Davis Instruments Corp.: Terms of Use

Last Updated: December 12, 2007

Welcome to the Davis Instruments Corp. ("Davis") website. Please review the following basic terms that govern your use of and purchase of additional services from our website. Please note that your use of our website constitutes your agreement to follow and be bound by these terms (the "Agreement"), as well as the terms set forth in our Privacy Policy. If you do not agree to all of these terms, please do not use the website.

GENERAL

We may from time to time change the terms that govern your use of our website. You can tell if the Terms of Use have changed by checking the revision date that appears at the top of the Terms of Use. Your use of our website following any such change constitutes your agreement to follow and be bound by the terms as changed.

We may reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

WEBSITE CONTENTS

Unless otherwise noted, all materials, including images, data, text, illustrations, designs, icons, photographs, video clips, and other materials that appear as part of this website (collectively, the "Contents") are owned or licensed by Davis. The Contents, all Davis corporate and product trademarks, symbols, and website(s) as a whole are protected by United States and international laws, including, but not limited to copyright, trademark, trade dress and/or other intellectual property laws. No right, title or interest in any of the Contents is transferred to you as a result of your use of the website. Davis reserves all rights not expressly granted in and to the website and the Contents.

The Contents of our website, and the website as a whole, are intended solely for personal, noncommercial use (other than for the purchase of merchandise from our site) by the users of our website. You may not use the website or its Contents for any resale or commercial purpose. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of product listings, descriptions, or prices. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the website, or any related software. Any unauthorized use terminates the permission or license granted by Davis.

CHANGED PRODUCT FEATURES AND TERMS

Davis has the right at any time to change or discontinue any aspect or feature of the website/services offered by Davis, including, without limitation, the Content, hours of availability, the equipment needed for access, or use of the service, or the service itself. Davis also has the right at any time to change or modify the terms and conditions applicable to use of the service/site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use for services that are currently free or adding or removing data upload partners, including, but not limited to, CWOP, GLOBE and any others. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on www.davisnet.com or any other Davis website, or by electronic or conventional mail, or by any other means. Any use of the software or services by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

USER COMMENTS, FEEDBACK, DATA AND OTHER SUBMISSIONS

All comments, feedback, data, content, suggestions, ideas, and other submissions disclosed, submitted or offered to Davis on or by this website or otherwise disclosed, submitted or offered in connection with your use of this website (collectively, "Input") shall be and remain Davis's property. Such disclosure, submission or offer of any Input shall constitute an assignment to Davis of all worldwide right, title and interest in and to such Input, including, but not limited to, all copyrights, privacy and other intellectual property rights. Thus, Davis will own exclusively all such Input and shall not be limited in any way in its use, commercial or otherwise, of any Input. Davis is and shall be under no obligation (1) to maintain any Input in confidence; (2) to pay to user any compensation for any Input; or (3) to respond to any user Input.

You agree that no Input submitted by you to the website will violate any right of any third party, including, but not limited to, copyrights, privacy and other intellectual property rights. You further agree that no Input submitted by you to the website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Input you make.

OUR COMMUNICATIONS TO YOU

Davis may send electronic mail to you for the purpose of advising you of changes or additions to this website, about any of Davis's products or services, or for such other purpose(s) as Davis deems appropriate, unless you have directed us not to contact you with such communications. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Product Information

Most Davis products displayed at the site are available at select Davis retailers in the United States. In some cases, merchandise displayed for sale at the site may not be available in stores. The prices displayed at the site are quoted in U.S. Dollars and are valid and effective only in the United States. For international orders, we reserve the right to direct your order to one of our international distributors for order fulfillment.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this website contains links to outside services and resources, the availability and content of which Davis does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource. Accordingly, we encourage you to be aware when you leave our website and to read the terms and conditions and privacy policy of each other website that you visit.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL CONTENTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DAVIS AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DAVIS AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

DAVIS AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

INACCURACY DISCLAIMER

From time to time there may be information on the website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

INDEMNIFICATION

You agree to defend, indemnify and hold Davis harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the website.

YOUR ACCOUNT

In order to access some features of the website, you will have to create an account. You may never use another person's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Davis immediately of any breach of security or unauthorized use of your account. Although Davis will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Davis or others due to such unauthorized use.

MISCELLANEOUS

Unless otherwise specified and except to the extent Davis products are offered for sale in the United States through this website, this website and the Contents thereof are displayed solely for the purpose of promoting Davis's products and services available in the United States.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Alameda and/or the Northern District of California.

TERMINATION

This Agreement is effective unless and until terminated by either you or Davis. You may terminate this Agreement at any time. Davis also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the website, if in Davis's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Davis, you must promptly destroy all materials downloaded or otherwise obtained from this website, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.