9625 West 76th Street
Minneapolis, MN 55344
Customer Support Center Terms & Conditions
Use of the Hysitron on-line customer support service (the "Service") and Hysitron's online Content ("Content") is subject to agreement on the following Terms and Conditions of Use ("Terms and Conditions").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF THE SERVICE AND ONLINE CONTENT IS SUBJECT TO THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO ACCESS ONLINE CONTENT OR USE THE SERVICE. BY REGISTERING FOR THE SERVICE OR ACCESSING ONLINE CONTENT, YOU AGREE THAT THESE TERMS AND CONDITIONS OF USE REPRESENT THE ENTIRE AGREEMENT BETWEEN YOU AND HYSITRON CONCERNING THE SERVICE AND ONLINE CONTENT, AND THAT THESE TERMS AND CONDITIONS SUPERSEDE ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND HYSITRON. NO OTHER COMMUNICATION WILL BE CONSTRUED AS, OR CONSTITUTE, A WAIVER OF THESE TERMS AND CONDITIONS OF USE, OR ACCEPTANCE OF ANY ADDITIONAL TERMS, CONDITIONS OR SPECIFICATIONS, AND HYSITRON HEREBY OBJECTS TO ANY SUCH ADDITIONAL OR CONTRARY TERMS, CONDITIONS OR SPECIFICATIONS.
1. ACCESS TO SERVICE. You will be assigned a username and password by Hysitron to use in accessing the Service. Your username and password will allow you to access the information made available from time to time on the Service-related portion of our web site (the "Site"). You may not share your username and password with any other party, or otherwise give any other party access to the Service or any information obtained through the Service. You assume responsibility for any unauthorized use of any username or password assigned to you, and you must promptly inform Hysitron of any actual or suspected unauthorized use. You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Service or of the networks connected to the Service, and to abide any security policies adopted by Hysitron. You acknowledge and agree that Hysitron may monitor access and use of the Site for security purposes.
2. USE OF SERVICE. You may use the Service only for the purposes related to the use and maintenance of Hysitron products. Any other use of the Service is strictly prohibited. Hysitron may change the Service at any time and in its sole discretion. Hysitron may at any time terminate or suspend your access to the Service. Hysitron may at any time limit your access to the service as appropriate or necessary in its sole discretion for security reasons, as a result of any alleged or suspected breach of these User Terms and Conditions, or to protect intellectual property. Hysitron may also impose limits on certain features and services or restrict your access to parts, or all of the Service without notice or liability.
Under the copyright and trademark laws of the United States and international treaties governing the use of trademarks, copyrighted material, and other intellectual property, you agree: that you may only download Content that Hysitron designates as offered for download for personal and noncommercial use; you further agree not to sell any Content or modify, re-post, reproduce, distribute, or copy Content without specific written authorization from Hysitron; you agree to maintain any and all copyright or other notices, proprietary or otherwise, that are embedded in or attached to any Content; you agree that by transmitting, posting or otherwise submitting any text, images, videos or other materials or Content to the Site you are granting Hysitron a worldwide, royalty-free permanent license to use and/or sublicense such materials, such license including the right to exploit any proprietary rights in the posting or submission. In certain circumstances, Hysitron authorizes it customers and visitors to its website to utilize Hysitron's Content-free of charge-in their academic, scientific, promotional and commercial efforts. Please direct all requests to use Hysitron's content, including Hysitron's images, to email@example.com, or call Hysitron at Tel: +1 952-835-6366.
Portions of Hysitron's website permit users to post Content, including images, to Hysitron's website. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement on the Site should be sent to our designated agent. If you believe that your work has been used in a way that may constitute copyright infringement, please provide Hysitron's designated agent the following information: 1) a description of the copyrighted work that you claim has been infringed; 2) a description of where the material that you claim is infringing is located on the site; 3) your address, telephone number, email-address and your preferred method of contact; 4) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Hysitron's designated agent for notice of claims of copyright infringement on the Site:
9625 WEST 76th Street
Eden Prairie, MN 55344
4. DISCLAIMER OF WARRANTIES. THE SERVICE AND ANY CONTENT ON THE WEBSITE IS MADE AVAILABLE TO YOU "AS IS" AND "AS AVAILABLE." HYSITRON MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE SERVICE, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH HYSITRON HEREBY EXPRESSLY DISCLAIMS.
HYSITRON DOES NOT GUARANTEE THAT YOUR ACCESS TO THE SERVICE OR THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT THE INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE SERVICE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. HYSITRON WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE, BUT HYSITRON WILL USE REASONABLE EFFORTS TO CORRECT ANY MATERIAL PERFORMANCE PROBLEM BROUGHT TO ITS ATTENTION.
5. LIMITATION OF LIABILITY. HYSITRON WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF, OR THE INABLITY TO USE, THE SERVICE, OR ANY INFORMATION OR OTHER CONTENT THAT YOU ACCESS, OR IS MADE AVAILABLE TO YOU, THROUGH THE SERVICE OR THROUGH THE WEBSITE. HYSITRON WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, WEBSITE CONTENT, THE SERVICE, YOUR USE OF THE SERVICE OR CONTENT, OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF HYSITRON.
IN NO EVENT WILL HYSITRON'S LIABILITY OF ANY KIND INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF HYSITRON SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
6. ASSIGNMENT. Hysitron may assign its rights and obligations under these Terms and Conditions without your consent. You may not assign any of your rights and obligations under these Terms and Conditions without the prior written consent of Hysitron.
7. NOTICES. Any notice permitted or required to be given by you under these User Terms and Conditions will be deemed given and effective when sent to Hysitron via email with the subject line "Required Notice" at: firstname.lastname@example.org. Any notice permitted or required to be given by Hysitron under these User Terms and Conditions will be given and effective when sent to you at the e-mail address provided in your registration for the Service.
8. GOVERNING LAW. These Terms and Conditions will be interpreted and construed in accordance with the laws of the State of Minnesota. Any action arising out of, or relating to, this Agreement may be brought in courts situated in Minnesota, and you consent to the jurisdiction of such courts.
9. GENERAL. If any of these Terms and Conditions conflict with any applicable statute or rule of law, the affected terms and conditions will be deemed inoperative. In the event that any part of these Terms and Conditions is held illegal, void or ineffective, the remaining portions will remain in full force and effect. No failure by either party to take any action or assert any right under these Terms and Conditions will be deemed to be a waiver of that right in the event of the continuation or repetition of the circumstances giving rise to that right.