Dwyer Instruments, Inc.

Website Terms of Use

 

Last Updated: January 22, 2013

Dwyer Instruments, Inc. ("Dwyer") is a leading manufacturer in the controls and instrumentation industry. The following Terms of Use outline your obligations when using the Dwyer website.

1.       ACCEPTANCE OF TERMS

The Dwyer Internet site available at www.dwyer-inst.com, and all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites (collectively, the "Site") owned and operated by Dwyer can only be accessed and used by you under the Terms of Use described below ("Terms of Use").

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS OR USE THE SITE.

2.       MODIFICATIONS OF TERMS OF USE

Dwyer may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Site, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Site to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Site and to provide Dwyer notice to remove you from any distribution lists or other communication list that are available to you through your use of the Site. YOUR CONTINUED USE OF THE SITE AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3.       USE OF THE SITE

Subject to full compliance with these Terms of Use, Dwyer grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Site for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Site or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of Dwyer. Dwyer may modify, update, suspend or discontinue the Site, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. Dwyer shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.

4.       USER CONDUCT

As a condition of your access and use of the Site and your submission or access to any information, data, text, photographs, audio clips, audiovisual works, or other materials on the Site (collectively, the "Content"), you agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Dwyer. By way of example, and not as a limitation, you agree not to:

  1. intentionally or unintentionally violate these Terms of Use, other applicable agreement with Dwyer, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use the Site or its Content in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use the Site or its Content for any purposes not authorized by this Terms of Use;
  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Site for any non-personal purpose, without the express written consent of Dwyer, which consent may be withheld by Dwyer in our sole discretion;
  5. knowingly provide or submit false or misleading information;
  6. use the Site if you are under the age of eighteen (18);
  7. use the Site or its Content in any way that could interfere with the rights of Dwyer or the rights of other users of the Site;
  8. attempt to gain unauthorized access to any portion or feature of the Site, other user accounts or any other systems or networks connected to the Site or to any server used by Dwyer by hacking, password "mining" or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Site user;
  9. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  10. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Site;
  11. access, download, monitor, or copy any information contained on our Site through artificial means (including but not limited to use any "deep-link", "scraper", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process), or in any way reproduce or circumvent the navigational structure or presentation of the Site or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Site; or
  12. probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on or of the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of the Site, or any other customer of Dwyer, including any Dwyer account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by Dwyer and provided for by the Site.

5.       PRIVACY POLICY

The Dwyer Privacy Policy is available at https://www.dwyer-inst.com/privacy_policy.cfm and is hereby incorporated by this reference.

6.       REGISTRATION INFORMATION

We may require that you create an account to use or access certain parts of the Site and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites, you agree to (a) provide Dwyer with true, accurate, current and complete information as prompted by the Dwyer's registration forms, when registering for or using the Site and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. Creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.

7.       Termination of Access

Dwyer may terminate your privilege to use or access the Site immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Site and agree not access or make use of, or attempt to use, the Site. Furthermore, you acknowledge that Dwyer reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that Dwyer may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Dwyer.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Site, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

8.       TRADEMARKS AND COPYRIGHTS

You should assume that all trademarks, service marks and other Site graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of Dwyer in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. More information about Dwyer's trademarks is available at https://www.dwyer-inst.com/PDF_files/TrademarkAcknowledgements.pdf.

You should assume all Content and material made available on the Site is protect by U.S. and international copyright laws.

9.       Notice and Procedure for Making Claims of INTELLECTUAL PROPERTY Infringement

Dwyer respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the requirements of the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Site who are repeat infringers.

Notifying Dwyer of Copyright or Trademark Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of "Site: DMCA Notification Dept." at compliance@dwyer-inst.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity infringes your rights. We will need the following information from you:

1.       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2.       a description of the copyrighted work, trademark, or other intellectual property that you claim has been infringed;

3.       a detailed description of the complained-of material and where the material that you claim is infringing is located or found on the Site;

4.       your address, telephone number, and email address;

5.       a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

6.       a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Providing Dwyer with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at compliance@dwyer-inst.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

10.    DELAYS AND ACCESSIBILITY

The Site may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Dwyer is not responsible for any delays, failures or other damage resulting from such problems.

11.    Warranties and Disclaimers.

You acknowledge that Dwyer has no control over, and no duty to take any action regarding: which users gain access to or use the Site; what effects the content on or in connection with the Site may have on you; how you may interpret or use the content on or in connection with the Site; or what actions you may take as a result of having been exposed to the content on or in connection with the Site. You release Dwyer from all liability for you having acquired or not acquired content or information through the Site. The Site may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Dwyer makes no representations concerning any content contained in or accessed through the Site, and Dwyer will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. Dwyer makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITE AT YOUR OWN RISK. THE SITE ARE PROVIDED ON AN "AS IS", AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER DWYER NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF DWYER, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITE. IN NO EVENT WILL DWYER OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL DWYER OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DWYER OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, DWYER DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DWYER'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

DWYER SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND DWYER HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

The Site may display links to other Internet sites or resources. Because Dwyer has no control over such sites and resources, you acknowledge and agree that Dwyer is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Dwyer shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

12.    Indemnity

You agree to indemnify, defend and hold harmless Dwyer, its officers, managers, owners, employees, agents, designees, users, successors, assigns, distributors, suppliers, and retailers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Dwyer or that you submit, transmit or otherwise make available through the Site; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Dwyer will have sole control of the defense of any such damage or claim.

13.    LImitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DWYER, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DWYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITE; (F) ANY OTHER MATTER RELATING TO THE SITE; OR (G) ANY BREACH OF THESE TERMS OF USE BY DWYER OR THE FAILURE OF DWYER TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE. TO THE EXTENT DWYER, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

14.    ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to this Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Dwyer. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Dwyer regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties. You represent and warrant that those third party agreements do not interfere with your obligations and duties to Dwyer under these Terms of Use.

15.    GOVERNING LAW

These Terms of Use and the relationship between you and Dwyer will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indianapolis, Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that Dwyer may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Site or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

Dwyer makes no representation that the Site or its Content are appropriate or available for use outside the United States. Access or use of the Site and its Content from jurisdictions where illegal is prohibited. Those who choose to access the Site do so of their own initiative and are responsible for compliance with applicable laws of their jurisdictions.

16.    MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with Dwyer, Dwyer may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Dwyer's remedies are cumulative and not exclusive. Failure of Dwyer to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sub licensable by you except with Dwyer's prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent. Users of this Site are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and Dwyer as a result of these Terms of Use or use of the Site. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of these Terms of Use.

17.    Contacting Us

If you have any comments or questions regarding these Terms, or wish to report any violation of these Terms of Use, please contact us at compliance@dwyermail.com.