1. GRANT OF LIMITED LICENSE
2. USER CONDUCT
2.2 Use Restrictions.
2.2.2 No Competitors. You cannot access Accudyne Industries if you are a competitor of Accudyne Industries or any of its affiliates. You must not permit or attempt to permit any competitor of Accudyne Industries or any unauthorized third party to access, view, interact with, evaluate, or otherwise use Accudyne Industries, whether on behalf of you or any third party.
2.3 Confidentiality. “Confidential Information” means all information and data regarding Accudyne Industries or Accudyne Industries that is identified as confidential and proprietary or that you should reasonably know is confidential by the nature of its disclosure. You must not disclose Confidential Information to third parties and must protect any Confidential Information with the same degree of care as you use to protect your own confidential information, but in no event less than a reasonable degree of care. You represent and warrant that you will not use, reveal, relay, expose, make known, or provide any Confidential Information you receive through Accudyne Industries to any third parties (even to those third parties who already have access to the Confidential Information) for any purpose, including but not limited to leveraging lower prices from suppliers.
2.5 Compliance with Laws. In using Accudyne Industries, you must comply at all times with all applicable laws, rules, and regulations. You agree that you will not transfer or export Accudyne Industries into any country or use Accudyne Industries in any manner prohibited by the U.S. Export Administration Regulations or any other applicable export control law, restriction, or regulation.
3. THIRD-PARTY CONTENT
Certain links provided on this site will launch Internet sites that are not under the control of Accudyne Industries. Accudyne Industries provides these outside links solely as a convenience to its users and the provision of any such link is not an endorsement by Accudyne Industries of that site or any of the contents, products, or services contained or offered therein. Accordingly, Accudyne Industries makes no representations or warranties whatsoever concerning availability of or content, including sub-links, found on those sites.
4. INTELLECTUAL PROPERTY
4.2 Feedback and Output. From time-to-time, Accudyne Industries may seek or you may offer comments, input, or ideas regarding your use of Accudyne Industries or Accudyne Industries’s features and functionality generally (“Feedback”). In addition, you will likely develop some output using Accudyne Industries, including but not limited to creating custom reports (“Output”). Accudyne Industries welcomes your Feedback regarding Accudyne Industries and encourage you to use all the functions available in Accudyne Industries to create Output. Any Feedback that you give to us (either oral or written) or any Output that you develop using Accudyne Industries is Accudyne Industries’ exclusive property. Your submission of any Feedback or development of any Output constitutes an assignment to Accudyne Industries of all rights, title, and interest in all copyrights or intellectual property rights in the Feedback or Output. Accudyne Industries may use, distribute, manipulate, disclose, publish, or reproduce any Feedback or Output related to your use of Accudyne Industries, without notice or compensation to you.
4.3 Navigational Data. From time-to-time, Accudyne Industries may use technical methods to track and analyze traffic patterns on Accudyne Industries, such as the frequency with which you and other users are visiting various parts of the application. Accudyne Industries may also use tools to measure and collect session information, including page response time, download errors, length of visits, etc. Accudyne Industries may use this information or employ a third party to help Accudyne Industries analyze this information to measure site activity, develop new ideas for improving Accudyne Industries, and for its business purposes.
4.4 Marks. You must not remove, alter, deface, obscure, or otherwise modify any of Accudyne Industries’ Marks that are displayed on Accudyne Industries or any Output, whether those Accudyne Industries Marks are displayed or otherwise rendered by software or on printed media. In addition, you must not adopt or otherwise use any Marks containing confusingly similar names, designs, or other indicia to Accudyne Industries’ Marks nor dilute Accudyne Industries’ Marks in any manner. “Marks” means all proprietary indicia, trademarks, trade names, symbols, logos, or brand names Accudyne Industries adopts to identify Accudyne Industries, its products, or any related parties.
4.5 IP Rights. Accudyne Industries retains title and all other ownership and proprietary rights in and to its IP Rights, and any and all derivative works based on the IP Rights. This ownership and IP Rights include any and all rights in and to patents, trademarks, copyrights, and trade secret rights. The IP Rights are not “work made for hire” within the meaning of U.S. Copyright Act 17 U.S.C. Section 101. You must not copy or reproduce all or any part of the IP Rights, whether electronically, mechanically, or otherwise, in any form including, but not limited to, the copying of data, presentation, style, or organization. “IP Rights” mean Accudyne Industries and all source code, object code, documentation (whether electronic, printed, written or otherwise), working papers, non-client data, programs, diagrams, models, drawings, flow charts, and research (whether in tangible or intangible form or in written or machine-readable form), and all techniques, processes, inventions, knowledge, know-how, trade secrets (whether in tangible or intangible form or in written or machine-readable form), developed or provided by Accudyne Industries.
5.1 Security Protections. Accudyne Industries’s security controls and practices are designed to protect the confidentiality, integrity, and availability of data that is hosted. These practices are aligned with the ISO/IEC 27002 Code of Practice for information security controls, from which a comprehensive set of controls are selected. Your access to Accudyne Industries is through a secure communication protocol provided by Accudyne Industries.
5.2 Backup Your Content. You must back up, to your own computer or other device, any data or other content that you input into via Accudyne Industries. Accudyne Industries does not guarantee or warrant that any content you input or access through Accudyne Industries will not be subject to inadvertent damage, corruption, or loss.
7. QUOTES. Any quotes prepared through Accudyne Industries are estimates based on the data entered by you into Accudyne Industries. We reserve the right to change pricing, delivery times, and other terms if the data entered is incorrect or changes. All quotes are subject to our standard terms and conditions located at http://www.Accudyne Industries.com/Terms-and-Conditions-of-a-Sale and subject to the specifications set forth on any order. ANY QUOTE IS EXPRESSLY LIMITED TO AND EXPRESSLY MADE CONDITIONAL ON YOUR ACCEPTANCE OF THE FOREGOING TERMS AND CONDITIONS WHICH ARE INCORPORATED HEREIN BY REFERENCE. ACCUDYNE INDUSTRIES OBJECTS TO ANY DIFFERENT OR ADDITIONAL TERMS. ACCUDYNE INDUSTRIES RESERVES THER RIGHT TO CHANGE THE TERMS AND CONDTIONS AT ANY TIME WITHOUT NOTIFICATION.
8.2 Effect of Termination. Upon termination, Accudyne Industries will disable your username and password. You must not attempt to access or use Accudyne Industries or represent in any form that you have access to Accudyne Industries.
9. ASSIGNMENT AND SUCCESSORS
Accudyne Industries may assign any of its rights or obligations under this License. You may not assign any of your rights or obligations under this License without Accudyne Industries’ prior written consent, and any purported assignment by you without Accudyne Industries’ prior written consent is void. Subject to the previous sentence, this License will be binding upon, enforceable by, and inure to the benefit of the parties and their respective successors and assigns.
10. NO WARRANTIES
ACCUDYNE INDUSTRIES AND ITS CONTENTS ARE PROVIDED “AS IS” AND “WHERE IS”, WITHOUT ANY WARRANTIES OF ANY KIND. ACCUDYNE INDUSTRIES DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS, OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO ACCUDYNE INDUSTRIES OR OTHERWISE REGARDING THIS LICENSE, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. BROADLANE DOES NOT GUARANTEE OR WARRANT THE COMPLETENESS, ACCURACY, SUITABILITY, QUALITY, OR CURRENCY OF ACCUDYNE INDUSTRIES OR THAT YOUR USE OF ACCUDYNE INDUSTRIES WILL BE UNINTERRUPTED OR FREE FROM HACKING ATTACKS, VIRUSES, OR OTHER MALFUNCTIONS. USE OF ACCUDYNE INDUSTRIES IS AT YOUR OWN DISCRETION AND YOUR SOLE RISK. ACCUDYNE INDUSTRIES makes no representation or warrantY whatsoever with respect to the compatibility of ACCUDYNE INDUSTRIES or any future releases with any computer hardware or software, nor does ACCUDYNE INDUSTRIES represent or warrant the continuity of the features provided by or through ACCUDYNE INDUSTRIES between various releases.
11. LIMITATION OF LIABILITY
ACCUDYNE INDUSTRIES HAS NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR INACCURACIES IN ACCUDYNE INDUSTRIES THAT COULD CAUSE FAILURES, CORRUPTION, OR LOSS OF DATA OR INFORMATION OR ANY OTHER DAMAGE TO YOUR SYSTEMS. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF ACCUDYNE INDUSTRIES, INCLUDING WITHOUT LIMITATION, COSTS INCURRED FOR THE USE OF OR ANY DAMAGE TO YOUR COMPUTERS, EQUIPMENT, DEVICE, PERIPHERALS, SOFTWARE, DATA, OR INFORMATION.
12. International Users and Jurisdiction. This site is maintained and controlled by Accudyne Industries in the State of Illinois United States of America. Accudyne Industries makes no representation that materials on this site are appropriate or available for use at other locations outside of the United States and access to this site from territories where this site’s contents are illegal is prohibited. If you access this site from locations outside the United States, you are responsible for compliance with all local laws. The laws of the State of Colorado shall govern the content and use of this site, without giving effect to any of the conflict of law principles or rules thereof. Information contained in this website may be subject to U.S. government export controls. This information is subject to all laws, regulations and administrative acts, now or hereafter in effect of the U.S. government regarding the exportation and/or re-exportation of information. The recipient of this information acknowledges that they will be responsible for compliance as necessary with such laws, regulations and administrative acts. Prior to the disclosure of information presented on this website to any foreign national, the recipient will obtain any such approvals in a manner consistent with the terms and conditions of this agreement.
13. SURVIVING PROVISIONS
Sections: 2.5 (Confidentiality), 3 (Content-Specific Terms and Third-Party Content); 4 (Intellectual Property), 10 (Surviving Provisions); and Exhibit A will survive any termination or expiration of this Agreement and continue in full force and effect.
Version Release: 10.18.2017