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3) METTLER TOLEDO does not intend for any Site references or links to entities, products or services to be referrals or endorsements of such entities, products or services. METTLER TOLEDO only controls and endorses products and services clearly identified as being supplied by METTLER TOLEDO. METTLER TOLEDO does not control or endorse any information, products or services supplied by any other person or entity, even if said information, products and/or services are found on this Site.
4) METTLER TOLEDO cannot and does not guaranty that files available for downloading through the Site will be free of infection from viruses or other computer codes that may contaminate your computer. As a result, you are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output and for maintaining a means of your own for the reconstruction of any lost data.
5) METTLER TOLEDO will not be liable for any investment decision made or action taken by you or others in reliance on the Contents of this Site, including, without limitation, financial information and information about METTLER TOLEDO. Statements on the Site may be considered Forward-Looking Statements that involve certain risks and uncertainties. “Forward-Looking Statements” are statements that are: (i) not historical and (ii) based upon events or circumstances that have not yet occurred. As a result, they contain risks and uncertainties that could cause actual events or results to differ from those contained in the Forward-Looking Statement. (See METTLER TOLEDO’s annual report on Form 10-K for the most recently-ended fiscal year and subsequent SEC filings.)
METTLER TOLEDO and its Affiliates are not liable for any Damages based on Claims (4) arising out of or in connection with:
(a) your use of the Site
(b) any contracts entered into or services or products offered, sold or purchased as a result of any contact initiated on or through the Site
(c) your breach of these Terms and Conditions
(d) your infringement (or the infringement of any person using your computer, personal login or password) of any right of a person or entity
By using this Site, you agree that you will not seek recovery of Damages from nor institute any proceeding against METTLER TOLEDO and/or its Affiliates as a result of the occurrence of any of (a) through (d) above. In the event a third party seeks recovery of Damages from or institutes a proceeding against METTLER TOLEDO and/or its Affiliates as a result of the occurrence of any of (a) through (d) above, you agree that you will defend METTLER TOLEDO and its Affiliates and reimburse METTLER TOLEDO and its Affiliates for all costs and Damages paid or ordered to be paid by METTLER TOLEDO and/or its Affiliates.
2. You May Not Republish the Contents of the Site.
You may not resell, republish, or copy (except that you may make a copy for your own use), any of the Contents of this Site without the prior written consent of METTLER TOLEDO, which may be withheld in its sole discretion.
3. METTLER TOLEDO Has The Right To Use All Intellectual Property on the Site Exclusively.
Except where otherwise expressly noted, all Contents of this Site are the sole and exclusive property of Mettler-Toledo GmbH, CH-8606 Greifensee, Switzerland and its Affiliates. METTLER TOLEDO does not waive, transfer or license any of its Proprietary Rights (5) by posting the Contents of this Site. Contents of this Site are protected by United States and international copyright laws, both as individual works and as a collection. You agree not to delete any copyright or similar notice from any Contents you obtain from the Site.
By posting or submitting material to the Site, you grant METTLER TOLEDO and its Affiliates an irrevocable license of unlimited duration to use the material at no cost. METTLER TOLEDO shall have the right to sublicense the material to a third party. Said license grants METTLER TOLEDO, its Affiliates, and sublicensees the right to: (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material throughout the world in any media and (ii) use the name that you submit in connection with such material.
You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the content is accurate; and that use of the content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity. You agree that you will not seek recovery of Damages from nor institute any proceeding against METTLER TOLEDO and/or its Affiliates relating to of any material you supply. In the event a third party seeks recovery of Damages from or institutes a proceeding against METTLER TOLEDO and/or its Affiliates relating to the material you supply, you agree that you will defend METTLER TOLEDO and its Affiliates and reimburse METTLER TOLEDO and its Affiliates for all costs and Damages paid or ordered to be paid by METTLER TOLEDO and/or its Affiliates.
METTLER TOLEDO has the right, but not the obligation, to monitor, edit or remove any material from the Site. METTLER TOLEDO takes no responsibility and assumes no liability for any content posted by you or any third party.
4. You Must Give METTLER TOLEDO Notice If There is An Infringement Of Your Copyright on the Site.
METTLER TOLEDO respects the intellectual property rights of others, and we ask you to do the same.
ALL INQUIRIES NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Notifications of claimed copyright or other intellectual property infringement should be sent to the Site's Designated Agent (6). METTLER TOLEDO will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide METTLER TOLEDO the following information. Please be advised that to be effective, the notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
2. a description of the work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the Site;
4. your address, telephone number, and e-mail address and all other information reasonably sufficient to permit METTLER TOLEDO to contact you;
5. 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
6. 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 behalf of the owner of an exclusive right that is allegedly infringed.
If you assert a misuse of your trademark, service mark, trade dress, name or other indicia of origin (“Mark”), your notification must also provide: the Mark that is being infringed; the goods and/or services covered by or offered under the identified Mark; the date of first use of the Mark; the date of first use in interstate commerce of the Mark; the mark on the Site that you believe is an infringement of your Mark; the goods and/or services covered by or offered under the Site mark claimed to be infringing your Mark; the precise location of the allegedly infringing mark on the Site; and a good faith certification, signed under penalty of perjury, stating: (i) that the mark used on the Site infringes the right of another party, (ii) the name of such party, (iii) the Mark being infringed, and (iv) that there is no defense to the use of the alleged infringing mark.
If you provide METTLER TOLEDO with appropriate written notification, as described above, then METTLER TOLEDO will forward your written notification to the alleged infringer and take reasonable steps to promptly notify the alleged infringer that METTLER TOLEDO has removed or disabled access to the material. An alleged infringer may provide counter notification by providing a written communication to METTLER TOLEDO’s Designated Agent that includes substantially the following:
1. A physical or electronic signature of the alleged infringer;
2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. a statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. the alleged infringer’s name, address, and telephone number, and a statement that (i) the alleged infringer consents to the jurisdiction of the Federal District Court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer's address is outside of the United States, for any judicial district in which METTLER TOLEDO may be found, and (ii) the alleged infringer will accept service of process from you or your agent.
Upon receipt of a counter notification as described above, METTLER TOLEDO shall promptly provide you with a copy of the conter notification and inform you that METTLER TOLEDO may replace the removed material or cease disabling access to it in 10 business days. METTLER TOLEDO may replace the removed material and cease disabling access to it not less than 10 nor more than 14 business days following receipt of the counter notification, unless METTLER TOLEDO's Designated Agent first receives notice from you that you have filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on METTLER TOLEDO's system or network.
5. METTLER TOLEDO Does Not Endorse Websites Linked to Its Site.
METTLER TOLEDO may establish links between this Site and one or more websites operated by third parties. METTLER TOLEDO has no control over any such websites or the contents therein. The existence of any such links shall not constitute an endorsement by METTLER TOLEDO of such websites, the contents of the websites, or the operators of the websites.
6. Transmissions To And From This Site Are Not Confidential.
Transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. Any transmission to this Site shall be deemed and will remain the property of METTLER TOLEDO following transmission. METTLER TOLEDO shall be free to use, for any purpose, any of your ideas, concepts, know-how, or techniques provided to METTLER TOLEDO through this Site.
7. METTLER TOLEDO Does Not Guaranty The Availability Of Products and Services In All Countries.
METTLER TOLEDO provides access to data that may contain references or cross references to METTLER TOLEDO products and services that may not be available, or readily available, in your country. Such reference does not imply that METTLER TOLEDO intends to market such products or services in your country.
8. METTLER TOLEDO Does Not Guaranty The Privacy or Accuracy Of Information Obtained Through Interactive Areas.
METTLER TOLEDO may provide Interactive Areas (7) on the Site. If you use any of the Interactive Areas, you are solely responsible for your communications and the consequences of posting those communications. METTLER TOLEDO does not assume any responsibility for the truthfulness, accuracy, or reliability of any material posted on any of the Interactive Areas. METTLER TOLEDO does not assume any responsibility for the consequences of any of the communications posted on or arising from postings on any of the Interactive Areas.
In consideration for being allowed to use the Interactive Areas, you agree not to engage in any of the activities listed in Section 13. You also agree not to impersonate any other person.
METTLER TOLEDO reserves the right to record the dialogue in the Interactive Areas but is not obligated to do so. METTLER TOLEDO does not screen communications in advance and is not responsible for screening or monitoring material posted by you or any other person or entity. METTLER TOLEDO reserves the right to remove or edit communications which are abusive, illegal, disruptive, or that otherwise violate Section 13 herein; however, METTLER TOLEDO shall not be obligated to do so.
METTLER TOLEDO reserves the right to monitor, edit, or disclose anything you post on the Interactive Areas if (i) you fail to adhere to the Terms and Conditions, (ii) it is required in the course of normal operation and maintenance of the Site, or (iii) METTLER TOLEDO is required to do so by law or in the good faith belief that such action is necessary to:
(a) comply with the law or with legal process served on METTLER TOLEDO;
(b) protect and defend the rights of METTLER TOLEDO or others; or
(c) protect the personal safety of users of the Site or the public.
In any event, however, METTLER TOLEDO shall not be obligated to monitor, edit, or disclose anything.
METTLER TOLEDO HAS NO LIABILITY OR RESPONSIBILITY TO YOU, OTHER USERS OF INTERACTIVE AREAS, OR ANY OTHER PERSON OR ENTITY FOR THE PERFORMANCE OR NONPERFORMANCE OF THE SCREENING ACTIVITIES MENTIONED IN THIS SECTION 8.
9. METTLER TOLEDO May Remove Objectionable Material From The Website.
METTLER TOLEDO reserves the right, but is not obligated, to remove from the Site any materials it deems Objectionable (8). You agree that you will not seek recovery of Damages from nor institute any proceeding against METTLER TOLEDO, its Affiliates and/or its Contracted Parties (9) as a result of (i) information or communications made or posted by others on this Site and/or (ii) the use by third parties of this Site.
10. Your Access to This Website May Be Terminated If You Do Not Follow The Terms And Conditions Herein.
METTLER TOLEDO may, at its sole discretion, immediately terminate your access to the Site without notice should your conduct fail to conform to any provision of these Terms and Conditions. Termination may prevent confirmation or completion of outstanding and/or incomplete transactions. Some of the prohibited acts mentioned in these Terms and Conditions are also punishable by law.
11. You Are Solely Responsible for Your Conduct.
You agree that you are solely responsible for your actions and the content of your transmissions through or postings on the Site.
12. You Agree to Comply With All Rules of The Site.
You agree to comply with: (i) any and all regulations, policies, and procedures of the Site; and (ii) any and all applicable local, state, national, and international laws and regulations that relate to your use of or activities on the Site.
13. You Are Not Permitted to Use the Site For An Improper Purpose.
In using the Site, you agree not to:
(i) disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
(ii) disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
(iii) upload, post, or otherwise transmit through or on the Site any viruses or other harmful, disruptive, or destructive files or disabling devices;
(iv) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(v) transmit through or on the Site any spam, chain letters, junk mail, or any other type of unsolicited bulk e-mail to users or individuals that have not agreed to receive such mailings;
(vi) use another user’s account, service, or system without authorization from METTLER TOLEDO;
(vii) create or use a false identity on the Site;
(viii) attempt to obtain unauthorized access to the Site or portions of the Site which you are restricted from accessing;
(ix) extract, collect, or harvest, through electronic means or otherwise, any data or data fields from the Site including, without limitation, customer identities;
(x) post or otherwise disseminate on or through the Site:
(a) unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind;
(b) materials that infringe or violate any third party’s Proprietary Rights; or
(c) materials that are Objectionable or that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law or regulation;
(xi) use or attempt to use the Site as a vehicle to communicate with METTLER TOLEDO’s competitors, customers, or suppliers about price, supply, availability, terms of sale, or any other competitively sensitive topic.
14. METTLER TOLEDO May Terminate The Site.
At any time, METTLER TOLEDO may terminate, change, suspend, or discontinue any aspect of the Site, temporarily or permanently, without notice. METTLER TOLEDO is not obligated to continue to support or update the Site. METTLER TOLEDO may impose limits on certain features or services or restrict your access to parts or all of the Site in METTLER TOLEDO's sole discretion and without notice. YOU ACKNOWLEDGE AND AGREE THAT METTLER TOLEDO AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY IN THE EVENT THAT METTLER TOLEDO EXERCISES ANY OF THE RIGHTS IN THIS SECTION 14.
15. Your Use of This Site Does Not Create a Relationship With METTLER TOLEDO.
You acknowledge that you are not engaged in and shall not be deemed to be engaged in a partnership, joint venture, joint enterprise, or agency relationship of any kind or for any purpose with METTLER TOLEDO by virtue of your status as a user of the Site.
16. METTLER TOLEDO May Delegate Its Obligations Hereunder.
METTLER TOLEDO reserves the right to delegate and/or transfer any or all of its obligations under these Terms and Conditions to a third party. You may not delegate or otherwise assign any of your obligations and/or rights under these Terms and Conditions to any other person or entity without the prior written consent of METTLER TOLEDO.
17. METTLER TOLEDO May Make Modifications To The Site.
METTLER TOLEDO may at any time make modifications, changes, and/or alterations to the Contents of this Site, including these Terms and Conditions, without prior notice.
18. There Is An Established Governing Law For Disputes Under These Terms & Conditions.
These Terms and Conditions shall be governed by and construed in accordance with the law of Zurich, Switzerland, without regard to conflict of laws principles.
19. There Is An Established Venue For Disputes Under These Terms & Conditions.
Any controversy or claim arising out of or relating to these Terms and Conditions shall be exclusively subject to the jurisdiction of the Court of Commerce (Handelsgericht) in Zurich, Switzerland, and not to the jurisdiction of a court determined pursuant to the 1980 U.N. Convention on contracts for the international sale of goods, or any other law, treaty or convention.
20. METTLER TOLEDO May Require Arbitration of Disputes.
By using this Site, you agree that METTLER TOLEDO, at its sole discretion, may require you to submit any Relevant Disputes arising from or concerning the use of this Site, or these Terms and Conditions, to final and binding arbitration conducted by one or more arbitrators appointed in accordance with the International Rules of Arbitration of the American Arbitration Association (“Rules”). Despite these Rules, however, such proceeding shall be governed by the laws of Zurich, Switzerland, without regard to the 1980 U.N. Convention on contracts for the international sale of goods, or any other law, treaty or convention. METTLER TOLEDO may require arbitration despite the venue provisions of Section 19.
Any award in an arbitration initiated under this Section 20 shall be limited to monetary damages and shall not include an injunction. Further, in any arbitration initiated pursuant to this Section 20, the arbitrator(s) shall be limited to an award of actual damages and shall not award punitive, consequential or other damages not measured by the prevailing party's actual damages (except as may be required by law).
21. These Terms & Conditions Are Severable.
In the event that any provision of these Terms and Conditions shall, in whole or in part, be determined to be invalid, unenforceable, or void for any reason, the remainder of the Terms and Conditions shall not be affected in any way thereby.
22. The Waiver of One Provision by METTLER TOLEDO Does Not Waive Any Other Provision.
If METTLER TOLEDO waives one of its rights, terms or provisions under these Terms and Conditions, it cannot and will not be inferred that METTLER TOLEDO, as a result, also waives any one or more other rights, terms, or provisions under these Terms and Conditions. This will not be inferred at the time of METTLER TOLEDO’s waiver nor at any other time.
(1) “Contents” includes but is not limited to all information, names, images, news, pictures, logos, icons, documents, case studies, product reviews/descriptions, overall appearance and materials found on the Site
(2) “Affiliates” includes all subsidiaries, affiliates, contractors, agents, employees, owners, officers, and directors
(3) “Damages” includes but is not limited to all losses and all direct, indirect, incidental, special, consequential and punitive damages arising under a contract, tort or other theory of liability (including reasonable legal and accounting fees and expenses)
(4)“Claims” are any actions, demands, and/or claims of right of any person or entity, including personal injury and death, regardless of whether they arise out of or are attributable to any act or omission, negligent or otherwise of METTLER TOLEDO and/or its Affiliates
(5) “Proprietary Rights” includes but is not limited to, copyrights, trademarks, servicemarks, patents, and other intellectual property
(6) “Designated Agent” means:
David E. Kirtley
General Counsel, Americas
1900 Polaris Parkway
Columbus, Ohio 43240
By Fax: +1 614-438-4870
By E-mail: David.Kirtley@mt.com
(Please include "Notice of Infringement" in the subject line.)
(7) “Interactive Areas” include chat rooms, news groups, bulletin boards, and other interactive forums
(8) “Objectionable” means, without limitation, anything that evidences bigotry, racism, sexism, or hatred that promotes illegal activities or physical harm, all as determined by METTLER TOLEDO
(9) “Contracted Parties” are parties with whom METTLER TOLEDO has contracted for purposes of hosting or maintaining this Site