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Terms of Use

COMPLETE TERMS - 4/3/2006 Rev. 1

The use of Instrument Associates, Inc. ("IA") Internet site is governed by the terms and conditions set forth in this Terms of Use. Our site offers general information about our company, its products, and other information and listings of general interest. It is accessible worldwide to anyone with Internet access. By using our site, you are agreeing to be bound by these Terms of Use. Users are also bound by all applicable laws and regulation. IA reserves the right to change its terms and conditions and to change or delete information on this site at any time. For purposes of these Terms of Use, using the on-line services offered on the site including accessing educational information, product browsing, ordering and reporting/inquiry, shall be considered to be using this site.

USE OF SITE

Subject to the Terms of Use, IA grants you a non-exclusive, non-transferable, limited, conditionally revocable right to access, use, and privately display this site solely for legitimate business purposes. Any other use of this site is expressly prohibited and constitutes a material violation of the Terms of Use. Prohibited uses include, without limitation, using email addresses obtained from the site for solicitation purposes of any kind, directly or indirectly, the use of data mining, robots or other similar data gathering and extraction tools, and making any derivative works based, in whole or in part, on any portion or this entire site.

You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this site, the services offered on this site, or access to this site.

You agree to take reasonable precautions to maintain the confidentially of your account name and password for access to this site. In addition, you agree not to modify, add or delete any content on this site, without the express written permission of IA. Further, you agree not to interrupt or attempt to interrupt the operation of this site or access thereto by other users.

IA does not guarantee continuous, uninterrupted or secure access to the site, and operation of the site may be interfered with by numerous factors outside of IA's control. The information IA obtains from you will be subject to IA's Privacy Statement. To use the site, you will need access to the World Wide Web and you must pay any fees/costs associated with your equipment, access charges and the services you obtain.

You agree that information you provide to this site or to the manufacturers and distributors whose products are present in the online catalog of this site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this site or to the manufacturers and distributors whose products are present in the online catalog of this site.

DISCLAIMER

Information contained in the electronic catalog of this site has been derived from information supplied by the respective manufacturers and distributors. Although we believe that the information supplied is generally correct, we do not assume any responsibility whatsoever for its accuracy. The data and information contained in the electronic catalog are intended for use by persons possessing technical skill and knowledge. We assume no liability whatsoever for results obtained or loss or damage incurred as a result of application of the data or information presented. Users of the electronic catalog do so at their own risk. In addition, we assume no liability and make no warranty with respect to claims of patent, trademark or copy right infringement or other similar claims which may arise out of or in connection with the use of any data, information or items listed in the electronic catalog.

IA does not warrant that this site and the server connected to it are free of computer viruses or other harmful components.

The transmission of data or information (including communications by email) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit. We are not liable for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, such as transmissions involving the exchange of email with us (including those which may contain your personal information). We take commercially reasonable efforts to safeguard the privacy of the information you provide us and treat that information in accordance with our Privacy Statement. In no event, however, will the information you provide us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that the information is inadvertently released by us or accessed by third parties without our consent.

IA PROVIDES THE SITE AND ALL RELATED INFORMATION AND SERVICES "AS IS, WHERE IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WITHOUT LIMITING THE FOREGOING, IA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE, INSTRUCTIONS OR INFORMATION RECEIVED BY A USER, WHETHER ORALLY OR IN WRITING, FROM IA SHALL CREATE ANY EXPRESSED OR IMPLIED WARRANTY BY IA. USERS ARE INSTRUCTED TO USE IA'S SITE AND SERVICE AT THEIR OWN RISK.

IA MAKES NO WARRANTY THAT THE SITE AND ANY RELATED INFORMATION AND SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRRUPED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE, RELATED INFORMATION AND SERVICES WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, RELATED INFORMATION OR SERVICE IS TO CEASE TO USE THE SITE, ANY RELATED INFORMATION OR SERVICES. THE TERMS AND CONDITIONS OF ANY SALES OF PRODUCTS OBTAINED THOUGH THE USE OF THE SITE ARE SET FORTH IN IA'S TERMS AND CONDITIONS.

LIMITATION ON DAMAGES

In no event, shall IA be liable for any injury, expenses, profits, loss, or damage, whether direct, incidental, or consequential, or any other pecuniary loss or expense arising out of the access, use or inability to use anything on this site or any product described in the electronic catalog, even if IA is expressly advised of the possibility thereof. Without limiting the generality of the foregoing, IA shall not be liable for damages for loss of profits, goodwill, use, data loss, or other losses resulting from (i) the use of inability to use the site or the services, (ii) the cost of procurement of any substitute products and/or services resulting from any products, data, information or services obtained or which you were unable to obtain or transactions effected or failed to be effected, (iii) any link provided in connection with the site related information or services, or (iv) any matter otherwise related to your use of the site related information or the services.

INDEMNITY

If, despite the language of the Terms of Use, IA becomes liable to you for anything arising out of or related in any way to your access, use or inability to use the site or any product described in the electronic catalog, then IA’s total liability to you shall not exceed the total payments actually made by you to IA or $100, whichever is greater.

MODIFICATIONS

IA reserves the right, at its sole discretion, to change, modify, add, or remove the Terms of Use, in whole or in part, at any time without prior notice or liability. Your continued access or use of the site after any such change, modification, addition or removal of the Terms of Use will constitute your acceptance thereof. Further, IA reserves the right at its sole discretion, and without prior notice or liability, to terminate, modify or add any features to this site at any time. IA also reserves the right, at its sole discretion, and without prior notice or liability, to limit or terminate your access to this site, and you agree to abide by such limit or termination.

COPYRIGHT NOTICE

The materials displayed on this site, including, but not limited to, all written material, photographs, illustrations, artwork and other graphic material, and names, logos, trademarks, and service marks, are the property of IA or its licensors. These materials are protected by copyright, trademark, and other intellectual property laws and treaties. Nothing herein shall be construed as conferring by implication, estoppels, or otherwise, any license or right and or any copyright, patent, trademark or other proprietary interest of IA or third parties.

INDEMNITY

You agree to indemnify and hold IA and, where applicable, its officers, directors, agents and employees, as well as manufacturers and distributors whose content appears on this site, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party arising out of or related in any way to your access, inability to access or use of this site, or any breach by you of the Terms of Use.

OWNERSHIP OF CONTENT

You understand and agree that your use of this site entitles IA to use, monitor and preserve copies of all information and to disclose such if required to do so by law or in the good faith belief that such disclosure will promote compliance with legal process, enforcement of these Terms of Use, assistance in responding to claims that content violates the rights of third parties, protection of the personal safety of any person, or protection of the property rights of IA or any other person or entity.

LINKS

The site may provide links to other web-sites. Such links are provided for your convenience and do not reflect any endorsement by IA with respect to the provider of such linked site. IA is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the liked site, including without limitation the content provided on or through any such linked site or your reliance thereon. IA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. Your use of or acquisition of goods or services through any linked site is subject to the terms and conditions applicable to that site.

JURISDICTION AND VENUE

These Terms of Use and their enforcement will be governed by the laws of the State of Illinois, without respect to its conflict of laws provisioned and that venue with respect to any dispute between you and IA arising out of or in any way related to these Terms of Use will rest exclusively in courts of Cook County, Illinois and the federal district court for the Northern District of Illinois, Eastern Division.

GENERAL PRACTICES REGARDING STORAGE

You understand and agree that IA may from time to time establish and revise practices and limitations concerning your use of the site. You agree that IA shall have no liability for the deletion or failure to store any messages and other communications or other Content maintained on the site or transmitted using the site.

TERMINATION OR REGISTRATION

You acknowledge and agree that IA may terminate your password and/or other access privileges and remove and discard any content without notice to you for any reason, including without limitation, if: (i) you do not use the services for what IA , in its sole discretion, deems to be an extended period of time; (ii) IA believes that you have violated any of these Terms of Use, (iii) you have otherwise acted or failed to act in any manner that IA deems objectionable. You agree that any termination of your access to the site shall not result in any liability or other obligation of IA to you or any third party in connection with such termination.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between you and IA with respect to your use of the site. You also may be subject to additional terms and conditions that may apply when you use third party content or services available through the site. If any provision of these Terms of Use found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. The failure of IA to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or condition. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the site or these Terms of Use must be filed within one year after such claim or cause of action arose.

The headings in this section of the site are intended solely for convenience and are not considered to be terms within the Terms of Use.

PRIVACY POLICY

Please read the following policy to understand how your personal information will be treated as you make use of any services at our websites. This policy may change from time to time so please re-visit this page periodically. Web sites which are linked to this site may have different policies and we are not responsible for the privacy practices and content provided of such other sites.

DISCLOSURE AND USE OF INFORMATION

Information you provide at www.instrumentassociates.com might be used by us or our partners, including vendors and customer, to better service your need. We will keep this information confidential and promise not to sell, rent or give away to any third parties outside of our organization and parties involved in providing products and services to our customers. We may discuss information in special cases when we believe in good faith that such release is necessary to comply with law, to identify or bring legal action against someone who may be violating our conditions or use and terms of service, to enforce or apply the terms of any of our user agreements, or protect the rights, property or safety of Instrument Associates, Inc. or others.

SECURITY

We will use every reasonable effort to ensure the security of our system and will strive to protect any personal information you provide through this site. Unfortunately, we cannot guarantee that all date transmitted over the Internet will be secure and that our website along with its databases are immune to malicious attacks or abuses by other individuals.

CONSENT

By using our website, you consent to the collection and use of this information by Instrument Associates, Inc.

Users Under the Age of 13:

If you are under the age of 13, do not provide any personally identifiable information on this site without the knowledge and permission of your parent or guardian.

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