Empirical Testing Corp.
Terms of Service Agreement
Last Modified: 07.14.11
ACCEPTANCE OF TERMS AND CONDITIONS
The terms and conditions in this Agreement govern your use of this site. Please take a few moments to review this information carefully. By using this site, you agree that you have read, understand, accept, and will be bound by all of the terms and conditions in this Agreement, and you agree not to use this site in contravention of these terms and conditions. If you do not agree with these terms, discontinue your use of this site.
ACCURACY OF INFORMATION
Empirical Testing Corp. provides this site to supply you with accurate and up-to-date information about Empirical Testing Corp. However, despite our best efforts, it is inevitable that some inaccuracies may occasionally be present. Additionally, photographs found on the Empirical Testing Corp. may appear differently based on your monitor and color settings. For this reason, please contact Empirical Testing Corp. to confirm the accuracy of the contents of our site if necessary. Further, Empirical Testing Corp. reserves the right to change information and services as well as any terms of guarantees and warranties without notice.
In addition, you understand and agree that the information provided on this site is advertising only and in no way constitutes an offer for the sale of goods or to provide a service. To this end, and to the extent permitted by applicable law, Empirical Testing Corp. will not be responsible for errors found on this site, including but not limited to, pricing errors or an incorrect statement of information on any particular item or artist.
OWNERSHIP AND PROPRIETARY RIGHTS
All information contained in this site, unless otherwise stated, is owned solely and exclusively by Empirical Testing Corp. You acknowledge and agree that all contents and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary or intellectual property rights and laws. By permitting you to access and use this site, Empirical Testing Corp. has not granted you a license of any kind to use this information for any purpose (including, but not limited to, commercial purposes) without the express written consent of Empirical Testing Corp.; however, item information, special promotions offered as a downloadable PDF, and features provided through our “Print Page” feature may be printed for your non-commercial, personal use only. You may not otherwise amend, copy, create derivative works from, reverse engineer, display, distribute, edit, license, modify, reproduce, rent, sell, and/or transmit any part of this site. You may not use any meta tags or any other “hidden text” utilizing Empirical Testing Corp.’s name or trademarks without the express written consent of Empirical Testing Corp. In addition, deep linking, direct linking, framing, page-jacking, spoofing, hacking, data-mining and using a robot, spider, or automated device of any kind to monitor or copy our site is strictly prohibited.
Empirical Testing Corp. (and design) and EMPIRICALTESTING.COM are all registered trademarks or service marks of Empirical Testing Corp. Any unauthorized use, replication, or other violations of trademark law will be prosecuted to the maximum extent possible. All other trademarks not owned by Empirical Testing Corp. or its subsidiaries that appear on this site are property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Empirical Testing Corp.
EMPIRICAL TESTING CORP. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED IN THIS SITE FOR ANY PURPOSE WHATSOEVER. ALL INFORMATION PROVIDED ON OUR SITE IS PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. Empirical Testing Corp. DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE IN TRADE. EMPIRICAL TESTING CORP. SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT OF GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE -- USE OR INABILITY TO -- USE THE EMPIRICAL TESTING CORP. SITE, OR FOR DAMAGE RESULTING FROM THE -- USE OF OR RELIANCE ON THE INFORMATION CONTAINED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OR LIMITATIONS ON RELIEF SUCH AS INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Empirical Testing Corp. and any affiliates together with their respective employees, agents, directors, officers and shareholders, from and against all the liabilities, claims, damages, and expenses (including reasonable attorney’s fees and costs) arising out of your use of this site; your failure to use the site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of third parties.
Empirical Testing Corp. reserves the right to immediately terminate your use of, or access to, this site at any time if Empirical Testing Corp. decides at its sole discretion that you have breached this Agreement or any relevant law, rule, or regulation or you have engaged in conduct that Empirical Testing Corp. considers to be inappropriate or unacceptable.
Empirical Testing Corp. does not collect any personal information without your knowledge. We don’t sell, rent, or give your personal information to unrelated third parties without your prior permission.
Each time a visitor comes to Empirical Testing Corp., information is collected to help us improve the overall experience of our site. This information allows us to determine which areas of the site are used more frequently than others, how certain features of the site are used, and how users make the most of the content available. We collect visitor domain names or IP addresss (e.g., whether the user is logged on from netscape.com or yale.edu or 255.255.255.0), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to Empirical Testing Corp.), and browser/platform types (e.g., a Netscape browser on a Macintosh platform).
Likewise, Empirical Testing Corp. also counts, tracks, and aggregates visitor activity into our analysis of general traffic flow (e.g., tracking where traffic comes from and how traffic flows within the site). Empirical Testing Corp. may merge this information into group data, which may then be shared on an aggregated basis with potential advertisers, research firms, and business partners. However, Empirical Testing Corp. will never disclose your individual identity or personal data. If Empirical Testing Corp. presents any aggregated information to potential advertisers, research firms, and business partners, no one will be able to identify you or contact you.
Empirical Testing Corp. never shares, sells, or rents any personal information without your permission, unless ordered by a court of law. Information submitted to us is only available to employees managing this information for purposes of contacting you or sending you e-mails based on your request for information.