terms of use agreement

ACCEPTANCE OF THESE TERMS OF USE

This Terms of Use Agreement (the "Agreement") states the terms and conditions under which you may use the IEST website. Please read the Agreement carefully. The IEST website contains various information in the form of data, text, reports, and other materials relating to IEST and its products and/or services, as well as third-party content (collectively, the "Content"). By accessing, browsing, and/or using the IEST website and its Content, you acknowledge that you have read, understand, and agree to be legally bound by this Agreement.

IEST reserves the right to amend this Agreement at any time. You should check this Agreement each time you visit the IEST website to determine if any changes have been made. If you use the IEST website after the amended Agreement has been posted, you will be deemed to have agreed to the amended Agreement.


LINKS TO THIRD PARTY SITES

IEST website may contain links to other Websites ("Linked Sites"). The Linked Sites may not be under the control of IEST or IEST’s affiliates and IEST and its affiliates are not responsible for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. IEST is providing these links to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement by IEST of the Linked Site or any association with its operators.


ADVERTISEMENTS

The IEST Sites may use third-party advertising companies to serve ads on the IEST Sites. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.

Advertisements appearing on the IEST Sites should not be construed as any type of endorsement by IEST, or any of the participating standards developing organizations or third party organizations (unless otherwise noted) of the advertisement, the advertiser or the advertiser's organization, system, product or service. IEST, the standards developing organizations and the third party organizations expressly disavow any such implied endorsement.


USE OF COMMUNICATION SERVICES

The IEST Sites may contain links to bulletin board services, chat areas, forums, communities and/or other message or communication facilities designed to enable you to communicate with a group or IEST (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material for which you have the legal authority and related to the particular Communication Service.

IEST has no obligation to monitor the Communication Services. However, IEST reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IEST reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

IEST reserves the right at all times to disclose any information as 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, in IEST’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

IEST has no obligation to monitor the Communication Services. However, IEST reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. IEST reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

IEST reserves the right at all times to disclose any information as 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, in IEST’s sole discretion.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.


NO UNLAWFUL OR PROHIBITED USE / TERMINATION

As a condition of your use of the IEST Sites, you warrant to IEST that you will not use any IEST Site for any purpose that is unlawful or prohibited by this Agreement. You may not use any IEST Site in any manner which could damage, disable, overburden, or impair such IEST Site or interfere with any other party's use and enjoyment of such IEST Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any IEST Site.

None of the IEST Sites or any Content may be copied, downloaded, stored in a retrieval system, published, transmitted or otherwise reproduced, transferred, stored, disseminated, used as a component of or a basis for a database or otherwise used in any form or by any means. Search result pages may be printed for individual use. You may not make electronic copies of any Content. You may not resell Content for any purpose, or provide it to third parties by gift, copying on a charge basis, copying on a no charge or "cost recovery" basis, loan, rental, service bureau, external time sharing or similar arrangement.

IEST reserves the right, in its sole discretion, to terminate your access to any IEST Site and the related services or any portion thereof at any time, without notice.


INTELLECTUAL PROPERTY RIGHTS

"IEST" and the IEST logo are registered trademarks. IEST does not permit, under any circumstances, the use, or registration by others of “IEST” or the IEST Logo (individually and collectively “IEST Marks”). Doing so would give the false impression that IEST carries out certification activities, or has approved or authorized the organization using its IEST Marks. IEST will take whatever actions it considers necessary to prevent the misuse of its valuable IEST Marks.

Nothing on the IEST website should be construed as granting, by implication, or otherwise, any license or right to use any of IEST’s intellectual property marks displayed on the IEST website, without its prior written permission in each instance.

You acknowledge that the IEST website and its Content may be protected by copyright, trademarks, trade secrets, or other proprietary rights by IEST or third parties, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the IEST website is and shall remain the property of IEST.

No portion of the IEST website may be reproduced in any form, electronic or otherwise, for any purpose other than personal use, without prior written permission of IEST. To the extent that IEST is not the copyright owner of some portion of an IEST Site, IEST has received permission to include such material in such IEST Site.

You agree to comply with all intellectual property rights laws and you shall not encumber any interest in, or assert any rights to, any Content on the IEST website. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.

Examples of unacceptable use of the IEST Marks:

Use or registration of IEST Marks as identifiers in connection with third-party products, services, domain names, websites, logos, marketing materials, advertisements, and company letterheads is strictly prohibited. Use or registration of IEST Marks in self-declarations, such as logos combining IEST Marks with member (or other) names, is also strictly prohibited.

Examples of acceptable fair use of the IEST Marks

Certain limited uses (not registration) of the IEST mark are permitted strictly for accurate, informational reference, in text only – and not to identify goods, services, or organizations. Specifically, the following examples would be considered acceptable if accurate and included in text:

“This product complies with IEST [insert standard number] standard.”

“Manufacturer Certifies Compliance to IEST [insert standard number] standard.”


MATERIAL PROVIDED TO IEST OR POSTED ON THE IEST WEBSITE

IEST does not claim ownership of the materials that any third parties (including you) provide to IEST (including feedback and suggestions) or post, upload, input or submit to the IEST Sites or their associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting Submissions, such third parties (including you) grant IEST and its affiliated companies permission to use Submissions in connection with the purpose of such Submission and the operation of the IEST Sites, including, without limitation, the rights to, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat such Submission; and to publish the name of the persons or organizations submitting such Submission, solely in connection with such Submission.

IEST is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in IEST's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission.


LIABILITY DISCLAIMER

You acknowledge and agree that the IEST website is provided on an “as is” and “as available” basis. IEST or its officers, directors, employees, or agents (collectively the “IEST Parties”) do not guarantee the accuracy, completeness, timeliness, reliability, suitability, or usefulness of any portion of the IEST website. None of the IEST Parties warrant that the IEST website will be uninterrupted or error free, that any specific information that is requested will be provided, or will be free of computer viruses or other harmful elements. You expressly agree that the entire risk as to the quality and performance of the IEST website and the accuracy, timeliness, or completeness of the content or services is assumed solely by you. None of the IEST Parties makes any, and they hereby specifically disclaim any representations, endorsements, guarantees, and warranties, expressed, or implied, regarding the IEST website.

You understand and agree that any content, material, and/or data downloaded or otherwise obtained through the use of the IEST website are used at your own risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content, material, and/or data.


LIMITATION OF LIABILITY

Under no circumstances will any of the IEST Parties be liable for any loss or damage caused by your reliance on information obtained through the IEST website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of the IEST website. In no event shall any of the IEST Parties be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or relating to the IEST website or this agreement, whether based on warranty, contract, tort, or any other legal theory. If you are dissatisfied with any portion of the IEST website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the IEST website.


ACCESS RESTRICTION

To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cook County, Illinois, U.S.A. in all disputes arising out of or relating to the use of the IEST website. Use of the IEST website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and IEST as a result of this agreement or use of the IEST website. IEST’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of IEST’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the IEST website or information provided to or gathered by IEST with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and IEST with respect to the IEST website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IEST with respect to the IEST website. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.


COPYRIGHT AND TRADEMARK NOTICES:

All contents of the IEST website are: Copyright © 2012 IEST and/or its suppliers. All rights reserved.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.