website-terms-use

Website Terms of Use

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Attention: please read these website terms of use ("Terms") carefully before using this website. Each time you access and use this website and any materials on this website, you agree to these terms, which Berkeley Nucleonics Corporation may revise at any time. If you do not agree to these terms, do not use this website and do not download any materials.

 

Use of Site. Berkeley Nucleonics Corporation ("Berkeley Nucleonics Corporation") authorizes you to view and download the materials at this website ("Site") solely for non-commercial use within your organization to acquire, use, and support Berkeley Nucleonics Corporation products and services, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are the intellectual property and copyrighted works of Berkeley Nucleonics Corporation or a third party provider and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. Berkeley Nucleonics Corporation does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights. All rights, title and interest not expressly granted with respect to the Site and materials are reserved. If you breach these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.

Use of Software. If you download software from this Site, use of the software is subject to license terms applicable to the software. You may not download or install the software until you have read and accepted the applicable license terms.

User Submissions. Any information, material or communication you transmit to or through this Site shall not be held in confidence by Berkeley Nucleonics Corporation ("Communications"). By transmitting Communications, you grant Berkeley Nucleonics Corporation an unrestricted, perpetual and irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those Communications for any and all commercial or non-commercial purposes. You also agree that Berkeley Nucleonics Corporation is free to use any ideas, concepts, know-how, or techniques that you transmit for any purpose. You are prohibited from transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law or any third party's intellectual property rights. Berkeley Nucleonics Corporation may, but has no obligation to remove Communications that include any material it deems in its sole discretion to be abusive, defamatory, obscene, offensive, threatening, libelous, pornographic or otherwise unacceptable or that violates any third party’s intellectual property rights or these Terms. Berkeley Nucleonics Corporation, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. To the extent permitted by law, you agree to indemnify and hold Berkeley Nucleonics Corporation and its affiliates and each of their respective shareholders, directors, officers and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Communications you transmit or otherwise make available through this Site, your use of this Site or violation of these Terms.

Privacy. Berkeley Nucleonics Corporation’s  Privacy applies to your use of this Site and is incorporated into these Terms by reference. Personally identifiable information that you submit to Berkeley Nucleonics Corporation will be handled in accordance with our Privacy Statement.

Links to Other Websites. Links to third party websites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. Berkeley Nucleonics Corporation has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Berkeley Nucleonics Corporation does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

Linking to This Site. You may link to this Site provided you comply with all applicable laws and the linking website does not (1) replicate Berkeley Nucleonics Corporation content; (2) create a browser or border environment around Berkeley Nucleonics Corporation content; (3) imply that Berkeley Nucleonics Corporation is endorsing it or its products; (4) misrepresent its relationship with Berkeley Nucleonics Corporation; (5) present false information about Berkeley Nucleonics Corporation products or services; (6) use the Berkeley Nucleonics Corporation logo without permission from Berkeley Nucleonics Corporation; and (7) contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age groups.

Warranty Disclaimer. To the extent allowed by applicable mandatory law, the materials provided at this site are provided "As is" without warranties or conditions of any kind, whether oral or written, express or implied. Berkeley Nucleonics Corporation, on behalf of itself, its subsidiaries, affiliates, and suppliers specifically disclaims any implied warranties or conditions of merchantability, satisfactory quality, non-infringement, and fitness for a particular purpose. Some jurisdictions do not allow exclusions of implied warranties or conditions, so the above exclusion may not apply to you. You may have other rights that vary according to applicable mandatory law. All units ordered with custom options and/or expedited delivery are noncancellable.

Additional Disclaimers. Berkeley Nucleonics Corporation does not warrant the accuracy and completeness of the materials at this Site. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this Site. Berkeley Nucleonics Corporation may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and Berkeley Nucleonics Corporation makes no commitment to update the materials at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local Berkeley Nucleonics Corporation business contact for information regarding the products, programs, and services that may be available to you.

Limitation of Liability. In no event will Berkeley Nucleonics Corporation, its suppliers, or other third parties referenced at this site be liable for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever (including, without limitation, those resulting from lost profits or revenues, loss or damage to data or business interruption) arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Some jurisdictions do not allow the exclusion or limitation of liability for damages, so the above limitation may not apply to you.

Copyright Policy/DMCA. You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Berkeley Nucleonics Corporation may terminate an account, deny access to this Site or a service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.

Pursuant to Title 17 of the United States Code, Section 512, Berkeley Nucleonics Corporation has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. If you believe your copyright or other intellectual property right is being infringed by a user of a Berkeley Nucleonics Corporation website, please send a notification of the claimed infringement  to the following contact: Company President, 2955 Kerner Blvd, San Rafael CA 94901 - Ph: 415-453-9955, Fax: 415-453-9956

Your notification must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow Berkeley Nucleonics Corporation to locate that material; (d) contain adequate information by which Berkeley Nucleonics Corporation can contact you (including postal address, telephone number, and email address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law; (f) contain a statement that the information in the email is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.

U.S. Government Rights. Any software or technical data which is downloaded from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government") is subject to the following provisions. Software and technical data rights granted to the U.S. Government include only those rights customarily provided to the general public as defined in any applicable license agreement and standard technical documentation. This customary commercial license is provided in accordance with Federal Acquisition Regulation 12.211 (Technical Data) and 12.212 (Computer Software) and, for Department of Defense purchases, Department of Defense FAR Supplement 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation) and 252.227-7015 (Technical Data – Commercial Items).

Applicable Laws. Your access to this Site is governed by all applicable national/federal, state and local laws. You may not use or export or re-export the materials at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable national and local laws. These Terms will be governed by and construed in accordance with the laws of the United States and the State of California, without giving effect to any conflict of laws provisions.

General. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. In the event of any conflict, such additional or different terms, conditions, and notices will prevail over these Terms.