Website Terms of Use

Introduction

PROVERIS SCIENTIFIC CORPORATION (“PROVERIS”) PROVIDES THIS WEBSITE PURSUANT TO THE FOLLOWING WEBSITE TERMS OF USE (“TERMS”). PROVERIS MAY CHANGE THE TERMS FROM TIME TO TIME AT ITS DISCRETION. YOUR USE OF THE WEBSITE CONSTITUTES ACCEPTANCE OF THE TERMS AND ANY CHANGES PROVERIS MAY HAVE MADE TO THEM. THEREFORE, PLEASE REGULARLY READ THE TERMS AND DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THE TERMS. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

Website Use & Restrictions

All content on the Website, such as text, graphics, images, photographs, and downloadable material (“Content”), is the property of Proveris and/or third party licensors and is protected by United States copyright laws. Your use of the Content for any purpose other than as expressly provided in these Terms is prohibited, may violate third party rights, and violates Proveris’s intellectual property rights.
You may view, download, print, and use Content at this Website only for your informational, non-commercial purposes. Any copies of Website pages or documents downloaded from the Website must not alter the original Website Content and must include the following copyright notice: © 2000-2010 Proveris Scientific Corporation. All Rights Reserved.
You acknowledge that you do not acquire any ownership rights by downloading, printing, and/or using copyrighted material. Nothing contained on this Website should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those names identifying Proveris or our products and services displayed on the Website, without Proveris’s express written consent or the express written consent of third parties that may own trademarks, logos, and/or other names displayed on this Website. You must not:
1. Modify the Content at this Website in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose.
2. Use Website Content on any other website or networked computer environment for any purpose.
3. Monitor, gather, or copy any Website Content by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind.
4. Frame or utilize framing techniques to enclose any trademark or other proprietary information, such as images, text, or page layout.
5. Post or transmit to or from this Website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
6. Attempt to circumvent the security systems of the Website.
7. Attempt to gain unauthorized access to materials, computer systems or networks connected to any Proveris server or any server of a Proveris Website third party service provider.
8. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy, or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
9. Attempt to use the Website for any purpose other than its intended purpose as determined at the discretion of Proveris.
10. Engage in any activity that interferes with another user’s access to the Website or with the proper operation of the Website.
11. Impersonate any person or entity, or submit false identifying information.
If you wish to use the Website or any Content for any purpose not expressly authorized by the Terms, you must contact Proveris to seek permission regarding your proposed use. Submit a request to info@proveris.com or call: +508-460-8822. Agreement to any such proposed use is not guaranteed and will be at Proveris’s sole discretion.

User Submissions

Any material, information or other communication you transmit or post to this Website will be considered non-confidential and non-proprietary ("Communications"). Proveris will have no obligations with respect to the Communications. By submitting Communications to Proveris you represent and warrant that you have the full rights and authority to submit the Communications and that none of the Communications are subject to any copyright or other proprietary right of a third party. Proveris will have no obligations with respect to the Communications. You hereby grant Proveris and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, sub-license, and/or to incorporate in other works regardless of form, medium or technology and for any and all commercial or non-commercial purposes, the Communications, and all data, images, sounds, text, and other things embodied therein, submitted by you to this Website.

Links To Other Websites

Proveris may include in its Website links to third party websites. Proveris provides any such link only as a convenience to its Website visitors. Proveris has no control over the contents of these websites, the privacy policies governing use of these websites, or the manner in which any personally identifiable information you may provide through these websites is used. Proveris also does not make any representations regarding the information, products, and/or services that may be offered at these other websites or by the third party entities administering, hosting, or own such websites. If you link to or visit the third party websites, you do so at your own risk.

International Use

Proveris makes no representation that materials at this Website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. If you choose to access this Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. Additionally, information published at this Website may refer to products or services that are not available in your country. Contact Proveris for information regarding the products and services that may be available to you.

Disclaimer

PROVERIS CANNOT GUARANTEE THAT THIS WEBSITE OR THE CONTENT IS FREE OF ERROR. PROVERIS DOES NOT GUARANTEE OR WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT AT THIS WEBSITE. PROVERIS MAY MAKE CHANGES TO THE CONTENT AT THIS WEBSITE, OR TO THE PRODUCTS, SERVICES, AND PRICES DESCRIBED IN WEBSITE, AT ANY TIME WITHOUT NOTICE. THE CONTENT AT THIS WEBSITE MAY BE OUT OF DATE, AND PROVERIS MAKES NO COMMITMENT TO UPDATE THE CONTENT. THE CONTENT AT THIS WEBSITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM THE COURSE OF DEALING OR USAGE OF TRADE. PROVERIS DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

Except as limited by applicable law, IN NO EVENT WILL PROVERIS, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PROVERIS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT OR INFORMATION FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THE LIABILITY LIMITATIONS SET FORTH HEREIN IS AN ESSENTAIL TERM OF THIS AGREEMENT AND THE PARTIES ACKNOWLEDGE THAT PROVERIS WOULD NOT GRANT ACCESS TO THE WEBSITE WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS.

Proveris Products & Services

The sale and/or license of Proveris products and/or services are subject to Proveris’s standard terms and conditions of sale and use, software license, instrument service contract, and/or software support and maintenance agreement, as applicable.

Governing Law

Proveris administers this Website from its offices in Marlborough, MA. You may not use or export or re-export the materials at this Website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. These Terms are governed by and to be construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any conflicts of law principles. Any dispute relating to the Terms shall be resolved solely by arbitration administered by the American Arbitration Association before one arbitrator who is an attorney. Any such arbitration shall be initiated within one year of the cause of action accruing, shall take place in either Suffolk or Middlesex County, Massachusetts, and shall be conducted in the English language.