TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF THE 15 DAY OF MARCH 2019.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with United States Dosimetry Technology, Inc. , also known as USDT, located at 660 George Washington Way, Richland, Washington 99352 and our subsidiaries and affiliates, in association with the use of the USDT website, which includes www.usdtech.com, (the "Site") and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website which has the following description: The purpose of this website is for conducting business as a dosimetry badge service. Any and all visitors to our Site shall be deemed as "users" of the herein contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of United States Dosimetry Technology, Inc. At its discretion, United States Dosimetry Technology, Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. United States Dosimetry Technology, Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that United States Dosimetry Technology, Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith. Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS" and as such United States Dosimetry Technology, Inc. shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
USE AND RESTRICTIONS
You further agree not to use the Website: (1) In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (2) For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (3) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation; (4) To impersonate or attempt to impersonate the us, an employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or (5) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
You additionally agree not to: (1) Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (2) Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (3) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (4) Use any device, software or routine that interferes with the proper working of the Website; (5) Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (6) Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; (7) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; and (8) Otherwise attempt to interfere with the proper working of the Website.
This Site is not intended for use by persons under 18 years old. This Site is prohibited for use by any individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgement, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contract to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure, or confidentiality agreements, or other intellectual property rights, and material that violated export control laws.
We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove, or delete any material submitted as a comment to blog, forum, or chat-room provided for display or placed on this site. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing, or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; and promotions for commercial products or services.
By submitting a comment for posting, you agree that we are not responsible, and will have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material, even material that violated this Agreement.
All users herein agree to insure and hold United States Dosimetry Technology, Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of USDT Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to USDT's sites.
United States Dosimetry Technology, Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that United States Dosimetry Technology, Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Either United States Dosimetry Technology, Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that United States Dosimetry Technology, Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such Site or resource.
The material provided on this site is protect by law, including, but not limited to, United States copyright law and international treatises. The copyrights and other intellectual property in the content of this site are owned by us and/or others with permitted use by us. Except for the limited rights granted herein, all other rights are reserved to United States Dosimetry Technology, Inc.
United States Dosimetry Technology, Inc. herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or
otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by United States Dosimetry Technology, Inc. for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF UNITED STATES DOSIMETRY TECHNOLOGY, INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. UNITED STATES DOSIMETRY TECHNOLOGY, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. WE MAKE NO REPRESENTATIONS THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT UNITED STATES DOSIMETRY TECHNOLOGY, INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY ARISE FROM YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN IF WE MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
United States Dosimetry Technology, Inc. may furnish you with notices, including those with regard to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the United States Dosimetry Technology, Inc. trademarks, copyright, trade name, service marks, and other United States Dosimetry Technology, Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of United States Dosimetry Technology, Inc. You herein agree not to display and/or use in any manner the United States Dosimetry Technology, Inc. logo or marks without obtaining United States Dosimetry Technology, Inc.'s prior written consent.
COPYRIGHT NOTICE UNDER THE DMCA
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notice should be addressed to the contact person specified below (our agent for notice of claimed infringement.
United States Dosimetry Technology, Inc.
Attn: Copyright Agent
660-A George Washington Way
Richland, Washington 99352
Telephone: 1 (800) 448-8738
Fax: 1 (800) 943-2710
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable the access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (1) Description of the copyrights work that is the subject of claimed infringement; (2) Description of the infringing material and information sufficient to permit us to locate the alleged material: (3) Contact information for you, including your address, telephone number and/or email address: (4) A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (5) A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (6) A physical or electronic signature of the copyright owner or a person authorized to act on the copy right owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
This TOS constitutes the entire agreement between you and United States Dosimetry Technology, Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to United States Dosimetry Technology, Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other United States Dosimetry Technology, Inc. Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and United States Dosimetry Technology, Inc. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Washington without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and United States Dosimetry Technology, Inc., shall be filed within the courts having jurisdiction within the County of Benton County, Washington or the U.S. District Court located in said state. You and United States Dosimetry Technology, Inc. agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should United States Dosimetry Technology, Inc. fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within two (2) years after said claim or cause of action arose or shall be forever barred.
We maintain specific contact information including an email address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. Please report any and all inquiries to United States Dosimetry Technology, Inc. as follows:
United States Dosimetry Technology, Inc.
660-A George Washington Way
Richland, Washington 99352-4246
Telephone: 1 (800) 448-8738
Fax: 1 (800) 943-2710