Terms of Access


TERMS OF ACCESS

The following are terms of a legal agreement between any user ("you" or "User") of this website or database, and Kaiser Optical Systems (Kaiser). By accessing, browsing, and using this website or database, you acknowledge having read, understood, and hereby agree to be bound by these terms and conditions, as modified or amended from time to time and each time you access the website or database, you reconfirm your agreement. If you do not agree to these terms and conditions, you may elect not to access the website or database. This Agreement is effective from the day you initially access the database or website until such time as you cease to be an authorized User, supplier, or customer of Kaiser.

  1. Definitions. For purposes of this Agreement, the following definitions shall apply:

    (i) Website. The website means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files, and other technology inherent in any Kaiser World Wide Website.

    (ii) Database(s). The database means all information accessible from Kaiser through the website, which may include, but is not limited to, data structures, technical and other specifications, pricing, advice, and other data and information. All data and other information available on the database(s) may be proprietary, confidential, and the sole property of Kaiser or third parties licensing such information to Kaiser.
     

  2. Security. Reasonable precautions have been exercised in establishing this website or databases in order to prevent unauthorized use or tampering with your Customer or Supplier files. In order to gain access to certain applications through the website or databases, you will need to complete and submit an Enrollment or Registration Application. The Application should be completed and submitted in accordance with instructions that are included or linked to the Application. Once we have received your completed Enrollment or Registration Application, and verified the accuracy of its contents, we will send you confirmation of our acceptance of your enrollment, along with your assigned login ID and temporary password ("access codes"). You must have a valid user ID and password to access the website or database's secure areas. For security purposes it is recommended that you change your password upon your initial login to the system. You determine what password you will use and the identity of your password is not communicated to us. Upon repeated consecutive unsuccessful attempts to use your password, your access to the system may be revoked. To re-establish your authorization to use the system, you must contact us to have your password reset or to obtain a new temporary password. You accept all responsibility for the security of your user ID and password, and utilization of the website or databases via the access codes. This includes unauthorized access by you or third parties, except for access by third parties resulting from Kaiser's sole negligence. Notify Kaiser immediately if you wish to terminate your user ID and password or have these access codes reissued. Do not disclose your access codes to anyone not authorized to act on your behalf. In the event of theft or loss of a password or User ID, you shall immediately notify Kaiser.
     
  3. License. Access to the website and/or the databases is not sold, but licensed to you for your internal use in your ordinary course of business for your review, selection, order preparation, and support of products sold by you to Kaiser or purchased by you from Kaiser. This license is for the period beginning with your acceptance of these Terms of Access until termination by you for failure to maintain authorized User, Customer, or Supplier status; is non-transferable and non-exclusive; and is for use only by you and only in accordance with these Terms of Access and any documentation provided to you or available on-line from time to time. You may NOT, except as otherwise provided in the documentation or on-line (a) copy any of the website or databases; (b) distribute, rent, sublicense, or otherwise transfer or disclose, or transmit the website or databases electronically to any person or entity; (c) modify, translate, merge, or prepare derivative works of the website or databases; or (d) use any of the website or databases for other purposes not specified in these Terms of Access or the documentation. You may not decompile, disassemble, probe, or otherwise reverse engineer the databases or the website.
     
  4. Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on the website or databases are registered and unregistered Trademarks of Kaiser and others. Nothing on the website or databases should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website or databases, without the written permission of the Trademark owner. Trademarks of Kaiser may not be used in any way, without prior written permission of Kaiser. Kaiser prohibits use of any Kaiser Trademark as a "hot" link to this website or any Kaiser databases without prior written permission of Kaiser.
     
  5. Copyrights. The copyright in all material provided on the website or databases is held by Kaiser or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Kaiser or the copyright owner. You also may not, without prior written permission from Kaiser, "mirror" any material contained within this website or databases or any other site.
     
  6. Equipment. You, at your own expense, shall obtain, maintain, and operate suitable equipment, communication devices, and services required to access the website and databases. You must have, at a minimum, access to Internet service and an email address. You can access the system seven days a week, twenty-four hours a day, although some or all system services may not be available occasionally due to emergency or scheduled system maintenance. We will use reasonable efforts to post notice of any extended periods of non-availability to the website or databases.
     
  7. Disclaimer of Warranty: Limitation of Remedies. Kaiser is licensing the databases and website "AS IS" and "AS AVAILABLE." You acknowledge that the website and/or databases are licensed for use by you as a convenience for you in communicating with Kaiser. You assume total responsibility and risk for your use of the databases and website and your use of the Internet. KAISER HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SOFTWARE, WEBSITE OR INFORMATIONAL DATABASES. IN NO EVENT SHALL KAISER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION. Additional Disclaimers may be contained in the software, website, and database.
     
  8. Controlling Law. This Terms of Access and your use of the website or databases are governed by the laws of the State of Michigan, USA (excluding the State of Michigan’s choice of law rules and excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods) and applicable federal laws of the United States. The venue for any disputes arising out of this Agreement shall be, at Kaiser's sole and exclusive option, the courts with proper jurisdiction at Kaiser's corporate headquarters, or the courts with proper jurisdiction at your location. Kaiser specifically disclaims the applicability of the United Nations Convention on Contracts for the International Sale of Goods and it shall not be construed as applying to any conduct or transaction performed as a result of entering into this Agreement or accessing information through the website or database.
     
  9. Prohibited Uses. You agree that you shall not use the databases or website to do any of the following: (i) restrict or inhibit any other user from using and enjoying the Internet, website, or databases; (ii) post or transmit any unlawful, illegal, obscene, or pornographic information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law, including, without limitation, the U.S. Export Control laws and regulations; (iii) knowingly post or transmit any information, software, or malware which contains a virus, worm, Trojan horse, or other harmful component; (iv) upload, post, publish, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit any information, software, or other material obtained through the website or databases which is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
     
  10. Indemnity. You agree to defend, indemnify and hold Kaiser and its affiliates, and its and their directors, employees and agents harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees related to or arising from (a) the use of the databases or website or the placement or transmission of any message, information, software, or other material on the website by you; (b) negligent acts or omissions by you in connection with the installations, use or maintenance of the databases, or website; (c) claims for infringement of patents arising from the use of the databases or website by you, (d) misuse of Trademarks; and (e) claims of copyright infringement resulting from the use of the databases or website by you.
     
  11. Export. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations - including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Kaiser to either a foreign national or a foreign destination in violation of such laws. You agree to defend and indemnify Kaiser for any and all penalties, fines, or sanctions that may be imposed by any government agency that are attributable to your violation of applicable laws or statutes.
     
  12. Monitoring. Kaiser may elect to electronically monitor your use and access and may disclose its findings or records of such use (i) to satisfy any law, regulation, or government request, or (ii) to protect the rights or property of Kaiser, its Users, Sponsors, Providers, Licensors, or Merchants.
     
  13. Termination and Modification. Kaiser may terminate User access, or suspend any User's access to all or part of website or databases without notice, for any conduct that Kaiser, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User or Licensor to Kaiser. Upon termination for whatever reason, your right to use or possess any information obtained from the website or database will immediately terminate and you will promptly destroy all copies, electronic or otherwise, that you have in your possession by operation of this Terms of Access. Kaiser may elect to update, modify, change, or terminate all or any part of the website or databases. Additionally, Kaiser may modify this Agreement from time to time. Any amendments or modifications may be provided to you through on-line notice. You agree that use of, or access to the website or databases after you have received, or should have received, notice of modifications or amendments to this Agreement will constitute acceptance of all such modifications or amendments.
     
  14. Access Only. The terms of this Agreement are applicable only to your electronic access and associated use of Kaiser's website and/or database(s). All purchases, or other transactions between you and Kaiser, including those which you may enter into via electronic methods, are governed by and subject to their respective terms and conditions and not by the provisions of this Agreement.
     
  15. Links to Third Party Sites. The website or databases may contain links to third-party sites. The linked sites are not under the control of Kaiser, and Kaiser is not responsible for the contents of any linked sites, any link contained in a linked site, any changes or uploads to such linked sites, or any transmission from any linked site. Kaiser provides these links to third-party sites only as a convenience, and the inclusion of any link does not imply endorsement by Kaiser of the site.
     
  16. Notices. Any consent, notice, or report required or permitted to be given or made under this Terms of Access by one party to the other party shall be in writing and delivered to the other party at its address indicated below, or to such other address as the addressee shall have last furnished in writing to the addressor. Any such consent, notice, or report shall be effective upon receipt by the addressee.

    If to User, as specified in your Enrollment or Registration Application.

    If to Kaiser, contact Kaiser and request an Administration Manager – http://www.kosi.com/contact.php
     
  17. Miscellaneous. Users may not use website or databases to send unsolicited advertising, promotional material, or other forms of solicitation to other Users except in those specified areas that are designated for such a purpose. It is a crime to use a false name or a known invalid credit card to order. Anyone caught willfully entering an erroneous or fictitious order will be prosecuted. Each electronic entry carries the computer coding of the Internet provider through which the individual User can be traced.
     
  18. Survival of Obligations. The obligations concerning protection of confidential information and use of information shall survive termination of this Agreement.
     
  19. Waiver and Severability. Failure to enforce any of the provisions of this Terms of Access will not be construed as a waiver of such provisions. If any of the provisions of this Terms of Access are held unlawful or otherwise ineffective by a court of competent jurisdiction, the remainder of the Agreement will remain in full force.
     
  20. Remedies. In the event of your violation of this Terms of Access, such as accessing or using Proprietary Information or Restricted Materials outside the scope of the license granted in Article 3, Kaiser shall be entitled, in addition to any other rights or remedies which it may have at law or in equity, to seek specific performance or injunctive relief.
     
  21. Entire Agreement. This Terms of Access contains the entire agreement between the parties with respect to accessing the website or databases of Kaiser.

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TRADEMARK DISCLAIMER

RamanRxn Systems™, RamanRxn1™, RamanRxn2™, RamanRxn3™, RamanRxn4™, Raman WorkStation™, Pilot™, AirHead™, WetHead™, Invictus™, HoloSpec™, HoloLab™, HoloPlex™, HoloMap™, HoloPro™, HoloWell™, HoloReact™, Analyzer Control™, UltraSpec™, Notch-Plus™, and SuperNotch-Plus™ are trademarks, and SuperNotch® is a registered trademark of Kaiser Optical Systems, Inc. All rights reserved.

iC Raman™, iControl™, iC IR™, and iC FBRM™ are trademarks of METTLER TOLEDO AutoChem, Inc.

Windows® is a registered trademark of Microsoft Corporation in the United States and other countries.

Intel® and Pentium® are registered trademarks of Intel Corporation or its subsidiaries in the United States and other countries.

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COOKIE STATEMENT

What is a Cookie?

A cookie is either a small text file that is stored on your hard drive, or some information that is stored in memory until you close your browser. The website of Kaiser Optical Systems, Inc. may save information on your system in the form of a cookie to allow a personalized browsing experience, access to a secure implementation, or to better track usage of our site.

There is some concern that cookies can access and read other areas of your hard drive, or that personal information about you can be read by websites. Web pages that write and read cookies can only interact with the cookie file(s) for your browser and a cookie can only be accessed by the same domain server that sent it.

How does it help me?

Some of our statistics programs will issue you a cookie when you first come to our site and then use that information to allow us to gather more detailed information about activity on our site. Instead of using an arbitrary amount of inactivity time to signal the end of a visit, activity from the same cookie is considered a visit. We cannot determine your name or other personal information from the statistics cookies. It does provide us with much better information about which areas of our site are popular or not so popular, navigation routes, etc. This information together with other customer feedback is used to help us prioritize our development efforts and continuously improve our website to meet your needs.

Kaiser recognizes our users' privacy concerns and will only use cookies as an enabling tool. You may choose to reject cookies either outright, or on a case-by-case basis using the instructions for your specific browser. However, in a few cases this may cause the website to function incorrectly, or not at all.

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PRIVACY STATEMENT

Personal Information

There are times when we may need information from you or our website may require you to complete a registration form. Our goal in collecting this personal information is to offer you a more personalized browsing experience. When you let us know your preferences we will be able to deliver or allow you to access the most relevant information that meets your needs.

To extend this personalization experience, the website of Kaiser Optical Systems, Inc. may save information on your system in the form of a cookie. (For further explanation see 'cookies.')

Kaiser will not share e-mail addresses with anyone outside Kaiser, nor disclose user information to any third party.

Contact Us

We use e-mail links to allow you to contact us directly with any questions or comments you may have. This information is used to respond directly to your questions or comments. This information may be filed and used to help us prioritize our development needs, and continuously improve our website to meet your needs.

Business Relationships

In working with our business associates, we require strict contractual obligations, which ensure that your information is safeguarded. The website of Kaiser Optical Systems, Inc. contains links to other websites. Kaiser is not responsible for the privacy practices, copyright, or content of such sites.

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