This Terms of Use Agreement (“Agreement”) is a legally binding agreement between moyerinstruments.com and you, the member (“Member”), regarding your use of the moyerinstruments.com Website and any services, features, contents or applications offered at the moyerinstruments.com domain (the “Website”).
By using the Website, you agree to be bound by the terms of this Agreement. moyerinstruments.com may change, modify, add, or delete portions of this Agreement from time to time and such changes shall be effective upon posting on the Website. Your continued use of the Website after such changes constitutes your acceptance of the new Agreement.
The term “User” refers to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately. If you wish to become a Member, communicate with other Members and make use of the Services, you must read this Agreement and indicate your acceptance during the Registration process.
1. Use and Termination
You must be 18 years of age or older to register as a Member. If you are under the age of 18, you are not allowed to register and become a Member of or access the Website. By registering as a Member, you represent and warrant that you are 18 years of age or older. If we believe that you are less than 18 years of age, or anyone has or is using your account is under 18, your profile may be deleted and your Membership may be terminated without warning and without refund of membership and services fees. Do not share your account, the account owner is solely responsible for all usage of their account, regardless of user. The Member understands and agrees to make a good faith effort to follow the directions of moyerinstruments.com in the use of the Website, including but not limited to actively using the Website. moyerinstruments.com reserves the right, in its sole discretion, to terminate your membership effective immediately for any reason, with or without notice. You may terminate your membership at any time for any reason by giving moyerinstruments.com written notice by email of such intent. Members are automatically removed from the active member list after 3 months of inactivity. moyerinstruments.com may modify this Agreement from time to time and such modification shall be effective upon posting by moyerinstruments.com on the moyerinstruments.com Website. You agree to be bound to any changes to this Agreement when you use the moyerinstruments.com Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
2. Proprietary Rights
The Website uses and contains proprietary intellectual property rights owned by or licensed by moyerinstruments.com. Use of the Website shall not be construed as giving you any rights or license to such intellectual property rights except for information in the public domain. With regard to any assistance you may give in the improvement or development of the Website, including but not limited to any ideas, designs, plans or know-how, you agree to grant moyerinstruments.com a perpetual, worldwide, fully paid-up, irrevocable, transferable license to use and sublicense the intellectual property contained in such assistance.
3. Member Conduct
You agree that you will not upload, distribute or reproduce on the Website:
Any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights; including, but not limited to, music, picture and video content.
Any material that is violent, threatening, abusive, sexually explicit, obscene, offensive, hateful, derogatory, defamatory, libelous or racially, ethnically or otherwise objectionable.
Any material that promotes an illegal activity.
Spam or junk mail or other material for a commercial purpose.
False or misleading material.
Any material that contains software viruses, bugs, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
You further agree that
The Website is available for your personal, non-commercial use only
You will not use the Website in any unlawful manner.
You will not use or attempt to use another Member’s account or create a false identity on the Website.
You will not share your account with anyone.
4. Member Content Posted On The Website
You are solely responsible for the content that you publish or display on Website, or transmit to other Members (collectively the “Member Content”). You agree that moyerinstruments.com may and will review and delete or remove any Member Content that in its sole judgment violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members or others. moyerinstruments.com assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the Member submitting any such Member Content. By posting Member Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant to moyerinstruments.com an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, worldwide license (with the right to sublicense) to use, copy, perform, edit, add to, display, reformat, translate, excerpt (in whole or in part) and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. This license will terminate at the time you remove such Member Content from the Website. All posted and uploaded content of any kind remain the property of the member who submitted said content. moyerinstruments.com acts as the Online Service Provider (OSP) as set force on the terms of the DMCA and OCILLA copyright acts. moyerinstruments.com does not pre-approve member content and may not be aware of copyright infringement until notified. On notification, moyerinstruments.com claims Safe Harbor and will follow procedures set forth per the terms of the DMCA and OCILLA copyright acts.
Copyright Infringement Notification (see number 6)
Please choose carefully the information you post on moyerinstruments.com and that you provide to other Users. Your moyerinstruments.com profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other moyerinstruments.com Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and moyerinstruments.com assumes no responsibility or liability for this material. If you become aware of misuse of the moyerinstruments.com Services by any person, please contact moyerinstruments.com or click on the “Report” link at the bottom of any moyerinstruments.com page.
5. Links to Other Websites
The Website contains links to other Websites. moyerinstruments.com is not responsible for the content, accuracy or opinions express in such Websites, and such Websites are pre-approved or checked for accuracy or completeness by moyerinstruments.com. Inclusion of any linked Website on or through the Website does not imply approval or endorsement of the linked Website by moyerinstruments.com. Website links found to be in violation with our terms of service (any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter, etc.) may be deleted. If you decide to leave the moyerinstruments.com Website and access these third-party sites, you do so at your own risk.
6. Copyright Infringement Notification
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the moyerinstruments.com Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact the complaining party.
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Contact the Designated Copyright Agent with details of the claimed infringement and a Takedown Notice. The moyerinstruments.com Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached by writing to:
Moyer Instruments, Inc.
Instrument Repair and Instrument Calibration
36 Years of Excellent Customer Service
Address: 45 Plaza Drive, Suite 500 Tamaqua PA 18252
Toll Free: 877-434-5377
Phone: 570-668-2607
Fax: 570-668-4720
Email:
The license you grant to moyerinstruments.com is non-exclusive (meaning you are free to license your Content to anyone else in addition to moyerinstruments.com), fully-paid and royalty-free (meaning that moyerinstruments.com is not required to pay you for the use of the Content that you post), sub licensable (so that moyerinstruments.com is able to use its affiliates and subcontractors such as Internet content delivery networks to provide and distribute moyerinstruments.com Member Content), and worldwide (because the Internet and moyerinstruments.com is global in reach). This license will terminate at the time you remove your Content from the moyerinstruments.com Website. The license does not grant moyerinstruments.com the right to sell your Content. The license grants moyerinstruments.com the right to distribute your Content outside of the moyerinstruments.com Website, via search engine indexing, RSS feeds and copied links.
You, the user, agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the moyerinstruments.com Website.
The moyerinstruments.com Website contains Content of Users and other moyerinstruments.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the moyerinstruments.com Website.
7. Disclaimer
moyerinstruments.com has the right, in its sole discretion, to remove or restrict access to any material uploaded by a Member which it views as violating the terms of this Agreement or inconsistent with the policy of moyerinstruments.com. Notwithstanding such right, moyerinstruments.com is not liable for any material uploaded by a Member, including but not limited to the accuracy of the material or the conduct of a Member either within the
Website or offline. The Website is provided “AS IS” and moyerinstruments.com does not guarantee the functionality of the Website or a particular result from the use of the Website. You acknowledge and agree that moyerinstruments.com is not liable for any interruption or breakdown of service, loss or corruption of data, attacks against the Website from third parties, any technical malfunction at any point in the provision of the service of the Website or force majeure. moyerinstruments.com expressly disclaims any responsibility for loss or damage, including personal injury or death, resulting from the use of the Website or from any content posted on the Website or any interactions among Members, whether online or offline. moyerinstruments.com EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
8. Limitation of Liability
moyerinstruments.com SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFIT, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGIES OR SERVICES, COST OF COVER OR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USE OF THE Website OR THIS AGREEMENT. NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, moyerinstruments.com LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THAT AMOUNT PAID, IF ANY, BY YOU TO moyerinstruments.com (excluding 3rd party vendor’s) FOR THE SERVICES OF THE WEBSITE DURING THE TERM OF MEMBERSHIP.
9. Indemnity
You agree to indemnify and hold harmless moyerinstruments.com, its officers, directors, employees, agents, subsidiaries and affiliates from any loss, liability, claim or demand, including attorneys’ fees, made by any third party due to or arising from your use of the Website, any content that you upload, your use of content on the Website, your violation of this Agreement or your violation of any third-party rights.
You agree to indemnify and hold moyerinstruments.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the moyerinstruments.com Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the moyerinstruments.com Website or through the moyerinstruments.com Services causes moyerinstruments.com to be liable to another.
10. Privacy Policy
Click here to read the moyerinstruments.com privacy policy.
11. Disputes
This Agreement and any disputes arising from this Agreement or use of the Website shall be governed by the laws of the State of Connecticut without reference to its provisions on conflict of laws. Any dispute relating in any way to the Website (including your visit to or use of the Website) shall be submitted to confidential arbitration in Waterbury, Connecticut, except that, to the extent you have in any manner violated or threaten to violate proprietary or intellectual property rights of moyerinstruments.com or any of its affiliates, we may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction. For the purpose of such relief, you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to, non-exclusive venue and jurisdiction in the state and federal courts of Connecticut. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Any claim, action or proceeding by you related in any way to the Website (including your visit to or use of the Website) must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Member Disputes. You are solely responsible for your interactions with other moyerinstruments.com Members. moyerinstruments.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
12) Contract:
Your contract with moyerinstruments.com is a “Contract For Time” only, and does not include “Out Of Pocket” costs, fee’s, hardware, software, or time for third party services that may be associated with providing our service to our individual customers. Customers are responsible for their costs to 3rd party service providers. In the advent that a clients obligation to purchase software, hardware, pay a fee, pay for time including customer support from a third party provider prevents moyerinstruments from completion of a service, the client waves the completion of that service and fee’s for moyerinstruments time will not be refunded.
13. Miscellaneous
This Agreement together with the Privacy Policy contains the entire agreement between moyerinstruments.com and you concerning the subject matter hereof. The failure of moyerinstruments.com to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of that right nor operate to bar the exercise or enforcement of it at any time or times thereafter. In the event that any provision of this Agreement is found invalid, the remainder of the Agreement shall remain valid and enforceable according to its terms.
This Agreement is accepted upon your use of the moyerinstruments.com Website or any of the moyerinstruments.com Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and moyerinstruments.com regarding the use of the moyerinstruments.com Services. The failure of moyerinstruments.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. moyerinstruments.com is a trademark of moyerinstruments.com, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
moyerinstruments.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the moyerinstruments.com Website at any time, for any or no reason, with or without prior notice, and without liability or refund of any fees.
Fees. You acknowledge that moyerinstruments.com reserves the right to charge for the moyerinstruments.com Services and to change its fees from time to time at its discretion. If moyerinstruments.com terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of any fees.
Passwords. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify moyerinstruments.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The moyerinstruments.com Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by moyerinstruments.com. Illegal and/or unauthorized use of the moyerinstruments.com Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the moyerinstruments.com Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the moyerinstruments.com Services.
moyerinstruments.com is not responsible for any incorrect or inaccurate Content posted on the moyerinstruments.com Website or in connection with the moyerinstruments.com Services, whether caused by Users of the moyerinstruments.com Services or by any of the equipment or programming associated with or utilized in the moyerinstruments.com Services.
