SKC-West, Inc. Web Site -
Terms and Conditions of Use
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING
THIS WEB SITE. USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS.
IF YOU DO NOT ACCEPT THESE TERMS ("TERMS"), DO NOT USE THIS WEB SITE.
Use of Site. SKC-West, Inc. authorizes you to view and download the materials
at this Web site ("Site") only for your personal, non-commercial use, 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 Web site or networked computer environment for any purpose is prohibited.
The materials at this Site are copyrighted and any unauthorized use of any
materials at this Site may violate copyright, trademark, and other laws.
You may print and download portions of material from the different areas
of the Site solely for your own non-commercial use. You agree not to change
or delete any proprietary notices from materials downloaded or printed from
the Site. If you breach any of these Terms, your authorization to use this
Site automatically terminates and you must immediately destroy any downloaded
or printed materials.
Modification of Terms. SKC-West, Inc. may modify these Terms at any time,
and such modifications shall be effective immediately upon posting of the
modified Terms. You agree to review these Terms periodically to be aware
of such modifications and your continued access or use of the Site shall
be deemed your conclusive acceptance of the modified Terms.
Trademarks. Trademarks used or displayed at this Site are
trademarks of SKC-West, Inc. or its affiliates or third party owners.
Nothing contained on this Site is to be construed as granting,
by implication, estoppel, or otherwise, any license or right
of use of any such trademark without the prior written permission
of SKC-West, Inc. or such third party owner. The names of various manufacturers,
their instruments, and their products referred to herein may
be protected by trademark or other law, and are used herein solely
for purpose of reference. SKC-West, Inc. expressly disclaims any affiliation
with them or sponsorship by them.
User Submissions. Other than personally identifiable information,
which is covered under the SKC-West, Inc. Privacy Statement, any material, information
or other communication you transmit or post to this Site ("Communication")
is, and will be treated as, non-confidential and non-proprietary , and may
be used by SKC-West, Inc. and its affiliates for any purpose without compensation
Links To Other Web Sites. Links to third party Web sites on this
Site are provided solely as a convenience to you. If you use these links,
you will leave this Site. SKC-West, Inc. 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. Thus, SKC-West, Inc. 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
this entirely at your own risk.
You also understand that SKC-West, Inc. cannot and does not guarantee or warrant
that files available for downloading through the Site are or will be free
of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means external
to the Site for the reconstruction of any lost data.
Disclaimer. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE. THE MATERIALS PROVIDED AT THIS SITE ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
It is solely your responsibility to evaluate the accuracy, completeness
and usefulness of all opinions, advice, services, merchandise and other
information provided through the Site. SKC-West, Inc. further does not warrant
the accuracy, currency, and completeness of the materials at this Site.
SKC-West, Inc. 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 SKC-West, Inc. 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
or state. SUCH REFERENCES DO NOT IMPLY THAT SKC-West, Inc. INTENDS TO MAKE THEM
AVAILABLE IN YOUR COUNTRY OR STATE. Consult your local SKC-West, Inc business
contact for information regarding the products, programs and services that
may be available to you. Applicable law may not allow the exclusion of implied
warranties, so the above exclusion may not apply to you. All orders are
subject to acceptance by SKC-West, Inc. SKC-West, Inc’ obligations and responsibilities
regarding its products are governed solely by the agreements under which
they are sold and licensed.
Limitation of Liability. IN NO EVENT WILL SKC-West, Inc, ITS SUPPLIERS,
OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY CONSEQUENTIAL,
INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OR
RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS
OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMISSIONS, OR OTHER INACCURACIES AT THE SITE, 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. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless
SKC-West, Inc, its officers, directors, employees, agents, affiliates, licensors,
suppliers and any third party information providers to the Site from
and against all losses, expenses, damages and costs, including reasonable
attorneys’ fees, resulting from any violation of these Terms by
Miscellaneous. These Terms shall all be governed and construed
in accordance with the laws of the State of California applicable to
agreements made and to be performed in the State of California. You
agree that any legal action or proceeding between SKC-West, Inc. and
you for any purpose concerning these Terms or the parties’ obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in the State of California. Any cause
of action or claim you may have with respect to the Site must be commenced
within one (1) year after the claim or cause of action arises or such
claim or cause of action is barred. SKC-West, Inc's failure to insist
upon, or enforce strict performance of, any provision of these Terms
not be construed as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act to modify
any provision of these Terms. SKC-West, Inc. may assign its rights and
duties under these Terms to any party at any time without notice to you.