Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING CONTROLLEDVIBRATION.COM. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE SET FORTH HEREIN, PLEASE DO NOT USE THIS WEB SITE.

Crowson Technology LLC (“Crowson”) offers this web site, Controlled Vibration.com (the “Site”) to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated on the Site. By using the Site, you signify your assent to these Terms and Conditions and any subsequent modifications. Crowson may revise these Terms and Conditions from time to time by updating this posting, with the new terms taking effect on the date of posting. You should review these Terms and Conditions every time you use this Site as they are binding on you. Crowson reserves the right to seek all remedies available by law and in equity for any violation of these Terms and Conditions.

PERSONAL USE

The information provided by Crowson on this Site is general in nature and provided for informational purposes only. The Site is for your personal use. As a condition to your continued use of the Site, you warrant to Newport that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

COPYRIGHTS

As between you and Crowson, Crowson retains full copyright ownership, rights and protection in all material contained on the Site (including but not limited to all software, HTML code and other code, or business methods). Except as otherwise expressly provided in these Terms and Conditions, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of Crowson.

You may, however, view, download and print materials displayed on the Site for your own personal use, provided any printed versions include the copyright and other notices displayed with the materials on the Site.

None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photoreproduction, recordation or otherwise), resold or redistributed without the prior written consent of Crowson.

TRADEMARKS

Controlled Vibration, the Controlled Vibration logo, and other Crowson company and product names referenced in the Site are either registered trademarks or trademarks or service marks of Crowson or its subsidiaries. Other company and product names may be the trademarks of the respective companies with which they are associated. The mention of such company and product names on this Site is with due recognition and without intent to misappropriate such names or marks. You may not use any marks appearing on this Site without the prior written consent of Crowson or the third party owner of such mark. Your unauthorized use of such marks may constitute infringement, which could subject you to substantial civil penalties.

PRIVACY

You hereby acknowledge having read and agreed to all terms and conditions of Crowson’s Privacy Policy, which are hereby incorporated into these Terms and Conditions.

LINKS

The Site links to other web sites operated by third parties. The inclusion of any link to such sites does not imply endorsement by Crowson of the site, but is for your reference and convenience only. Crowson has not reviewed all of the sites linked to the Site and is not responsible for the content or accuracy of any off-site pages or any other sites linked to the Site nor does Crowson recommend or endorse any information, products, services or procedures that may be mentioned on or represented on sites linked to the Site. Linking to any other off-site pages or other sites is at your own risk and subject to the terms and conditions of use of any hyper-linked site.

SOFTWARE DOWNLOADING

If you download software from this Site, use of such software is subject to the license terms in the license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms and conditions set forth in the license agreement. Except for rights granted pursuant to such license agreement, Newport and/or its licensors reserve all intellectual property rights, title and interest in and to such software.

SUBMISSIONS

If you send us suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind (collectively, “Ideas”), the Ideas shall be deemed, and shall remain, the sole and absolute property of Crowson. Except as set forth in our Privacy Policy, none of the Ideas shall be subject to any obligation of confidence on the part of Crowson and Crowson shall not be liable for any use or disclosure of any Ideas. You agree not to post or transmit any information through Crowson that (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, or (iii) is protected by copyright, trademark or other proprietary right without the express permission of the owner of such right. You shall be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary rights, or any other harm resulting from any uploading, posting or submission.

RESTRICTED TO ADULTS

You must be at least 18 years of age to use this Site. You agree to be solely responsible for (i) maintaining such controls over the use and/or access to this Site by minors in your family, or (ii) limiting access to your computer or login to the extent necessary to restrict its use to adults.

FORWARD-LOOKING STATEMENTS

This Site and documents or other information linked to this Site, including without limitation press releases and webcasts, contain forward-looking statements that are based upon current expectations and that involve risks and uncertainties. Without limiting the generality of the foregoing, words such as “may,” “will,” “expect,” “believe,” “anticipate,” “intend,” “could,” “estimate” or “continue” or the negative or other variations thereof or comparable terminology are intended to identify forward-looking statements. In addition, any statements that refer to expectations, projections or other characterizations of future events or circumstances are forward-looking statements. The forward-looking statements are made pursuant to the Safe Harbor provisions of the Private Securities Litigation Reform Act of 1995. Actual results may differ materially from those stated in any forward-looking statements based on a number of factors and other risks. Although Crowson believes that the assumptions underlying the forward-looking statements are reasonable, any of the assumptions could prove inaccurate and, therefore, there can be no assurance that the results contemplated in the forward-looking statements will be realized.

DISCLAIMER OF WARRANTIES

Neither Crowson nor its employees, agents, partners, or licensors warrant that the Site or its operation will be accurate, reliable, uninterrupted or error-free. You are responsible for implementing sufficient procedures for accuracy of data input and output, backing up of data and protection from malicious or damaging computer software. If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Crowson is not responsible for those costs. No agent or representative has the authority to create any warranty regarding the Site on behalf of Crowson.

Crowson does not assume any liability for the contents of any material provided on this Site. Reliance on any information presented on the Site is at your own risk. No agent or representative has the authority to create any warranty regarding the Site or products or services provided through the Site on behalf of Crowson. Crowson reserves the right to change or discontinue any aspect or feature of the Site, or any products or services mentioned on this Site, at any time without notice. Mention of any third party products or services is for informational purposes only and does not constitute a recommendation or endorsement thereof.

You acknowledge that, in connection with the Site, information will be transmitted over local exchange, interexchange and Internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, Internet service providers and others, all of which are beyond the control and jurisdiction of Crowson. Accordingly, Crowson assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of the Site.

WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. CROWSON MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR CROWSON PRODUCTS OR SERVICES.

IF YOU HAVE ENTERED INTO OTHER TERMS AND CONDITIONS WITH CROWSON IN CONNECTION WITH THE PURCHASE OF PRODUCTS OR SERVICES FROM CROWSON (THROUGH THE ON-LINE STORE, CATALOG OR OTHERWISE), PLEASE NOTE THAT SUCH TERMS AND CONDITIONS CONTAIN PROVISIONS DISCLAIMING WARRANTIES AND LIMITING LIABILITIES WITH RESPECT TO THE PRODUCTS SUBJECT THERETO, AND SUCH PROVISIONS ARE NOT SUPERCEDED BY THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CROWSON, ITS SUBSIDIARIES AND AFFILIATES OR ANY THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY COSTS, DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE CONTENT OF THE SITE OR SECURITY AND PRIVACY BREACHES RELATED TO THE OBLIGATIONS OF CROWSON, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CROWSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CROWSON SHALL BE LIABLE TO YOU ONLY FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT AND ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED U.S. ONE HUNDRED DOLLARS ($100.00). Because some jurisdictions do not allow the exclusion of limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

INDEMNIFICATION

You agree to defend, indemnify and hold Crowson, its subsidiaries and affiliates, and their officers, directors, employees and agents, licensors and business partners harmless from and against any claims, actions or demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate these Terms and Conditions. Crowson shall provide you with prompt notice of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

INTERNATIONAL USE

Crowson makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this Site from locations outside the United States do so at their own risk and are responsible for compliance with local laws. You further agree that you will not use, import, export or re-export the materials of this Site, any software or technical data downloaded from this Site or products purchased from this Site, or any copy or adaptation, in violation of any applicable laws or regulations, including, but not limited to, the requirements under the U.S. Export Administration Act, Regulations of the Department of Commerce or its successors, executive orders and other export controls.

TERMINATION

Termination of your use of the Site shall not affect any right or relief to which Newport may be entitled, at law or in equity. You agree that Newport may immediately terminate your use of the Site if Newport reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Newport or any third party, or for any reason with or without notice to you. You agree that Newport may modify or discontinue the Site, with or without notice to you. You agree that Newport will not be liable to you or any third party as a result of such modification or discontinuation.

ATTORNEY’S FEES

If Crowson takes action (by itself or through its representatives) to enforce any of the provisions of these Terms and Conditions, including collection of damages or any amounts due hereunder, Newport shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys’ fees and any costs of any litigation.

CHOICE OF LAW AND FORUM

These Terms and Conditions shall be governed by the laws of the state of California, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Site contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in Santa Barbara County, California, and you agree to submit to the exclusive personal jurisdiction of such courts. You agree to waive any objection that the state or federal courts of California are an inconvenient forum. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

GENERAL PROVISIONS

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement between you and Crowson with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Crowson with respect to the Site and the subject matter of these Terms and Conditions.

SURVIVAL

The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Indemnification,” “Choice of Law,” and “General Provisions” will survive termination of these Terms and Conditions.