Terms and conditions of website use (“Terms”)
Last Modified: [5/18/2016]
Oxford Instruments Asylum Research, Inc. (“Oxford Instruments”)
Access to and use of this website ([afmprobes.asylumresearch.com]) (“Website”) is subject to the following Terms, including the choice of law and jurisdiction set out in paragraph 15, and all applicable laws which, by accessing and browsing this Website, you accept without limitation or qualification to the exclusion of any other agreements between you and Oxford Instruments with respect to the subject matter hereof. Section headings are provided for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section.
1. Responsibility for Content: While Oxford Instruments uses reasonable efforts to include accurate and up to date information in this Website, this Website is published "as is" and "as available" without any warranties or representations as to the information, content or materials contained in it. Oxford Instruments assumes no liability or responsibility for any errors or omissions in the content of this Website. You expressly agree that your use of this Website is at your own risk and imposes no obligation or other liability on Oxford Instruments.
2. Online Purchases and Other Terms and Conditions: All purchases through this Website or other transactions for the sale of goods formed through this Website or as a result of visits made by you are governed by our Standard Terms and Conditions of Quotation and Sale [afmprobes.asylumresearch.com/tos], which are hereby incorporated into these Term.
3. Third Party Rights: Oxford Instruments neither warrants nor represents that use of materials nor any content displayed on this Website will not infringe rights of third parties.
4. Exclusions and Limitations of Liability: No liability which may not be excluded or limited by applicable law shall be excluded or limited by these Terms. Use of, browsing in and reliance on any information contained in this Website are at your own risk. Neither Oxford Instruments, any of its subsidiaries or associated companies, nor any other party involved in creating, producing, or delivering this Website shall be liable for any direct, incidental, consequential, indirect, or punitive damages (including without limitation loss of profit, loss of revenue, loss of goodwill, loss of management time, third party liability, business interruption, loss of use of any tangible or intangible asset including data recorded on any computer or other machine, or loss of any anticipated benefit) arising out of your access to, or use of, this Website, save in the case of fraudulent misrepresentation, or death or personal injury caused by the negligence of Oxford Instruments or its staff.
Without limiting the foregoing, everything on this Website is provided without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for particular purpose, or non-infringement.
Oxford Instruments uses reasonable endeavours to protect this Website from viruses but assumes no responsibility, and shall not be liable for, any damage to, or viruses that may infect, your computer equipment or other property, including data, on account of your access to, use of, or browsing in the website or your downloading of any materials, data, text, images, video, or audio from this Website. Oxford Instruments does not warrant that this Website, its servers or any email sent on its behalf are free from viruses or other harmful components. You are recommended to take all appropriate safeguards before downloading information from this website.
Although reasonable endeavours are used to maintain this Website, Oxford Instruments shall not be liable for any losses caused by failure or stoppage of this Website for any reason, including without limitation virus contamination, deliberate damage by hackers, failure of hardware software or systems, power failure, failure of telecommunications lines or any criminal activity of a third party. Oxford Instruments may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on this Website may be out of date at any given time, and Oxford Instruments is under no obligation to update such material.
Oxford Instruments reserves the right to withdraw or amend this Website, and any service or material provided on it, in its sole discretion without notice. Oxford Instruments will not be liable if for any reason all or any part of this Website is unavailable at any time or for any period.
5. Rights in Content and Trade Marks: Oxford Instruments is the proprietor of all logos and trademarks associated with this Website, unless otherwise indicated. Users should assume that copyright in all content of the site is owned by Oxford Instruments unless otherwise stated, and may not be used without the prior written permission of Oxford Instruments or other relevant proprietor.
6. Copying: You may download material displayed on this Website for use in the ordinary and proper course of your business and any such use must be incidental to your normal business or for private or personal purposes provided you maintain the integrity of the material, do not use it in a derogatory or misleading context and retain all copyright and other proprietary notices. You may not, however, without Oxford Instruments' written permission: distribute, modify, transmit, re-use, re-post, or use the content (whether text, images, audio, or video) of this Website for public or other commercial purposes; or transfer any material to more than ten hard copies of such material. supply any material in any form to a third party for commercial purposes, whether for a fee or otherwise, or without informing such third party of the conditions which apply to such material and such party's use of such material. You agree that you will not: use any automatic device, or manual process to monitor or copy this Website or any web pages or the content contained herein without Oxford Instruments' prior written permission; use any device, software or routine to interfere or attempt to interfere with the proper functioning of this Website; take any action that imposes an unreasonable or disproportionately large load on our systems; copy, reproduce, alter, modify, create derivative works, or publicly display any content from this Website without the prior expressed written permission of Oxford Instruments and/or the appropriate third party. All other rights are reserved. Without limiting the foregoing, you may not without Oxford Instruments' express written permission create a link to this Website other than to or via the home page as published on this Website from time to time.
7. Accessing the Website and Account Security: If you choose, or are provided with, a user name, password or any other piece of information as part of Oxford Instruments’ security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify Oxford Instruments immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. It is a condition of your use of this Website that all the information you provide on this Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, is governed by Oxford Instruments’ Privacy Statement and you consent to all actions Oxford Instruments takes with respect to your information consistent with such Privacy Statement.
Oxford Instruments has the right to disable any user name, password or other identifier, whether chosen by you or provided by Oxford Instruments, at any time if, in Oxford Instruments’ opinion, you have violated any provision of these Terms.
8. Data Protection: Any personal data (such as user's name, address, telephone number or e-mail address) transmitted to the website by electronic mail or otherwise, will be used by Oxford Instruments in accordance with the Privacy Statement referenced above. Any other communication or material transmitted to this Website, such as questions, comments or suggestions, will be treated as non-confidential and non-proprietary.
9. Enforcement and Termination: We have the right to terminate or suspend your access to all or part of this Website for any violation of these Terms and take any appropriate legal action for any illegal or unauthorized use of this Website.
10. Use of Images: Images of people or places displayed on this Website are either the property of, or used with permission by, Oxford Instruments. You may not use or permit anyone else to use these images unless specifically permitted by these Terms or unless specific permission is provided elsewhere on this Website.
11. Licence to Use Content: The trade marks and logos (collectively the "trade marks") displayed on this Website are registered and unregistered trade marks of Oxford Instruments or its affiliates and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trade marks displayed on this Website without the written permission of Oxford Instruments or any third party owner of such trade marks. Use of the trade marks, or of any other content on this Website, except as provided in these Terms, is strictly prohibited.
12. Links to Other Sites: Certain hypertext links in this Website may lead to websites that are not under the control of Oxford Instruments. Such links are for the convenience of users only and Oxford Instruments does not endorse any content of any websites linked to this Website and gives no representation or warranty (express or implied) as to the information on such sites. Oxford Instruments is not responsible for the nature or the content or the privacy policies of any off-site pages or any other websites linked to this Website. Linking to this Website, off-site pages or other websites and in particular downloading computer programs from certain websites, may infringe copyright or introduce computer viruses into the user's own system and is at the user's own risk. Your attention is drawn to the prohibition on creating links to this Website other than to or via the home page, in paragraph 6 above.
13. Breach of Terms: You agree to release, indemnify and hold Oxford Instruments and its contractors, affiliates, officers, directors, agents, shareholders and employees harmless from any claim, liability, damage, cost, expense or demand, including reasonable lawyers' fees and expenses, made by any third party relating to or arising out of your breach of these Terms or to any documents they specifically incorporate, or your violation of any law or the rights of a third party.
14. Updates to Terms: Oxford Instruments may at any time revise these Terms by updating this posting. Users are bound by any such revisions and should therefore periodically visit this page to review the then current Terms to which they are bound.
15. Governing Law and Jurisdiction: All matters relating to this Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Massachusetts. Any dispute or claim arising out of, or related to, these Terms or this Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Massachusetts although we retain the right to bring any proceedings against you in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
16. Waiver and Severability: If any provision of this Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, that invalidity or unenforceability will not affect the other provisions of these Terms which will remain in full force and effect.
No waiver by Oxford Instruments of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Oxford Instruments to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
This Website is operated by Oxford Instruments Asylum Research, Inc. Any feedback, comments, requests for technical support and other communications relating to this Website should be directed to: AFMprobes@oxinst.com.
Thank you for visiting this Website.