Terms of Use

Intended audience/use

DCG Systems, Inc. ("DCG Systems") provides this Web site to you, subject to these Terms of Use. The Terms of Use may be updated by DCG Systems from time to time without notice to you. This Web site and other web sites that are operated and/or controlled by DCG Systems that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, algorithms, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of DCG Systems customers, employees and members of the general public. The Site is controlled and operated in whole or in part by DCG Systems from its offices within the United States. DCG Systems makes no representation that these materials are appropriate or available for use in other locations. Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Acceptance of terms

Through use of this Site or the download of materials from this Site:

1. You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation, U.S. export and re-export control laws and regulations regarding the transmission of technical data and other information exported from the United States or the country in which you reside;
   
2. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content; and
   
3. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.

Restrictions on use of content

© Copyright (2008-2011) DCG Systems, Inc. All Rights Reserved. The unauthorized copying, displaying or other use of any content from this site is a violation of the law. You acknowledge having been advised by DCG Systems that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to DCG Systems Rights in individual elements of the Content, DCG Systems or its licensors own a copyright in the selection, coordination, and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site. This permission terminates automatically if you breach any of these Terms of Use. DCG Systems does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, may be made without DCG Systems prior express written consent (unless indicated otherwise or if such material is provided via a restricted access site or contains indications of confidentiality), provided that the material is 1) extracted verbatim from the DCG Systems website, or 2) is a derivative of the material intended for the authors personal use or for company use, and 3) that the source and the DCG Systems copyright notice are indicated. Furthermore, the reproduction will not be used in any way that implies DCG Systems endorsement of a product or service of any other company or individuals and that the copies themselves are not offered for sale. The permissions granted herein, do not include third party reproductions, reprinting, or republishing of the material or other types of use.
IN NO EVENT WILL DCG SYSTEMS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCURRED BY YOU OR OTHERS FOR USE OF THE MATERIAL AS PERMITTED HEREIN.

What personally identifiable information does DCG Systems collect?

DCG Systems uses third party software to track and collect the information of visitors to our Web site. This information is aggregated to measure items such as: the number of visits, average time spent on the DCG Systems Web site, pages viewed, and search terms. We use this information to measure the use of our site, to improve the content of our site, and improve individual user's experiences on our site.

DCG Systems use of cookies

When you visit our site, our server attaches a small text file to your hard drive - a cookie. Your unique cookie tells us that it's you whenever you re-enter our site to deliver a better Web site experience to our users.
Generally, we use cookies to measure traffic patterns, and which areas of the DCG Systems site you have visited as well as your visiting patterns. This information collected via cookie is sometimes called "clickstream." We use this information to understand how our users navigate our site and to determine common traffic patterns, including where our users originate. We may also use this information to make site navigation and product recommendations, and to help redesign our site in order to make your experience on our site more efficient and enjoyable. We may use this information to better personalize the content, banner ads and promotions that you and other users will see. This helps DCG Systems deliver the content you want.

Trademarks and service marks

There are a number of proprietary logos, service marks, trademarks, slogans and product designations ("Marks") found on this Site. By making the Marks available on this Site, DCG Systems is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license to the Marks under any of DCG Systems or any third party's intellectual property rights. While DCG Systems encourages others to link to our URL, no DCG Systems trademark or service mark may be used as a hyperlink without DCG Systems prior written permission. To obtain permission, contact nicole_berens@dcgsystems.com.
The following Marks are the property of DCG Systems, Inc. This list is not comprehensive; the absence of a Mark from the list does not constitute a waiver of intellectual property rights established by DCG Systems, Inc. in a Mark.
DCG Systems, Inc., DCG Systems logo, Thermosensorik and Optimizer, are registered trademarks of DCG Systems, Inc., Reg. U.S. Pat. & Tm.Off.  (ThermoSensorik may be trademarked in germany
Ruby, ELITE, Meridian, TriVision, Tilt-Tip, OptiFIB, P3X, EmiScope, nanoInstruments, nI, sProber, dProber, nProber, EBC, CV, Pulsing and TCP are trademarks of DCG Systems, Inc.
Other product or service names may be the property of third parties.

Links to third-party sites

This Site may provide links to other third-party World Wide Web sites or resources. DCG Systems makes no representations whatsoever about any other Web site which you may access through this Site. Because DCG Systems has no control over such sites and resources, you acknowledge and agree that DCG Systems is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. DCG Systems makes no representation or warranty as to any third party Content, products or services, and you agree that DCG Systems will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

Disclaimer of warranty

DCG Systems does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the content of the site or any other Web sites linked to or from the site. Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, or use of this site. The content of the site is provided "As Is" and on an "As Available" basis, without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, DCG Systems disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. Some jurisdictions do not allow the exclusions or limitations on how long an implied warranty lasts, so the above limitations or exclusions may not apply. No advice or information, whether oral or written, obtained by you from DCG Systems will be deemed to alter this disclaimer of warranty, or to create any warranty.

Limitation of liability

DCG Systems will not be liable for any damages of any kind arising out of or relating to the use or the inability to use this site, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other direct, indirect, special, incidental, exemplary or consequential damages even if DCG Systems has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, DCG Systems total liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this site, its content or links, will not exceed the amount you paid to access this site.

Revisions

DCG Systems may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that DCG Systems will not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. DCG Systems may at any time revise these Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Terms of Use to which you are bound.

General information

The Terms of Use constitute the entire agreement between you and DCG Systems and govern your use of the Site, superseding any prior agreements between you and DCG Systems relating to your use of this site. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity will not affect the enforceability of any other provision of the Terms of Use. The failure of DCG Systems to exercise or enforce any right or provision of the Terms of Use will not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the United States without regard to conflicts of laws principles, will apply to all matters relating to use of the Site, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts in the United States. You must, regardless of any statute or law to the contrary, file any claim or cause of action arising out of or related to use of the Site, or the Terms of Use within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Violations

Please report any violations of these Terms of Use to DCG Systems, nicole_berens@dcgsystems.com.

Last Updated: 08/01/2011