Terms of Use

This Website is run by Yokogawa Fluid Imaging Technologies, Inc. (hereinafter referred to as "Yokogawa") or its proxy. By using this Website, you are agreeing to these Terms of Use. Use the Website only if you agree with the Terms of Use.

Acknowledgement

These are the Terms and Conditions governing the use of this site, and the agreement that operates between you and Yokogawa. These Terms and Conditions set out the rights and obligations of all users, visitors, and others regarding access to and use of the Website.

By accessing or using the Website in any way, you shall be deemed to have accepted and to be bound by all the Terms and Conditions unconditionally. You must not use the Website if you do not agree to the Terms and Conditions.

Your access to and use of the Website is also conditioned upon your acceptance of and compliance with the Privacy Policy of Yokogawa. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you use the Website and informs you and your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using the Website.

1. Intellectual Property Generally

The Website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the Website are copyrighted under the United States copyright laws and international treaties ("Information"). You are not granted any rights in or to this Website or any Information, other than the limited right described in these terms and conditions and any policies and procedures that Yokogawa may adopt and make available on this Website from time to time, including the Privacy Policy referenced below.

2. Copyright Notice

Yokogawa prohibits the use (including without limitation, duplicating, altering, modifying, posting, transcribing, transmitting, selling, publishing, and reciting) of such Information, without prior permission in writing from Yokogawa, except when use of the Website is for private, non-profit purposes or is authorized by law. For cases of using the Website beyond the scope of copyright described above, contact us.

3. Registered Trademarks

All the brands or names of Yokogawa's products used in this Website are either trademarks or registered trademarks of Yokogawa, its parent, or affiliated companies. All other Yokogawa and product names mentioned in this Website are trade names, trademarks, or registered trademarks of their respective companies.

4. Website Links

Some parts of this Website contain links to third-party Websites (hereinafter referred to as "linked Websites"), and some third-party Websites contain links to this Website. The contents of such linked Websites are managed by their respective third parties under their responsibility, and should not be construed as being run by Yokogawa. Thus, the contents of each linked Website should be used in compliance with the terms of use stated therein. Yokogawa shall not be held liable for the contents of any such linked Website, nor any sort of damage incidental to the use of any such linked Website. Furthermore, any link to this Website should not be construed as a suggestion, recommendation or encouragement by Yokogawa of the use of that linked Website, or as an endorsement of the products, services or Company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between Yokogawa and the party running the linked Website. Parties running linked Websites are solely responsible for all content that they develop for their Websites.

5. User Accounts

Certain areas of the Website are password protected ("Portal Areas"). You agree not to enter or attempt to enter such areas unless authorized by Yokogawa. These Portal Areas may have additional terms and conditions governing their use and you agree to be bound by such terms and conditions when you use the Portal Areas. In the event of a conflict, the terms and conditions on the Portal Areas will supersede these terms with respect to Information in the Portal Areas.

6. Use of Software

If you download or use software from the Website ("Software"), use of the Software is subject to the license terms in the software license agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the software license agreement. The Software is made available for download solely for use by end users according to the software license agreement. Any reproduction or redistribution of the Software not in accordance with the software license agreement is expressly prohibited by law and may result in several civil and criminal penalties. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT.

7. Access Rights

Yokogawa grants you a limited, revocable license to access and make personal use of the Website in order to obtain information about and/or to purchase Yokogawa's products or services. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without express written consent of Yokogawa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yokogawa without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Yokogawa's name or trademarks without our express written consent. Any unauthorized use of the Website terminates the permission and license granted by Yokogawa. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on Yokogawa's infrastructure.

8. Your Obligations

You agree (i) to comply with all applicable laws and regulations regarding your use of this Website and the Information, (ii) not to retransmit, publicly display, sell or use the Information provided other than solely for your internal business purposes, (iii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, (iv) not to post or transmit through the Website any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, (v) not to post or transmit through the Website any material which contains advertising or any solicitation with respect to products or services without Yokogawa's express prior approval, and (vi) not to use the Website to advertise or perform any commercial solicitation. Any conduct by you that in Yokogawa's discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree not to use this Website unless you are over age 13.

9. Disclaimer, Limit on Liability, Indemnity

USE OF THIS WEBSITE OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS WEBSITE AND THE INFORMATION ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." YOKOGAWA HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND THE INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, UNINTERRUPTED USE, TITLE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.

YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS WEBSITE. YOKOGAWA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THE INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE THROUGH LINKED WEBSITES. YOKOGAWA MAKES NO REPRESENTATION OR WARRANTY THAT USING THIS WEBSITE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. YOKOGAWA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. LINKING TO OTHER WEBSITES FROM THIS WEBSITE IS AT YOUR OWN RISK.

YOU HEREBY IRREVOCABLY RELEASE YOKOGAWA FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THIS WEBSITE OR THE INFORMATION. UNDER NO CIRCUMSTANCES WILL YOKOGAWA BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION), ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION.

You agree to defend, indemnify and hold Yokogawa harmless from and against any damage, loss, liability or expense (including reasonable attorney's fee) that Yokogawa may suffer or incur as a result of any claim attributable to or based upon your use of this Website or any of the Information. If for any reason you are not satisfied with this Website or the Information, your sole remedy is to cease using this Website or the Information.

Nothing in these terms and conditions will be construed to make Yokogawa or its business associates, customers or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have, or represent itself to have, any authority to bind another to any obligation.

10. Injunctive Relief

In the event you breach or threaten breach of this Agreement, you acknowledge and agree that Yokogawa will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Yokogawa may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Yokogawa will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Yokogawa's rights to relief either in law or at equity.

11. Severability; Governing Law

If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. Yokogawa controls and operates this Website from our offices in Scarborough, Maine. These terms and conditions, and your use of the Website, will be governed by and interpreted in accordance with the laws of the State of Maine, USA, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in the Northern District of Maine. You hereby consent to the personal jurisdiction of the State of Maine, acknowledge that venue is proper in any state or Federal court in the State of Maine, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. These terms and conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this Website and the Information and supersedes all other agreements with respect to the subject matter hereof.

12. Privacy Policy

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Yokogawa’s Privacy Policy is incorporated into these Terms of Use by this reference.

13. For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

14. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

15. Changes to These Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

16. Contact Us

If you have any questions about these Terms and Conditions, you can contact us by visiting this page on our website: http://www.fluidimaging.com/company/contact