Legal Info

EM Photonics, Inc operates this Site to provide online access to information about EM Photonics, CULA and other products and services we provide (the “Service”). By accessing and using this Site, you agree to each of the terms and conditions set forth herein (“Terms of Use”). These Terms of Use are referred to as this “Agreement.” EM Photonics reserves the right to modify this Agreement at any time without giving you prior notice. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. The last date these Terms of Use were revised is set forth below.

USE OF SITE

You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about EM Photonics products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. EM Photonics reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.

COPYRIGHT

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to EM Photonics or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by EM Photonics or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by EM Photonics, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions).

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

LINKING TO THIRD PARTY SITES

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by EM Photonics of the third party, the third-party web site, or the information contained therein. EM Photonics is not responsible for the availability of any such web sites. EM Photonics is not responsible or liable for any such web site or the content thereon. If you use the links to the web sites of EM Photonics affiliates or service providers, you will leave the Site, and will be subject to the terms of use and privacy policy applicable to those web sites.

DOWNLOADING FILES

EM Photonics cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.

SOFTWARE

Any software available for download via the Site is the copyrighted work of EM Photonics or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

DISCLAIMER OF WARRANTY

THIS SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EM PHOTONICS DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, OR THE IMPLIED CONDITION OF SATISFACTORY QUALITY AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. EM PHOTONICS DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; ( THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (C) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THE SITE OR MATERIAL ACCESSIBLE THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT IF YOU RELY ON ANY INFORMATION OR CONTENT ON THE SITE, YOU DO SO SOLELY AT YOUR OWN RISK. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold harmless EM Photonics, its officers, directors, agents, and employees, from any and all damages, costs, claims, losses, expenses, or liabilities arising from or related to any actual or alleged violation by you of these Rules of User Conduct.

LIMITATION OF LIABILITY

IN NO EVENT WILL EM PHOTONICS OR ITS OFFICERS, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSS, WHETHER IN AN ACTION UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATING TO THESE RULES OF USER CONDUCT INCLUDING WITHOUT LIMITATION: (A) YOUR USE OR INABILITY TO USE THE SITE; ( YOUR RELIANCE ON ANY CONTENT ON THE SITE; OR (C) ANY CONTENT POSTED BY ANY USER ON THIS SITE; EVEN IF EM PHOTONICS OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EM PHOTONICS'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED $50. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

PRIVACY POLICY

Read EM Photonics Privacy Policy.

USER CONDUCT

You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

IF POSTING CONTENT ON OUR FORUMS

For content you post or otherwise provide to EM Photonics via this site, you grant EM Photonics permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your content, and (2) sublicense these rights, to the maximum extent permitted by applicable law. EM Photonics will not pay you for your content. EM Photonics may remove your content at any time. For content posted, you represent that you have all rights necessary for you to make the grants in this section. You agree that your posted content is not confidential, and EM Photonics may disclose your content [to any law enforcement authorities] [to any third party] in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with these Rules of User Conduct, and protecting the rights, property, and interests of EM Photonics. You must agree to full terms and conditions prior to participating in our Forums.

USER SUPPLIED INFORMATION

EM Photonics does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give EM Photonics the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.

PASSWORD SECURITY

If you register to become a www.culatools.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

GENERAL PROVISIONS

a. Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by EM Photonics of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. EM Photonics therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. EM Photonics does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, EM Photonics’ Privacy Policy, your use of the Site, any other EM Photonics web site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of Delaware, without regard to any conflict of laws provisions.