Industrial Scientific Corporation Web Site – Terms and Conditions of Use

General Conditions of Use – Effective Date - December 12, 2010

Access to, and use of, this Web site are subject to the terms and conditions set forth below. Please do not use this Web site unless you agree to abide and be bound by these conditions. This Web site is owned, operated and administered by Industrial Scientific Corporation (referred to herein as ISC). We reserve the right to discontinue or to make partial or complete modifications to this Web site or to the Terms and Conditions of Use ("Terms of Use") and/or Privacy Policy. Please note that we may make such changes at our own discretion and without prior announcement. We must therefore ask you, next time you visit this Web site, to view the conditions again and to note any changes or amendments that may have been made.   Continued use of the Web site after a change or amendment will constitute your agreement to such changes or amendments

Ownership

Certain stock images used on this Web site are licensed from third parties.  Unless otherwise expressly noted, all other details, documents and illustrations published on this Web site are the sole property of ISC.  © Copyright 2010, Industrial Scientific Corporation, All Rights Reserved.  Any permission to use the same is granted on the proviso that the relevant copyright note is displayed on all copies, that such details are only used for personal purposes, that they are not exploited commercially, that the details are not modified in any way and that all illustrations gained from the Web site are only used in conjunction with the accompanying text.   Except as may be expressly permitted by ISC in writing, you may not frame or otherwise obscure the source of any information obtained from this Web site.

Trademarks

Graphics, logos, page headers, button icons, stylized marks, and service names are trademarks or trade dress of ISC, its affiliates, or their respective owners.  All product names marked in some way on this Web site are trademarks of ISC, or its affiliates, or their respective owners, who may or may not be affiliated with, connected to, or sponsored by ISC, or its affiliates.  Any unauthorized use or abuse of these trademarks or other materials is expressly prohibited and constitutes a violation of copyright, trademark law or other intellectual property rights.  Unauthorized use shall include without limitation, use in connection with any product or service that is not related to ISC and/or its affiliates, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ISC, its affiliates, or the owner of the mark. 

Limited liability

The conditions of your use and application of technical assistance and information (whether verbal, written or by way of product evaluations) including without limitation responses to questions posted to our Web site andor answers to frequently asked questions posted on our Web site, are beyond our control.  Therefore, it is imperative that you test our products, technical assistance and information to determine to your own satisfaction whether they are suitable for your intended uses and applications.  This application-specific analysis at least must include testing to determine suitability from a technical as well as health, safety and environmental standpoint.  Such testing has not necessarily been done by ISC.  ALL INFORMATION IS GIVEN WITHOUT WARRANTY OR GUARANTEE.  It is expressly understood and agreed that the customer assumes and hereby expressly releases ISC and its affiliates from all liability, in tort, contract or otherwise, incurred in connection with the use of our products, technical assistance and information.  Any statement or recommendation not contained herein is unauthorized and shall not bind ISC or its affiliates.  ISC will endeavor to provide accurate and up-to-date information on the Web site through periodic updates.  However, there may be time lags, errors, or delays in periodic updates which may result in inaccuracies, including typographical errors, in the information and services available on this Web site and neither ISC nor any of its affiliates will be responsible or liable for any such inaccuracies or errors, or any user’s use or reliance upon any inaccurate or erroneous information published on our Web site for any, or no, reasons.  ISC reserves the right to amend or supplement the Web site at any time and without prior notice. ISC will not be liable for problems arising out of the interaction between this Web site and the local hardware and/or software you use to access the Web site. ALL INFORMATION AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED 'AS IS', ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL ISC OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, ANY INFORMATION OBTAINED FROM OR MADE AVAILABLE  ON THIS WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, EVEN IF ISC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ISC makes no warranties, express or implied, that the use of this Web site does not infringe any patent, trademark, copyright or other intellectual property right of any third party.

Web sites of third-party vendors/links

This Web site contains links/references to third- party Web sites. By providing such links, ISC does not give its approval to their contents. Neither does ISC accept any responsibility for the availability or the contents of such Web sites or any liability for damage or injury resulting from the use of such contents, of whatever form. Links to other Web sites are provided to Web site users merely for the sake of convenience. Users access such Web sites at their own risk.

Details supplied by yourself; Posted Materials

The user of this Web site is fully responsible for the content and correctness of details he or she sends to ISC (as more fully defined below, "Posted Materials") . Personally identifiable information (such as your name, contact information, etc.) provided by you to ISC via the Web site will be subject to ISC’s Privacy Policy.  EXCEPT FOR SUCH PERSONAL INFORMATION, ALL INFORMATION YOU TRANSMIT TO THE WEB SITE INCLUDING ANY DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY.  In particular, ISC is entitled to use the contents of such data and information sent to ISC via the Web site, e-mail or otherwise , including without limitation Posted Materials, ideas, inventions, suggestions, comments, questions, improvements, fixes, processes, blueprints, techniques and expertise contained therein, for any purpose, such as the development, production and/or marketing of products or services and to reproduce such information and make it available to third parties without compensation to you, any limitations and without incurring any other obligation whatsoever to you, and by sending such information you waive all your rights thereto.

 You acknowledge and agree that Posted Materials sent to or by means of any portion of the Web site are public. You acknowledge that (a) you have no expectation of privacy in Posted Materials and (b) no confidential, fiduciary, contractually implied or other relationship is created between you and ISC by reason of your transmitting Posted Material to any area of the Web site.  As used in these Terms of Use, " Posted Material" means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, video, music, sound, multimedia or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Web site.
  You agree that none of your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or impliedly, to keep confidential including without limitation information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, harmful, threatening, harassing, tortuous, vulgar, libelous, hateful, or racially, ethnically or otherwise unlawful or encourages behavior that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality; or (viii) intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law. Additionally, even if such content is legal, you agree that none of your Posted Material will contain information or content that: (A) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (B) constitutes, contains, or encourages "make-money fast" type messages, "chain letters" or "pyramid schemes" of any type; (C) contains false or misleading information; (D) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (E) with respect to chat rooms, blog comments, discussion boards or other mechanism for exchange of dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed.

ISC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Web site for any reason whatsoever. You acknowledge that ISC may or may not pre-screen Posted Material, but that ISC shall at all times have the right (but not the obligation) in its sole discretion to pre-screen, refuse, edit, move or remove any Posted Material submitted via the Web site.  ISC reserves the right to expel you from or suspend your access to any or all parts of the Web site for violating the law or these Terms of Use. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Web site and you acknowledge that ISC does not have any obligation to, and may not be, monitoring the Web site and you are not relying upon ISC to monitor the Web site. ISC takes violations of its customers' rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.

License to Your Postings to the Site; Indemnity.

 Without limiting the foregoing, by posting any notes, message/billboard postings, ideas, suggestions, concepts, multimedia files or other material to the Web site, or e-mailing them to us, you automatically grant to ISC a world-wide, royalty-free, sublicenseable, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, publicly perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you or any third parties, whether by way of compensation, attribution or otherwise. ISC does not control the Posted Material and thus cannot and does not guarantee the accuracy, integrity or quality of such Posted Material.  You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to Posted Material, and that there are no other agreements with any third party in conflict herewith; and (c) ISC's exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called "Moral Rights" or similar rights under any jurisdiction, now or hereafter recognized with respect to ISC's (or its assignee’s) exercise of its rights hereunder. Moreover, you agree to indemnify and hold ISC harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against ISC, arising out of or relating to ISC’s exercise of such rights to Posted Material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms of Use.  This defense and indemnification obligation shall survive this Agreement and your use of the Web site. 

International users

This Web site is checked, operated and updated by ISC from its offices in Oakdale, Pennsylvania, United States of America. The Web site is not necessarily intended for use in any specific country or region.  There are French, Spanish, German and Chinese language versions of this Web site available as well, however all such translations are generally for the convenience and reference of foreign language speakers wherever they may reside and should not be interpreted as targeting the citizens or residents of any particular country where such languages may be spoken.  ISC gives no guarantee that the details presented on this Web site are also correct in every location and, in particular, that products and services will be available with the same appearance, in the same sizes or on the same conditions. Please note that it is your own responsibility to ensure that you act in compliance with local legislation applicable in your own jurisdiction.

Products mentioned on this Web site may come in different packaging, in different package sizes, or with different lettering or markings, depending on the country.

Access rights

Please note that you are obliged to protect your access rights from unauthorized third-party use and that you must ensure that they cannot be used by others without your authorization.

You must notify ISC immediately if you learn that security has been violated in respect of any details available on the ISC Web site or if unauthorized persons have obtained your access rights or if you have found indications that such access might become possible.

Applicable law

You agree with ISC that these Terms and Conditions shall be considered a contract governed by the law of the Commonwealth of Pennsylvania, United States of America, without regards for conflicts of law or the United Nations Convention on Contracts for the International Sale of Goods. Any disputes regarding these Terms and Conditions shall be heard by the state and federal courts located in such jurisdiction, and each party consents to the exclusive jurisdiction of such courts.  The content found on this Web site is controlled and published on this Web site by ISC from its offices in Oakdale, Pennsylvania, United States of America.

Other Beneficiaries

The rights and protections afforded to ISC hereunder shall also inure to the benefit of its subsidiaries and affiliates. 

 
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