Terms of Use

Terms and Conditions of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR DOWNLOADING ANY MATERIALS. BY USING BALBOA INSTRUMENTS, INC.’S WEBSITE (“Site”), YOU AGREE TO ACCEPT AND BE BOUND BY THESE TERMS AND CONDITIONS. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO ABIDE BY THESE TERMS AND CONDITIONS. THIS SITE MAY BE USED FOR INFORMATIONAL PURPOSES ONLY. ANY UNAUTHORIZED USE OF THIS SITE OR THE MATERIALS CONTAINED HEREON IS STRICTLY PROHIBITED.

DISCLAIMER OF WARRANTY AND LIABILITY

This Site and the information and materials on this Site may be incomplete, or may contain inaccuracies, typographical errors and the like, and is being provided by Balboa Instruments, Inc. (“Balboa”) on an “AS IS” basis with no warranty. YOU ACCEPT ALL RISKS THAT MAY ARISE FROM THE USE OF THE SITE. BALBOA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH REGARDS TO THE USE OF THE SITE OR THE SUITABILITY OF ANY INFORMATION OR MATERIALS ON THE SITE OR CONTAINED IN DOCUMENTS PUBLISHED ON THIS SERVER. BALBOA DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THIS INFORMATION, AND SPECIFICALLY AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS TO THE FULL EXTENT ALLOWED BY LAW. THIS DISCLAIMER OF WARRANTY IS AN ESSENTIAL PART OF THIS AGREEMENT, AND NO USE OF THE SITE OR ANY MATERIAL OR INFORMATION PROVIDED HEREON IS AUTHORIZED EXCEPT UNDER THIS DISCLAIMER. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER CONTRACT, TORT, OR OTHERWISE, SHALL BALBOA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF INCOME OR PROFITS, LOSS OF TIME, BUSINESS INTERRUPTION, LOST SALES, LOSS OF DATA, LOSS OF GOODWILL, COMPUTER FAILURE, OR OTHER ECONOMIC LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR CONSEQUENCES INVOLVING THE USE OF, THIS SITE OR ANY INFORMATION PUBLISHED ON THIS SITE, EVEN IF BALBOA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You assume full responsibility for the legal and responsible use of the Site. To the extent required, you agree to abide by and satisfy any export compliance requirements or controls that may apply. Balboa may make changes to the Site or information provided on the Site at any time without notice to you, including changes in these Terms and Conditions of Use. Balboa encourages you to review these Terms and Conditions of Use on each visit to the Site

NOTICE REGARDING USE OF SITE AND DOCUMENTS AVAILABLE ON SITE

Subject to the terms and conditions set forth herein, Balboa hereby grants you permission to access, display and use this Site and the materials provided hereon. Nothing contained on this Site shall be construed as a grant of any license or other right to or under any patent, copyright, trademark, or other intellectual property right of Balboa or any third party. Many products referenced on this Site are protected by U.S. and foreign patents or patent applications.

Balboa grants you permission to use “Documents” (for example, news releases, product specifications, etc.) from this server provided that: (1) the below copyright notice and the statement “Used with the permission of Balboa Instruments, Inc.” appears in all copies; (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer, broadcast in any media, provided to any competitor of Balboa, or otherwise published; and (3) no modifications of any Documents are made, including without limitation deletion of any portion of a Document.

THIRD PARTY LINKS

Balboa may, from time to time, provide links to other websites solely as a convenience to you. Unless otherwise noted, the entities owning any such links are not under Balboa’s control, are not endorsed or sanctioned by Balboa, directly or by implication, and any information or materials provided on such links is not the responsibility of Balboa. You assume all risks associated with visiting any linked website, and Balboa makes no warranty or representation regarding any linked website or the information contained thereon.

GOVERNING LAW

These Terms and Conditions of Use shall be interpreted, construed, and enforced in accordance with the laws of the State of California, except as governed by applicable federal law.

COMPLETE AGREEMENT

This Agreement constitutes the entire agreement between Balboa and you relating to your use of the Site. Any cause of action you may have related to the use of this Site must be brought within one (1) year after the claim or cause of action arises. In the event any provision of this Agreement is declared to be unenforceable, then such provision shall be deemed to be severable from this Agreement and the remaining terms and conditions shall be unaffected and continue to apply.

FEEDBACK AND INFORMATION

Any feedback you provide at this Site shall be deemed to be non-confidential and Balboa is free to use such information on an unrestricted basis.