
true, accurate, current and complete
information about yourself as prompted by our
web site registration form and update that
information to keep it accurate. You
acknowledge and agree that our web site
contains proprietary information that is
protected by applicable intellectual property
and other laws. You agree not to reproduce,
duplicate, copy, sell, resell or exploit for
any commercial purposes, use of our web site,
access to our web site or any of the content
accessible through our web site. You also
agree not to use our web site to:
(a) violate or solicit the violation of any
applicable local, state, national or
international law;
(b) infringe the rights of any third party,
including but not limited to intellectual
property rights and privacy or publicity
rights; and,
(c) interfere with or disrupt our web site.
Furthermore,
you agree that you will not use any automated
device or process, such as a "bot" or a
"spider," to copy or extract information or
content from our web site, except to use such
information or content for purposes of
listing our web site with a search engine or
other service designed to direct users to our
web site. You further agree that you will not
copy, modify, or publicly display any
information or content on the site for use in
any commercial manner, except to use such
information or content for purposes of
listing our web site in a search engine or
other service directing users to our web
site.
If you do
not fulfill your obligations under this
Agreement, at AMS/Industrial Meter’s sole
discretion and without limiting its other
remedies, AMS/Industrial Meter may terminate your
access to part or all of our web site.
However, our failure to act with respect to a
breach by you or others does not waive our
right to act with respect to subsequent or
similar breaches.
Children
Our web site is not designed for use by
children. If you are under the age of 13, you
may not use our web site without parental
consent. By accepting this agreement, you
agree and warrant that you are not under the
age of 13.
Your
Privacy
Your privacy is important to AMS/Industrial Meter. By agreeing to this Disclaimer, you
also consent to the privacy practices
detailed in our
Privacy Policy, which may be modified as
set out in the Privacy Policy. To the extent
you are covered by laws requiring your
consent for data transfer to the United
States, you agree that your data may be
transferred to the United States and
collected and used accordance with our
Privacy Policy.
Other Web
Sites
Our web site sometimes provide links or
access to other web sites and resources. As
AMS/Industrial Meter does not control such sites
and resources, you acknowledge and agree that
AMS/Industrial Meter is not responsible for their
availability, and does not endorse and is not
responsible or liable for any content,
advertising, products, or other materials on
or available from such sites or resources.
You further acknowledge and agree that
AMS/Industrial Meter shall not be responsible or
liable, directly or indirectly, for any
damage or loss caused or alleged to be caused
by or in connection with use of or reliance
on any such content, goods or services
available on or through any such site or
resource.
No
Warranty
YOU UNDERSTAND AND AGREE THAT WE, AND OUR
SUPPLIERS, PROVIDE OUR WEB SITE "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS,
IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU
FURTHER UNDERSTAND AND AGREE THAT WE, AND OUR
SUPPLIERS, MAKE NO WARRANTY AS TO THE
RELIABILITY, ACCESSIBILITY, ACCURACY,
LEGITIMACY OR QUALITY OF THE SITE OR THE
CONTENT AVAILABLE ON THE SITE. YOU AGREE THAT
USE OF THE SITE AND ITS CONTENT IS AT YOUR
SOLE AND EXCLUSIVE RISK. Some jurisdictions
do not allow the disclaimer of implied
warranties, so the foregoing disclaimer may
not apply to you.
Liability
Limitation
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
AMS/Industrial Meter SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF AMS/Industrial Meter HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE WEB SITE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE WEB SITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; OR (iv) ANY OTHER
MATTER RELATING TO THE WEB SITE.
OUR
LIABILITY, AND THE LIABILITY OF OUR
SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY
CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A)
THE AMOUNT OF FEES YOU PAY TO US IN THE 12
MONTHS PRIOR TO THE ACTION GIVING RISE TO
LIABILITY, IF ANY, OR (B) $100. Some
jurisdictions do not allow the exclusion or
limitation of incidental or consequential
damages, so the above limitations or
exclusions may not apply to you.
Indemnity
You agree to indemnify and hold AMS/Industrial Meter and (as applicable) our parent,
subsidiaries, affiliates, officers,
directors, agents, and employees, harmless
from any claim or demand, including
reasonable attorneys' fees, made by any third
party due to or arising out of your breach of
this Disclaimer or your violation of any law
or the rights of a third party.
Modification and Termination
You agree that AMS/Industrial Meter may amend
this Disclaimer at any time by posting the
amended terms on our site www.industrialmeter.com
All amendments shall automatically be
effective 10 days after they are initially
posted on our site. Your use of the web site
following the effective date of any
modifications shall constitute your binding
acceptance of those modifications.
Furthermore, you agree that this Disclaimer
and all incorporated agreements may be
automatically assigned by AMS/Industrial Meter,
in our sole discretion, to a third party in
the event of a merger or acquisition. This
Agreement may not be otherwise amended except
in a writing signed by an officer of
AMS/Industrial Meter. This Disclaimer was last
modified on August 8, 2003.
You
understand and agree that AMS/Industrial Meter,
at its complete discretion, may remove or
alter the web site or any of content
available through them at any time and for
any reason or no reason.
Disputes
This Disclaimer and your relationship with
AMS/Industrial Meter shall be governed by the
laws of the State of Texas as such laws are
applied to agreements entered into and to be
performed entirely within Texas between Texas
residents, without regard to Texas' conflict
of law provisions. Regardless of any statute
or law to the contrary, you agree that any
claim or cause of action arising out of or
related to use of the web site or this
Diclaimer must be filed within one (1) year
after such claim or cause of action arose or
be forever barred. Furthermore, you and
AMS/Industrial Meter agree to submit any disputes
arising from this agreement to final and
binding arbitration under the Commercial
Dispute Resolution Rules of the American
Arbitration Association.
Contact
Information
Our web site is offered by AMS/Industrial Meter,
located at 1118 N. Main St., Houston, Texas
77581. If you are a Texas resident, you may
have this same information emailed to you by
sending a letter to the foregoing address
with your email address and a request for
this information.
Except as
explicitly stated otherwise, any notices
shall be given by postal mail to AMS/Industrial Meter, Attn: David Lee, 14375 Sommermeyer, Houston, Texas 77581 (in the case
of AMS/Industrial Meter) or by email to the email
address you provide to AMS/Industrial Meter during the registration process (in your
case).
General
Headings in this Disclaimer are for reference
purposes only and in no way define, limit,
construe or describe the scope or extent of
such section. This Disclaimer sets forth the
entire and exclusive understanding and
agreement between you and AMS/Industrial Meter with respect to the subject matter hereof.
This Disclaimer supercedes and cancels all
previous and contemporaneous agreements,
commitments and writings with respect to this
subject matter. You agree that if any
provision of this Disclaimer is held to be
invalid or unenforceable, such provision
shall be struck and the remaining provisions
shall be enforced. |