Pacific
Transducer Corp. DBA PTC® Instruments and PTC Metrology™ hereby referred to as
PTC®. This page states the Terms and Conditions under which you may access and
view www.ptc1.com (the "Website"). Please read this page carefully.
If you do not accept these Terms and Conditions, do not access this Website. By
accessing this Website, you are indicating your acceptance to be bound by these
Terms and Conditions. PTC® may revise these Terms and Conditions at any time by
posting an update to this page. You should visit this page periodically, as
your continued access to the Website following the posting of changes to these
Terms and Conditions will mean you accept such changes. The terms
"you" and "user" as used herein refer to all individuals
and/or entities accessing the Website for any reason.
Products
described in the Website may or may not be available in all countries or
regions of the world, may be available under different trademarks in different
countries and, where applicable, may be approved or cleared by a government
regulatory body for sale or use with different indications and restrictions in
different countries. The contents of this Website, such as text, graphics,
images and other material ("Material"), are owned by PTC® and its
licensors and vendors and are protected by United States and foreign
intellectual property laws. Unauthorized use of the Material may violate
copyright, trademark and other laws. PTC® authorizes you to view and download a
single copy of the material on the Website solely for your personal use,
provided you retain all copyright and other proprietary notices contained in
the original Material on any copy you make of the Material. The Materials may
be used for your non-commercial informational purposes only. You may not sell
or modify the Material or reproduce, display, publicly perform, distribute, or
otherwise use the Material in any way for any public or commercial purpose. The
use of the Material on any other Website or in a networked computer environment
for any purpose is prohibited. You may not copy or adapt the HTML or other code
that PTC® uses to generate its pages. This code is also protected by PTC® copyright.
General
Rules:
You may not use the Website in order to transmit, distribute, store or destroy
material (a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other personal
rights of others, or (c) that is defamatory, obscene, threatening, abusive or
hateful.
Security
Rules:
You are prohibited from violating or attempting to violate the security of the
Website and from using the Website to violate the security of other Websites by
any method, including, without limitation, (a) accessing data not intended for
you or logging into a server or account which you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measurers without proper authorization;
(c) attempting to interfere with service to any user of the Website, host or
network, including, without limitation, via means of submitting a virus to the
Website, overloading, "flooding", "spamming",
"mailbombing" or "crashing"; (d) sending unsolicited
e-mail, including promotions and/or advertising of products or services; or (e)
forging any PTC® packet header or any
part of the header information in any e-mail, instant message, text message or
newsgroup posting. Violations of system or network security may result in civil
or criminal liability. PTC® may investigate violations of these Terms and
Conditions and may involve and cooperate with law enforcement authorities in
prosecuting users of the Website who are involved in such violations.
Specific
Prohibited Uses: PTC® specifically prohibits any use of the Website, and
you agree not to use the Website, for any of the following:
- distributing
or otherwise publishing, without PTC® approval, any material containing
any solicitation of funds, promotion, advertising, or solicitation for
goods or services;
- soliciting
other users of the Website to join or become members of any commercial
online service; or
- deleting
or revising any material posted by any other person or entity.
4. PTC® Liability
PTC®
DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE
AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR
USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR
REPLACING EQUIPMENT, SOFTWARE OR DATA, PTC® IS NOT RESPONSIBLE FOR THOSE COSTS.
THE
WEBSITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. PTC® TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS
ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. PTC®
MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR
TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
5. Disclaimer of
Consequential Damages
IN
NO EVENT WILL PTC®, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE
WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL, RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR
INABILITY TO USE THE WEBSITE OR THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PTC® IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
6. Links to Other Sites;
External Links to the Website
The
Website may contain links to third party Websites. These links are provided
solely as a convenience to you and not as an endorsement by PTC® of the
contents on such third-party Websites. PTC® is not responsible for the content
of linked third-party sites and does not make any representations regarding the
content or accuracy of materials on such third-party sites. If you decide to
access linked third-party sites, you do so at your own risk. PTC® cannot ensure
that you will be satisfied with any products or services that you purchase from
a third-party site that links to or from the Website, since these sites are
owned and operated by independent retailers. PTC® does not endorse any of the
merchandise, nor has PTC® taken any steps to confirm the accuracy or
reliability of any of the information contained in such third-party sites. PTC®
does not make any representations or warranties as to the security of any
information (including, without limitation, credit card and other personal
information) you might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites. PTC® strongly
encourages you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or off-line transaction with any of these
third parties. All links to the Website must be approved in writing by PTC® ,
except that PTC® consents to links in
which: (i) the link is a text-only link containing only the name " PTC® ";
(ii) the link "points" only to www.ptc1.com and not to deeper pages;
(iii) the link, when activated by a user, displays the Websites homepage in a
full-screen and in a fully operable and navigable browser window and not within
a "frame" on the linked website; and (iv) the appearance, position,
and other aspects of the link may neither create the false appearance that an
entity or its activities or products are associated with or sponsored by PTC® nor
be such as to damage or dilute the goodwill associated with the name and trademarks
of PTC® or its affiliates. PTC® reserves the right to revoke this consent to
link at any time in its sole discretion, without notice.
The
aggregate liability of PTC® to you for all claims arising from the use of the Website
and Materials is limited to $100.
Upon
any breach, or suspected breach, by you of these Terms and Conditions, PTC® reserves the right, at its sole discretion and
without notice, to immediately terminate your ability to access the Website
and/or any other service provided to you by PTC®; to investigate and to involve
and cooperate with law enforcement authorities and to pursue a civil action or
criminal prosecution for any alleged or actual illegal activities involving
this Website.
You
agree to indemnify and hold harmless PTC®, its officers, directors, employees,
shareholders and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Material or your breach of the terms of these
Terms and Conditions. PTC® will provide
notice to you promptly of any such claim, suit, or proceeding and you will be
liable for the costs incurred by PTC® in defending against any such claim, suit
or proceeding.