Welcome to the website operated by Brooks Instrument, LLC (“Brooks Instrument,” “we,” “us,” or “our”). This Website (the “Brooks Instrument Website” or the “Website”) provides general information about Brooks Instrument, and its products, free of charge to our users.
Use of the Website
You agree to use the Brooks Instrument Website only for lawful purposes:
- Specifically you agree not to do any of the following: (1) upload to or transmit on the Brooks Instrument Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Brooks Instrument Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Brooks Instrument Website any advertisements or solicitations of business; (6) restrict or inhibit use of the Brooks Instrument Website by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Brooks Instrument Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Brooks Instrument Website); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Brooks Instrument Website, or which, as determined by Brooks Instrument, may harm Brooks Instrument or users of the Brooks Instrument Website or expose them to liability.
- Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Brooks Instrument Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Brooks Instrument, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Brooks Instrument. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Brooks Instrument, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Brooks Instrument Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Brooks Instrument Website. You grant to Brooks Instrument the right to use all content you upload or otherwise transmit to the Brooks Instrument Website in any manner Brooks Instrument chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
- Brooks Instrument reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Brooks Instrument Website which Brooks Instrument, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Brooks Instrument has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Brooks Instrument Website. However, Brooks Instrument can neither review all material before it is posted on the Brooks Instrument Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Brooks Instrument assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Brooks Instrument reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Brooks Instrument has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Brooks Instrument Website and may expose you to civil and/or criminal liability.
Copyright Restrictions/Use of Content
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Brooks Instrument or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Brooks Instrument Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Brooks Instrument. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of Brooks Instrument, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the Brooks Instrument Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Brooks Instrument or the applicable owner of such content. Except as expressly authorized by Brooks Instrument in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of this Website, (ii) access to this Website, or (iii) use of this Website or of any services or materials available through this Website.
The term “Brooks Instrument” is a trademark and the Brooks Instrument Beyond Measure logo and all related product and service names, designs and slogans are Brooks Instrument trademarks. You may not use such marks without Brooks Instrument’s prior written permission. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
Dealings with Third-Party Merchants
If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Brooks Instrument is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Brooks Instrument will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.
Liability of Brooks Instrument and Its Licensors
Brooks Instrument does not assume any liability for the materials, information and opinions provided on, or available through, the Brooks Instrument Website (the “Site Content”). Reliance on the Site Content is solely at your own risk. Brooks Instrument disclaims any liability for injury or damages resulting from the use of any Site Content.
THE Brooks Instrument WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER Brooks Instrument NOR ANY PERSON ASSOCIATED WITH Brooks Instrument MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE Brooks Instrument WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER Brooks Instrument NOR ANYONE ASSOCIATED WITH Brooks Instrument WARRANTS OR REPRESENTS THAT THE Brooks Instrument WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE Brooks Instrument WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE Brooks Instrument WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. Brooks Instrument DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL Brooks Instrument OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE Brooks Instrument WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE Brooks Instrument WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY Brooks Instrument AND WHETHER OR NOT Brooks Instrument HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES
Submission of Personally Identifiable Information to Brooks Instrument/Protection of Personal Information
Comments and Submissions
Brooks Instrument welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Brooks Instrument’s property, and you agree that all intellectual property rights therein are transferred to Brooks Instrument. You understand that any postings to publicly available portions of the Brooks Instrument Website are non-confidential for all purposes.
Links to Other Sites
The Brooks Instrument Website may contain links to other web sites on the Internet. Brooks Instrument is not responsible for and does not endorse the content, products or services of any third-party Websites, including, without limitation, sites framed within the Brooks Instrument Website or third-party advertisements, and Brooks Instrument does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such web sites.
U.S. Government Users
Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.
The owner of this Website is based in the Commonwealth of Pennsylvania, USA. Brooks Instrument makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
Contact/Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Brooks Instrument to locate the material;
- Information reasonably sufficient to permit Brooks Instrument to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You may direct copyright infringement notifications to us at:
Brooks Instrument, LLC
Attn: Global Marketing Communications
407 West Vine Street
Hatfield, PA 19440-0903 USA
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.