Terms and Conditions

Dickson Testing ("Dickson") welcomes you. The following Website User Agreement (the "Agreement") describes the terms and conditions on which Dickson Testing offers you access to this website (the "Service"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained in this Agreement. Please carefully review this entire Agreement. Your use of this site constitutes your binding consent to all such terms, conditions and notices contained or referenced herein.

IMPORTANT DISCLAIMER

All material included in our web site is for informational purposes only and intended only for the use of our clients. The information should in no way be taken as an indication of future results. The material contained herein is not offered as advice on any particular matter. Dickson Testing offers this site only as a convenience to our customers and disclaims all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this site. No customer or other reader should act or refrain from acting on the basis of any matter contained in this site. Dickson Testing is not responsible for any third party contents which can be accessed through the website. All material contained within this website has been created by Dickson Testing Laboratories and is maintained on a file server in San Diego, California, U.S.A.

COPYRIGHT AND REPRODUCTION NOTICE

Reproduction of part or all of the contents in any form is prohibited. The information herein may not be recopied and shared with a third party. The permission to recopy does not allow for incorporation of material or any part of it in any work or publication, whether in hard copy, electronic, or any other form.

Copyright Rights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on this service, and the selection, coordination, and arrangement of such content, are owned by Dickson or its third-party licensors, to the full extent provided under the United States Copyright Act and all international copyright laws.

Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Service for any purposes. Nothing stated or implied on the site confers on you any license or right under any copyright of Dickson Testing or any third party.

The Service and the information contained herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Service is strictly prohibited, without the prior written consent of Dickson.

Requests for permission to reproduce any information contained on this Service should be addressed to: Dickson Testing.

Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, and designs of all Dickson or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Dickson or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws.

The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on this Service confers on you any license or right under any patent or trademark of Dickson or any third party.

Modification of This Agreement

Dickson reserves the right to amend this Agreement at any time. All modifications and amendments will be posted on the Service. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms and Conditions to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. If at any time you do not wish to accept this Agreement, you may not use the Service.

Obligations

You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from Dickson. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement.

Prohibited Uses Generally

Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that:

  1. is copyrighted, unless you are the copyright owner;
  2. reveals trade secrets, unless you own them;
  3. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
  4. is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by Dickson in its sole discretion;
  5. is sexually explicit;
  6. constitutes surveys, contests, chain letters or pyramid schemes; or(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to:

  1. use any false or inaccurate biographical information or other information for purposes of registering as a user of the Service, or for purposes of registering for any promotions offered through the Service;
  2. delete or revise any material or other information of any other user or Dickson;
  3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
  4. take any action that imposes an unreasonable or disproportionately large load on the Service's infrastructure;
  5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on this site;
  6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service other than the search engine and search agents available from Dickson on the Service and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or
  7. allow any other person or entity to use your user ID or password for posting or viewing comments or sending or receiving materials;
  8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

You further agree not to:

  1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Service; or
  4. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Dickson will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Dickson Testing reserves the right to review postings on its Service, to remove any postings, and to terminate your ability to post to the Service at any time without notice, in its sole discretion. Dickson Testing also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

User ID, Password, Security

  1. Your User Identity. Your user ID and password will be your identity for purposes of interacting with Dickson Testing.

  2. User ID and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with this Agreement, your user ID and password for the Service. You shall immediately notify Dickson Testing if you learn of or suspect:
    1. any loss or theft of your user ID or password, or
    2. any unauthorized use of your user ID or password or of the Service. In the event of such loss, theft, or unauthorized use, Dickson Testing may impose on you, at Dickson Testing's sole discretion, additional security obligations.

  3. Security Breaches and Revision. If any unauthorized person obtains access to the Service as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief Dickson Testing. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

Privacy Policy

The information contained herein is proprietary information which is provided as a service to existing customers of Dickson Testing. Dickson Testing does not disseminate the information contained herein, nor does disseminate information provided by customers to third parties. You agree and consent to this policy.

Updating Your Information

If you need to update any of your online and/or off-line contact information, please send an email to info@dicksontesting.com or a letter to Dickson Testing, Atten: Quality Control.

Disclaimer of Warranties

This website is provided "as is". Dickson testing makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the website including any part thereof, or any website or other content or service that may be accessible directly or indirectly through the website.

Release of Liability

Neither Dickson Testing nor any third party shall be liable to you or any other person for any remedy, liablity, damages, costs or losses whatsoever relating in any way to the website, including any part thereof, or any other content, whether arising under these terms or applicable law, including contract, tort, statutory, or any other law.

Indemnification

Upon a request by Dickson Testing, you agree to defend, indemnify and hold harmless Dickson Testing and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through this Service, your use of the Service, your violation of this Agreement or your violation of any rights of another.

Choice of Law and Forum

This Agreement shall be governed by and construed in accordance with the laws of the State of California. You and Dickson Testing expressly agree to submit to the exclusive jurisdiction and venue of the courts in Los Angeles County in the State of California in all disputes arising out of or relating to the use of this Service.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Dickson Testing and governs your use of this Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Dickson Testing. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

No Waiver

The failure of Dickson Testing to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

No Professional Advice

Any information supplied by any employee or agent of Dickson Testing, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dickson Testing as a result of this Agreement or your use of this Service. Nothing contained in this Agreement is in derogation of Dickson Testing's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Service or information provided to or gathered by Dickson Testing with respect to such use.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Termination

Dickson Testing reserves the right, in its sole discretion, to terminate your access to all or part of this Service, with or without notice.

Copyright © 2002, Dickson Testing Company Inc. All rights reserved.



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