- Acceptance of Terms — The following contains the terms and conditions of a legal agreement (these “Terms”) between you and Extrel CMS, LLC (“Extrel”), which govern your access to and use of www.extrel.com and all linked pages (the “Website”). BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH ANY PART OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE. You also agree to be bound by and comply with all applicable laws and regulations, including without limitation, all U.S. export laws and regulations. Extrel may change, modify, or replace these Terms in its sole discretion, at any time, without notice to you. You are responsible for reviewing any modifications. Please check these Terms each time you access this Website. Continued use of any part of the Website constitutes your acceptance to such changes.
- Copyright Notice — © 2009 Extrel CMS, LLC. All rights reserved. The material and content accessible from the Website, including all text, images, information, descriptions, coding, software, and graphics, along with the design compilation of such (collectively, the “Content”) are the property of Extrel or its suppliers and are protected by U.S. and international laws, including but not limited to copyright laws and treaty provision, trademark laws, patent laws, and other proprietary rights laws. Neither title nor intellectual property rights are transferred to you by your access to the Website. Nothing within these Terms or the Website shall be construed as conferring any of Extrel’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver or otherwise.
- Trademarks — Extrel, MAX300-LG, MAX300-IG, MAX300-IGX, MAX-LT,
MAX60, MAX120, Merlin Automation, SmartStart, VacTRAC, and other Extrel
graphics, logos, designs, and names are trademarks of Extrel. These trademarks
may not be used without prior permission of Extrel. All other trademarks not
owned by Extrel which appear on this Website are the property of their
respective owners and are either registered trademarks or trademarks in the
United States and/or other countries.
Questor is a registered trademark of ABB Process Analytics, Inc.
Internet Explorer, Microsoft and Windows are registered trademarks of Microsoft Corporation.
Inquiries concerning use of Extrel trademarks, service marks, trade names, logos, icons, copyrights or other intellectual property should be addressed to: Extrel CMS, LLC, Legal Department, 575 Epsilon Drive, Pittsburgh, PA 15238, United States.
- Use — You are authorized to use the Content for your personal, non-commercial use only. You may view, download and print copies of the Content for such use as long as you do not make any changes to it and do not remove any notices. You may not modify, publish, appropriate, republish, sell, or create derivative works from the Content without Extrel’s prior written permission. In connection with any approved use of the Content, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Other than as set forth herein, no express or implied rights to or license in the Content are granted to you.
- Privacy — Other than personally identifiable information, you agree that any communication you send us may be treated by Extrel as non-confidential and used by Extrel for any purpose in its sole discretion. You should not send any comments that you want to keep confidential or that you do not want Extrel to use. Extrel will strive to keep your personally identifiable information confidential. Personally identifiable information includes information such as your name, mailing address, email address or phone number. We will only collect, store, and use any personally identifiable information you provide to us.
- Normal Website Usage — During general use of Website, Extrel does not collect or store your personally identifiable information. Extrel reserves the right to collect and/or store information during normal website usage, which may include the name of your Internet Service Provider (ISP), the date and time you entered the Website, the amount of time you spend at the Website, the referring website and other related information. We may gather this information to generate statistics and measure site activity in order to improve the Website.
- Why and When We Collect Personally Identifiable Information — Extrel does collect specific personally identifiable information that you provide in order to fulfill your request for additional services or information from Extrel. Your personal information is not given to any other company for that company’s independent use. Extrel may employ third-party companies to perform services or functions on its behalf. These companies may require access to personally identifiable information in order to perform their functions on behalf of Extrel, but may not use it for any other purposes. Visitors to the Website provide personally identifiable information only when using one or more of the following services: contact forms/emails, requests for application notes, product notes or additional information, application fact finders, training school applications, and subscription emails.
- What We Do with Your Information — Extrel uses your information to respond to your requests and provide information about Extrel and its products and services. Extrel will not sell, rent, or lease your personally identifiable information to others. Extrel makes every effort to preserve user privacy, but may need to disclose personally identifiable information if required to do so in compliance with applicable law, a court order, or other legal process. Periodically, Extrel may send electronic newsletters and other communications that contain industry, marketing, product or event information.
- DISCLAIMER — Extrel does not warrant the accuracy or completeness of the Content, materials or services on this Website, nor the display of any color, texture or detail of the actual merchandise to the images on the Website. THIS WEBSITE AND THE CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. EXTREL DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. You understand that Extrel cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. Extrel does not assume any responsibility or risk for your use of the Internet. The Content is not necessarily complete or updated and should not be used to replace any written reports, statements or notices provided by Extrel.
- NO LIABILITY — EXTREL SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR OTHER LEGAL THEORY, INCLUDING CUSTOMER’S USE OF OR INABILITY TO USE THIS WEBSITE, OR DAMAGE TO YOUR COMPUTER OR DATA. IN NO EVENT SHALL EXTREL BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF YOUR USE OF THIS WEBSITE OR THE CONTENT.
- Indemnity — You will indemnify and hold Extrel, its subsidiaries, affiliates, licensors, content providers, employees, agents, members, managers, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of these Terms by you, including any use of the Content other than as expressly authorized in these Terms. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Website.
- Termination or Restriction of Access — Extrel reserves the right, in its sole discretion, to refuse or terminate your access to this Website (or any portion thereof) at any time, without notice.
- Miscellaneous — No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority to bind Extrel in any respect whatsoever. The failure of either party to exercise any of its rights provided herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
- Governing Law — These Terms shall be governed and construed in accordance with the Commonwealth of Pennsylvania, U.S.A. without regard to conflicts of law principles. Any dispute arising between you and Extrel shall be exclusively subject to the jurisdiction of the Pennsylvania state and federal courts in Pennsylvania and you hereby consent to such jurisdiction.