Standards Technology Group - Terms of Use Policy

Introduction

Our Terms of Use policy states the legal terms for using the StandandsTech.com web site. Here you will find items such as disclaimers, external web sites, global use, among other items. IF YOU DO NOT AGREE WITH THIS POLICY, PLEASE DO NOT USE THIS WEB SITE.

Our Other Policies

Please also read our other policies to understand the additional terms and conditions which apply to the use of our web sites.

Policy Revision

Standards Technology Group may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.

Acceptance Of Terms

The services that Standards Technology Group, Inc. (STG) provides to User is subject to the following Terms of Use ("TOU"). STG reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

A. This Agreement, which incorporates by reference other provisions applicable to use of StandardsTech.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in StandardsTech.com, sets forth the terms and conditions that apply to use of StandardsTech.com by User. By using STG (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use StandardsTech.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any.

B. STG shall have the right at any time to change or discontinue any aspect or feature of StandardsTech.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

Description Of Services

Through its Web property, STG provides User with access to a variety of resources, including download areas, content linking, online documents, online content, mindmaps, search,  calendars,  news, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Subscription to Beta Service

STG or one its STG Providers may offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. STG or one its STG Providers shall have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. STG or one its STG Providers shall be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to any Beta Service. STG or one its STG Providers reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that STG or one its STG Providers shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Equipment

User shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of StandardsTech.com and all charges related thereto.

User Conduct

A. User shall use StandardsTech.com for lawful purposes only. User shall not post or transmit through StandardsTech.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without STG's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in STG's discretion restricts or inhibits any other User from using or enjoying StandardsTech.com will not be permitted. User shall not use StandardsTech.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with STG.

B. StandardsTech.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of StandardsTech.com are copyrighted as a collective work under the United States copyright laws. STG owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of STG and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

C. User shall not upload, post or otherwise make available on StandardsTech.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of StandardsTech.com, User automatically grants, or warrants that the owner of such material has expressly granted STG the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants STG the right to edit, copy, publish and distribute any material made available on StandardsTech.com by User.

D. The foregoing provisions of Section 5 are for the benefit of STG, its subsidiaries, partners and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Member Account, Password, And Security

If any of the Services requires User to open an account, User must complete the registration process by providing Standards Technology Group with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User's password and account. Furthermore, User is entirely responsible for any and all activities that occur under User's account. User agrees to notify Standards Technology Group immediately of any unauthorized use of User's account or any other breach of security. Standards Technology Group will not be liable for any loss that User may incur as a result of someone else using User's password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Standards Technology Group or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.

Disclaimer Of Warranty; Limitation Of Liability

A. USER EXPRESSLY AGREES THAT USE OF STANDARDSTECH.COM IS AT USER'S SOLE RISK. NEITHER STG, ITS PARTNERS NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT STANDARDSTECH.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF STANDARDSTECH.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH STANDARDSTECH.COM.

B. STANDARDSTECH.COM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT STG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

D. IN NO EVENT WILL STG, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING STANDARDSTECH.COM OR THE STG SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE STANDARDSTECH.COM. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

E. IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, STG, NOR ITS PARTNERS, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN STANDARDSTECH.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

F. FORCE MAJEURE - NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

Links To Third Party Sites

The links in this area will let you leave STG's site. The linked sites are not under the control of STG and STG is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. STG is not responsible for webcasting or any other form of transmission received from any linked site. STG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by STG of the site.

Third Party Content

STG is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, STG has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of StandardsTech.com, are those of the respective author(s) or distributor(s) and not of STG. Neither STG nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through StandardsTech.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with STG. STG neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on StandardsTech.com by anyone other than authorized STG employee spokespersons while acting in their official capacities. Under no circumstances will STG be liable for any loss or damage caused by a User's reliance on information obtained through StandardsTech.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through STG. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

Risk Of Loss

All items purchased from StandardsTech.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

StandardsTech.com and its partners attempt to be as accurate as possible. However, StandardsTech.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by StandardsTech.com itself is not as described, your sole remedy is to return it in unused condition.

Pricing

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.

With respect to items sold by StandardsTech.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by StandardsTech.com. Your purchases from third-party sellers using StandardsTech.com are charged at the time you place your order, and third-party sellers may follow different policies in the event of a mispriced item.

Monitoring

STG shall have the right, but not the obligation, to monitor the content of StandardsTech.com, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by STG and to satisfy any law, regulation or authorized government request. STG shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on StandardsTech.com. Without limiting the foregoing, STG shall have the right to remove any material that STG, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

Indemnification

User agrees to defend, indemnify and hold harmless STG, its partners and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of STG by User or User's Account.

Termination

Either STG or User may terminate this Agreement at any time. Without limiting the foregoing, STG shall have the right to immediately terminate User's Account in the event of any conduct by User which STG, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

Miscellaneous

This Agreement and any operating rules for StandardsTech.com established by STG constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Vermont, USA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Trademarks

STG and its logos are trademarks of STG. All rights reserved. All other trademarks appearing on STG are the property of their respective owners.

Copyrights and Copyright Agent

STG respects the rights of all copyright holders and in this regard, STG has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide STG's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Policy last updated April 2008