Terms & Conditions
The Website is provided by JAVAD EMS INC and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to use the Website.
JAVAD EMS INC Privacy Notice
The JAVAD EMS INC Privacy Notice governs the use of information collected from or provided by You at the Website. With respect to any individual whose personal information is provided by You to JAVAD EMS INC, You represent to JAVAD EMS INC that You have obtained all necessary consents for the processing of such personal information contemplated by the Services You are using and by the JAVAD EMS INC Privacy Notice, including the transfer of such data to the United States or other countries whose laws may not provide the same level of protection for the personal data as the laws of the country of origin of such individual.
License and Ownership
JAVAD EMS INC grants You a limited, personal, nontransferable, non-sublicensable, revocable license to (a) access and use only the Website, Content and Services only in the manner presented by JAVAD EMS INC, and (b) access and use the JAVAD EMS INC computer and network services offered within the Website (the “JAVAD EMS INC Systems”) only in the manner expressly permitted by JAVAD EMS INC. Except for this limited license, JAVAD EMS INC does not convey any interest in or to the JAVAD EMS INC Systems, information or data available via the JAVAD EMS INC Systems (the “Information”), Content, Services, Website or any other JAVAD EMS INC property by permitting You to access the Website. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of JAVAD EMS INC. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way, unless expressly permitted to do so by JAVAD EMS INC.
Restrictions on Use of the Website
(a) You shall not disguise the origin of information transmitted through the Website.
(b) You will not place false or misleading information on the Website.
(c) You will not use or access any service, information, application or software available via the Website in a manner not expressly permitted by JAVAD EMS INC.
(d) You will not input or upload to the Website any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Website or Information or that infringes the Intellectual Property (defined below) rights of another.
(e) Certain areas of the Website are restricted to customers of JAVAD EMS INC.
(f) You may not use or access the Website or the JAVAD EMS INC Systems or Services in any way that, in JAVAD EMS INC’s judgment, adversely affects the performance or function of the JAVAD EMS Systems, Services or the Website or interferes with the ability of authorized parties to access the JAVAD EMS INC Systems, Services or the Website.
(g) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of JAVAD EMS INC.
Links to Other Parties’ Content
For your convenience, certain hyperlinks or features may be provided on the Website that link to other applications or websites which are not under the control of JAVAD (the “Linked Content”). JAVAD does not endorse or sponsor any Linked Content and is not responsible for the availability, accuracy, substance, or any other aspect of the Linked Content. JAVAD disclaims all liability for such Linked Content, for all access to and use thereof, and for use of the links to such Linked Content. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party.
Your use of other applications or websites, and any purchases of products or services, volunteering of time or services, or making of charitable contributions through other websites, is subject to the terms and conditions of such other applications or websites. You agree that you will bring no suit or claim against JAVAD, and JAVAD has no obligation to participate in, arising from or based upon any such use of other applications, websites, or materials contained therein (including without limitation the Linked Content). JAVAD has no responsibility for information provided to third parties through the Website, including without limitation through any Linked Content. Hyperlinks to such Linked Content on the Website do not imply that: (a) JAVAD is affiliated or associated with any Linked Content; (b) JAVAD is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in connection with or accessible through such links; or (c) any Linked Content is authorized to use any trademark, trade name, logo, or copyright symbol of JAVAD.
You agree that JAVAD EMS INC, in its sole discretion, may terminate or suspend Your use of the Website, the JAVAD EMS INC Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Website, and (b) destroy any copies You have made of any portion of the Content. Accessing the Website, the JAVAD EMS INC Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that JAVAD EMS INC shall not be liable to You or any third party for any termination or suspension of Your access to the Website, the JAVAD EMS INC Systems, Information and/or the Services.
Disclaimer of Warranties
JAVAD EMS INC MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEBSITE, THE JAVAD EMS INC SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
Limitation of Liability
Compliance with Law Including Export Control
You agree to use the Website in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of JAVAD EMS INC, negatively reflect on the goodwill or reputation of JAVAD EMS INC and shall take no actions which would cause JAVAD EMS INC to be in violation of any laws, rulings or regulations applicable to JAVAD EMS INC.
JAVAD EMS INC and the Website are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE, THE JAVAD EMS INC SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN SAN JOSE, STATE OF CALIFORNIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE JAVAD EMS INC SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
Governing Law and Language
Questions or comments regarding the Website may be submitted to JAVAD EMS INC Customer Service.