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By accessing and browsing any web site owned and/or operated by MoistTech or Sensortech referred to in this document as MoistTech (collectively the "Site"), you accept, without limitation or qualification, the Legal Policy set forth in the following Terms and Conditions, as well as any other law or regulation that applies to the Site, the Internet or the Worldwide Web.
Terms and Conditions
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Acceptance of Terms of Use. MoistTech
provides you with access to, and use of, the Site subject
to all applicable laws and regulations and this Legal
Policy. By accessing and using the Site you accept each
of the Terms and Conditions of this Legal Policy without
limitation. If you do not accept each of the Terms and
Conditions contained in this Legal Policy without limitation,
please exit the Site. This Legal Policy supercedes any
other agreements you may have with MoistTech regarding
this subject matter.
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Content Ownership. The content
or other materials on the Site including, but not limited
to, all text, audio, images and other materials or elements
(collectively the "Content") are owned and copyrighted
by MoistTech, its licensors or others with all rights
reserved. You should assume that the Content is copyrighted
and owned by MoistTech unless otherwise noted and you
may not use the Content, except as provided in this Legal
Policy, without the prior written permission of MoistTech.
All trademarks, trade names and logos and all related
product names, design marks and slogans which appear on
the Site are either the trademarks or service marks (registered
or unregistered) of MoistTech its licensors unless otherwise
stated herein. MoistTech and its licensors expressly reserve
all intellectual property rights in all Content on the
Site. No license is granted to you in connection with
such Content contained on the Site.
In its sole discretion, MoistTech or its licensors may
seek to enforce their intellectual property rights to
the fullest extent of the law, including the possibility
of seeking criminal prosecution.
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User Conduct. MoistTech maintains
the Site for your personal entertainment, information,
education, and communication only and grants you permission
to use the Site and to download Content, but only for
noncommercial, personal use; provided, however, that you
retain all copyright and other proprietary notices contained
on the Content, that you do not distribute, modify, copy
(except as set forth above), transmit, display, reuse,
reproduce, publish, license, create derivative works from,
transfer, sell or otherwise use Content without the prior
written permission of MoistTech, and that you do not download
or use any images of people or places ("Images") displayed
on the Site for any purpose. The download or use of any
such Images by you, or anyone else authorized by you,
is prohibited unless specifically permitted by the prior
written authorization of MoistTech. Any unauthorized use
of such Images may violate copyright laws, trademark laws,
the laws of privacy and publicity, and related communications
regulations and statutes.
Additionally, you agree to not to engage in any of the
following activities on the Site:
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Upload, post or transmit any informational content
that is unlawful, threatening to another person or
entity, infringing, defamatory, false, misleading,
abusive, harassing, libelous, vulgar, obscene, pornographic,
profane, invades the privacy of another, or is otherwise
objectionable;
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Intentionally or unintentionally violate or encourage
conduct that would be considered a violation of any
local, state or federal law, either civil or criminal;
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Impersonate another user, person or entity, including
any official or employee of MoistTech Upload, post
or transmit any informational content that is the
copyrighted, patented or trademarked intellectual
property of another, or the trade secret of or confidential
information of another; and
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Use the Site to advertise or perform any commercial
solicitation.
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Privacy. Your use of the Site
is also subject to the MoistTech Privacy Policy MoistTech
hereby incorporates the entirety of that Privacy Policy
into this Legal Policy.
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Links to Third Party Sites. The
Site may contain links to other Internet sites not under
the ownership or editorial control of MoistTech. Such
links are provided for your convenience only and are not
express or implied warranties, endorsements or approvals
by MoistTech of any products, services, advice or information
available from such sites. MoistTech does not warrant
and specifically disclaims any and all responsibility
or liability for your use of such sites and you hereby
release MoistTech and its subsidiaries, affiliates, officers,
directors and agents from any and all such responsibility
or liability for the same. If you establish a link to
such sites, you do so at your own risk and without the
permission of MoistTech. Check the Uniform Resources Locator
("URL") address provided in your Worldwide Web browser
to see if you are still in a MoistTech Site or have moved
to another third-party site.
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EXCLUSION OF LIABILITY. NEITHER
MOISTTECH NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE
LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT
FROM YOUR USE OF ANY MOISTTECH SITE AND YOUR USE OF ANY
MOISTTECH SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT
IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF
THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE;
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK
FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION;
INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION
OF ANY MOISTTECH SITE BY ANY THIRD PARTY; OR ANY ILLEGAL
ACTIVITIES OF ANY THIRD PARTIES. MOISTTECH DOES NOT WARRANT
THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT
ANY MOISTTECH SITE.
MOISTTECH IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS
OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT
THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. FURTHERMORE, MOISTTECH IS NOT LIABLE EVEN IF
IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU
TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTAL
DAMAGES. MOISTTECH,S TOTAL LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER
THAN THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
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DISCLAIMER. THE CONTENT OF ANY
MOISTTECH SITE IS PROVIDED "AS IS" AND MOISTTECH DISCLAIMS
ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
- THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY
OR FIT FOR A PARTICULAR PURPOSE;
- THE CONTENT IS ERROR-FREE AND ACCURATE;
- THE FUNCTIONAL ELEMENTS CONTAINED IN THE CONTENT WILL
BE UNINTERRUPTED OR ERROR-FREE;
- DEFECTS WILL BE CORRECTED;
- THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY
FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED
IN THE CONTENT;
- THE CONTENT ON THIS SITE IS NON-INFRINGING; AND/OR
- THE SITE IS SECURE FROM TAMPERING, HACKING OR INTRUSION
BY THIRD PARTIES.
IN ADDITION TO THE ABOVE YOU (AND NOT MOISTTECH) ASSUME
THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER
ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW
US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER
MAY NOT APPLY TO YOU.
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Export Control. Software and
other materials from the Site may be subject to United
States Export Control. The United State Export Control
laws prohibit the export of certain technical data and
software to certain territories. No software from the
Site may be downloaded or exported in violation of any
such laws. MoistTech does not authorize the exportation
of any software or technical data from the Site to any
jurisdiction prohibited by the United States Export laws.
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Cautionary Language Regarding Forward Looking
Information. The Site may contain statements,
estimates or projections that constitute, "forward-looking
statements" as defined under U.S. federal securities laws.
Generally, the words "believe," "expect," "intend," "estimate,"
"anticipate," "project," "will" and similar expressions
identify forward-looking statements, which generally are
not historical in nature. Forward-looking statements are
subject to certain risks and uncertainties that could
cause actual results to differ materially from MoistTech
' historical experience and its present expectations or
projections. These risks include, but are not limited
to, MoistTech's ability to finance expansion or acquisition
plans, share repurchase programs and general operating
activities; changes in the applicable business environment,
including actions of competitors and changes in consumer
preferences; regulatory and legal changes; fluctuations
in the cost and availability of raw materials; interest
rate and currency fluctuations; changes in economic and
political conditions; our ability to penetrate developing
and emerging markets; the effectiveness of our advertising
and marketing programs;
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Revisions to the Terms. MoistTech
may at any time, in its sole discretion and without notice,
revise or modify this Legal Policy or the Privacy Policy.
You are bound by any such revisions and should periodically
visit this Site to review the current Legal Policy and
Privacy Policy pages.
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Content Submitted by Users. Any
communication or material you transmit to MoistTech at
the Site by electronic mail or otherwise, including any
data, questions, comments, suggestions, or the like is,
and will be treated as, non-confidential and non-proprietary.
Anything you transmit or post may be used by MoistTech
or its subsidiaries and affiliates for any purpose, including,
but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting. Furthermore, MoistTech
is free to use any ideas, concepts, know-how, or techniques
contained in any communication you send to the Site for
any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using
such information. MoistTech will not compensate you in
any way for any such information, nor will the information
be returned to you.
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Related Information. Information
accessible on this Site is for information only.
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Site Security. Users are prohibited
from violating or attempting to violate the security of
the Site, including without limitation, (a) accessing
data not intended for such user or logging onto a server
or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting
to interfere with service to any user, host or network,
including, without limitation, via means of submitting
a virus to the Site, overloading, flooding, spamming,
mail bombing or crashing; (d) sending unsolicited e-mail,
including promotions and/or advertising of products or
services; (e) forging any TCP/IP packet header or any
part of the header information in any e-mail or newsgroup
posting; (f) by using any device, software or routine
to interfere or attempt to interfere with the proper working
of the Site or any activity being conducted on the Site;
or (g) by using or attempting to use any engine, software,
tool, agent or other device or mechanism (including, without
limitation browsers, spiders, robots, avatars or intelligent
agents) to navigate or search the Site other than the
search engine and search agents available from MoistTech
on this Site and other than generally available third
party web browsers (e.g., Netscape Navigator, Microsoft
Explorer). Violations of system or network security may
result in civil or criminal liability. MoistTech may investigate
occurrences that potentially involve such violations and
may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
Your IP & Browser are logged as follows when you visit
the site.
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38.107.191.116
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CCBot/1.0 (+http://www.commoncrawl.org/bot.html)
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Choice of Law. This Legal Policy
and your use of this Site is governed by the laws of the
State of California in the United States of America, without
regard to its choice of law provisions.
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General Terms. This Legal Policy
constitutes the entire agreement between you and MoistTech
and governs your use of any MoistTech Site. The failure
of MoistTech to exercise or enforce any right or provision
of this Legal Policy shall not constitute a wavier of
any such right or provision. If any provision of this
Legal Policy is found by a court of competent jurisdiction
to be invalid then such provision shall be eliminated
from the Legal Policy and the surviving terms shall remain
in full force and effect. Any claims arising under this
Legal Policy must be brought within one (1) year after
such claim or action or action arose or be forever barred.
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