Legal Notice for the GOW-MAC® Instrument Co. Website:
Use of this site constitutes the recipient's acceptance of and agreement to be bound by these terms, conditions and restrictions (collectively “Terms”). If you do not want to be bound by these Terms, you are not authorized to and should not use the site and your sole recourse shall be to refrain from use of the site.
Thank you for visiting GOW-MAC® Instrument Co.'s website. We hope we are able to supply you with the information you are seeking. Your privacy is important to us. To better protect your privacy, we provide this notice explaining our online information practices.
Our web site has been created to provide Internet users with information about GOW-MAC Instrument Co. and our line of products and services.
While visiting our web site, we may collect certain non-personally identifiable information when you visit many of our web pages such as the type of browser you are using, the type of operating system you are using, the domain name of your Internet service provider, etc. This information is solely used by us to gauge our website performance and accessibility. What is NOT captured is individual data about e-mail addresses or name/company information.
There are certain locations on our website which ask for personal information about the user, such as name, organization, e-mail, etc. This information will enable you to download products bulletins, programs, services, or otherwise participate in the site's activities and offerings. This information is also logged for our own records, and occasionally used for 'leads' and demographic information. None of the information we collect about users of our website will ever be sold, distributed, or given to outside parties.
Compliance with Legal Process: We may disclose personal information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of GOW-MAC® Instrument Co. on the Web.
WEBSITE TERMS AND CONDITIONS
Limited License to Use Site. Subject to these Terms, GOW-MAC ("GOW-MAC Instrument Co.") and its subsidiaries grant to each user of this site a non-exclusive, non-transferable, limited right to access, use and display this site and the information presented on this site. No user shall attempt to interfere with the operation of this site in any way. For purposes of these Terms, other communication media employed in conjunction with use of this site, including telephone and video augmentation, shall be deemed to be part of this site and the information provided in such other communication media shall be deemed to be information presented on this site. This site is not intended for use by any natural person under eighteen years of age and no license to use the site is granted to such persons.
Who We Are. GOW-MAC Instrument Co. maintains this site for itself and as a convenience for its subsidiaries and customers of its subsidiaries. Customers of subsidiaries may use this site for informational needs. This site is provided by GOW-MAC Instrument Co. primarily for sharing common product information and website resources. This site is not intended to establish any new or additional privity of contract, or agency or other relationship between those subsidiaries and GOW-MAC Instrument Co. or between GOW-MAC Instrument Co. and customers conducting business with those subsidiaries. No agency, employment or franchise relationship with GOW-MAC Instrument Co. is being created through use of this site. You may contact GOW-MAC Instrument Co. at 277 Brodhead Road, Bethlehem, PA 18017 U.S.A.
Nature of the Information. The information and functionality contained in this site has been provided as a convenience and, in some cases, is provided by outside sources. This site has been supplied upon the condition that you will make your own determination as to the suitability of information contained in this site before use and that you have the proper qualifications or expertise to properly evaluate and use that information. Although we attempt to make all information accurate at the time it is posted to the site, we cannot guarantee nor do we warrant completeness or accuracy, or that information will be updated. We make no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the site's contents are illegal is prohibited. Your local GOW-MAC Instrument Co. contact can assist you with the availability of our products and services.
Changes to Information or Terms. We may, in our sole discretion and at any time, change site content or these Terms, or modify or discontinue this site or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any previously revised Terms and you should therefore review these Terms from time to time to determine any changes to your rights or obligations hereunder.
Governing Law and Venue. With respect to matters arising under this site, the governing law, without regard to principles of conflicts of laws, and venue shall be: (i) for a particular matter arising on a given webpage on this site, the choice of law and venue specified online for that matter, if any, (ii) for an online product sale, the choice of law and venue specified in the accompanying online terms and conditions, or in the absence of such specification, the law of, and venue in the place where, the GOW-MAC Instrument Co. subsidiaries making that sale of product has its main office, (iii) unless otherwise determined under clauses (i) or (ii), for matters arising on a webpage on this site devoted to a particular Affiliate, the law of, and venue in the place where, such Affiliate's main office is located, or (iv) for all other matters, including matters where no choice of law or venue is specified and matters regarding these Terms, the parties hereto shall consult and negotiate with each other and, recognizing their mutual interests, attempt to reach a solution satisfactory to both parties. If they do not reach settlement within a period of 60 days, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the International Mediation Procedures of the International Centre for Dispute Resolution. If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim arising out of or relating to this contract shall be settled by arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution. Where mediation or arbitration shall require the determination of a question of law, the mediator or arbitrator shall apply the law of the Commonwealth of Pennsylvania, United States of America, without regard to its principles of conflicts of laws, and the venue shall be the United States Eastern District Court or any other court of competent jurisdiction within the Commonwealth of Pennsylvania.
Jurisdictional Issues. The existence of this site and the ability to request information or request or order products through the site is not an offer to sell or solicit or do business in those countries or jurisdictions in which we are not permitted by law to do business or in which we do not already conduct business. Neither the existence of this site nor the accessibility of content of this site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between GOW-MAC Instrument Co. or any subsidiaries within any country or jurisdiction in which GOW-MAC Instrument Co. or that subsidiary does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to the content and operation of this site.
Hyperlinks. For your convenience, this site may contain hyperlinks to other websites unrelated to GOW-MAC Instrument Co. or its subsidiaries. If you use these links, you will leave this site. We are not responsible for the privacy practices, security or content of any such linked sites. Links to other sites do not imply that GOW-MAC Instrument Co. endorses, approves, or sponsors any information available at the linked site or any products or services that may be sold there, nor is GOW-MAC Instrument Co. or its subsidiaries liable for any damage that might result from your use of such third party websites, information, products or services. We make no representations about inbound hyperlinks that other parties provide to this site.
CONTENTS OF WEBSITE—DISCLAIMER. THE MATERIALS IN THIS SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE MATERIALS IN THIS SITE, GOW-MAC INSTRUMENT CO., ITS AFFILIATES AND CONTRACTORS DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THE RESPECTIVE DATES SUCH MATERIALS ARE PUT ON TO THE SITE. GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS UNDERTAKE NO OBLIGATION TO KEEP SUCH INFORMATION CURRENT.
CERTAIN LINKS IN THIS SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. BECAUSE GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS HAVE NO CONTROL THROUGH THIS SITE OVER THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY SITES, GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY TRANSMISSION THEREFROM, OR ANY CHANGES OR UPDATES TO SUCH SITES. GOW-MAC INSTRUMENT CO. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY, OR AN ENDORSEMENT BY GOW-MAC INSTRUMENT CO. OF, THE LINKED SITE. GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS ALSO MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH LINKS OR LINKED SITES, NOR WARRANT THE RESULTS TO BE OBTAINED FROM USING SUCH LINKS OR LINKED SITES FOR ANY PURPOSE, INCLUDING FOR THE PURCHASE OF ANY GOODS OR SERVICES.
OPERATION OF WEBSITE—DISCLAIMER. GOW-MAC INSTRUMENT CO. ENDEAVORS TO MAINTAIN THIS SITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES AND CONTRACTORS MAKE NO WARRANTY THAT: (I) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES OR CONTRACTORS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL GOW-MAC INSTRUMENT CO., ITS SUBSIDIARIES OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE INFORMATION AVAILABLE IN THIS SITE. GOW-MAC INSTRUMENT CO. AND ITS SUBSIDIARIES SHALL NOT BE LIABLE EVEN IF GOW-MAC INSTRUMENT CO. OR ITS SUBSIDIARIES OR AN AUTHORIZED REPRESENTATIVE OF GOW-MAC INSTRUMENT CO. OR A SUBSIDIARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, HARDWARE OR SOFTWARE FAILURES, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, THE USE OF INFORMATION ON THIS SITE, AVAILABILITY OF RESOURCES TO SERVICE THE APPLICATIONS ON THIS SITE, OR FORCE MAJEURE EVENTS.
LIMITATIONS AS TO WEBSITE DISCLAIMERS AND LIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Export Restrictions. This site is maintained and operated by GOW-MAC Instrument Co. from its office within the United States. We make no representation that the information or other materials accessed through this site are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or the site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any information or products received hereunder except in full compliance with all United States laws and regulations and the local laws and regulations of the destination country. In particular, the information or products may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products.
Proprietary Information. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material on this site as well as the selection, assembly, and arrangement thereof are the property of GOW-MAC Instrument Co. GOW-MAC Instrument Co. owns the copyright for all of the material on this site or has a valid right from a third party to use material on this site. Trademarks and trade names belonging to GOW-MAC Instrument Co. or its Subsidiaries are protected under the laws of various jurisdictions whether registered or through common law usage in accordance with the laws of the appropriate jurisdictions. No part of this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of GOW-MAC Instrument Co. and its Subsidiaries. The use of any such material on any other site or computer network without the prior written consent of GOW-MAC Instrument Co. or its Subsidiaries, as applicable, is prohibited. Permission to link to our information will not be granted to a site that frames or otherwise presents our information in a manner that does not attribute such information to us. Your use of the trademarks, service marks and trade names on this site in any manner other than as authorized in these Terms, or as authorized in writing by GOW-MAC Instrument Co. or its Subsidiaries, is strictly prohibited. Presentation of information in this site is not intended to confer to any other party any proprietary or other rights in our trademarks, trade names, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. Linking to other sites does not imply that GOW-MAC Instrument Co. or the linked site has any legal authorization to any trademark, trade name, logo or copyright of the other.
Notices. GOW-MAC Instrument Co. respects the intellectual property rights of others. If you believe that the content presented on this site is used in a way that constitutes copyright infringement or other violation of your intellectual property rights, please provide the written information specified below:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the site, including the specific website URL, if applicable;
• Your address, telephone number, facsimile number, and email address;
• 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;
• A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The GOW-MAC Instrument Co. agent for notice of claims of copyright or other intellectual property infringement can be reached at the following address:
GOW-MAC Instrument Co.
277 Brodhead Road
Bethlehem, PA 18017 U.S.A.
Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by GOW-MAC Instrument Co. or its Subsidiaries of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.