Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms”) CAREFULLY BEFORE USING THIS WEBSITE. https://www.smithsdetection.com/privacy-policy/ This website is operated by Smiths Detection, Inc. (“SDI,” “Smiths”). The terms "we," "us" and "our" refer to SDI and any of our affiliated companies as appropriate to the context. "You" refers to any person accessing and/or using the site. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. From time to time we may update this site and these Terms. Your use of this site after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. These Terms were last updated April 18, 2017.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with SDI or purchasing SDI products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, in order to place an order with, or receive customer service from, SDI. Content on this site that is provided by SDI or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing ("Smiths Content") is the property of SDI and its licensors, and is protected under trademark, copyright, and other intellectual property laws. Nothing contained on this site should be construed as granting any license or right to download or use any Smiths Content except as expressly provided in this paragraph. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site, is strictly prohibited unless authorized by SDI.
You further agree not to change or delete any proprietary notices from materials downloaded from the site.
This site and the SDI Content and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SMITHS DETECTION, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SDI does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SDI does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SMITHS (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS OR PROGRAMMERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, "DAMAGES") THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE OR ANY PRODUCTS OR SERVICES AVAILABLE THEREON, NOR SHALL SMITHS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SMITHS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SMITHS OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SMITHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU DOWNLOAD ALL MATERIAL AT YOUR OWN RISK.
Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that an SDI product is mistakenly listed at an incorrect price, SDI reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. SDI reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SDI shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by SDI without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
SDI may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to SDI.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an SDI or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content, or any content with respect to which you owe a duty of confidentiality, on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
The following requirements apply to your use of the site: (a) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (b) you will not collect or store personal data about other users; (c) you will not use the site for any commercial purpose not expressly approved by SDI in writing; (d) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of the site or any computer software or hardware or telecommunications equipment.
SDI does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, SDI is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, SDI reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to SDI in its sole discretion.
By displaying, publishing, submitting or otherwise posting any content (“User Content”) on or through the site, you hereby irrevocably grant to SDI a non-exclusive, fully sub-licensable, non-revocable, perpetual, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, broadcast, publish, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek your or any third party permission. Further, you waive all moral rights in and to all User Content that you post, upload or otherwise submit to or through, the site in favor of SDI. This license and waiver of rights includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, software or other computer programs.
You represent and warrant that you own all of the User Content submitted, displayed, published or posted by you on the site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
Accounts, Passwords, and Security
Certain areas of the site require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the site.
If the site requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify SDI immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the site. SDI is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
Use of Credit Card
If you wish to purchase any product or service made available through the site, you may be asked to supply certain information relevant to your transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.
You agree to indemnify, defend, and hold harmless Smiths Detection, Inc., its affiliates and each of their officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, SDI may link to sites operated by third parties. However, even if the third party is affiliated with SDI, SDI has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SDI. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SDI seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
By using this site you may be sent or contacted by SDI or its affiliates with various communications, including marketing communications. If you do not want to be contacted, please opt out by contacting email@example.com or by following the instructions provided in the communications.
Jurisdiction and Miscellaneous
The site is controlled and operated by SDI from within the United States, and is not intended to subject SDI to the laws or jurisdiction of any country other than that of the United States. We may limit the availability of the site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. These Terms will be governed by and construed in accordance with the laws of the state of Maryland, USA without regard to conflicts of laws principles, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. By using this site, you consent to the jurisdiction of, and agree that any and all disputes regarding these Terms and/or use of the site will be brought before, the federal, state, and local courts located in Harford County, Baltimore County or Baltimore City, Maryland.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE SITE ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE. THE INFORMATION ON THE SITE IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws in regard to the possession, use, and sale of any item purchased from the site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Products purchased on this site, or the products in connection with which such products will be used, may be regulated by Federal, state or local governmental authority and downstream resale of the products may be prohibited or restricted. By purchasing products on this site, you agree that resale of such products to third parties is prohibited.
Intellectual Property Infringement Notification
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please complete and submit a signed copy of the form available here, and send to our designated agent: Andrea M. Wilson, General Counsel, 2202 Lakeside Boulevard, Edgewood, MD 21040; or by email to DMCAnotice@smiths-detection.com. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2).
© 2017, Smiths Detection, Inc. ALL RIGHTS RESERVED.