March Plasma Systems
Marchplasma.com Privacy Administrator
2470-A Bates Avenue
Concord, CA 94520
U.S.A
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Intended audience/use
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March Plasma Systems ("March") provides this Web site to you, subject to these
Terms of Use. The Terms of Use may be updated by March Plasma Systems from time
to time without notice to you. You can review the most current version of the
Terms of Use at March Plasma Systems.com/terms. This Web site and other web
sites that are operated and/or controlled by March Plasma Systems. that are
linked to this site or affiliated with this site (collectively "the Site") and
all the information, communications, scripting, photos, text, video, graphics,
music, sounds, images and other materials and services found on the Site
(collectively "Content"), is intended for the lawful use of March Plasma
System's customers, employees and members of the general public who are over
the age of 13, and citizens of the United States or Canada. The Site is
controlled and operated in whole or in part by March Plasma Systems from its
offices within the United States. March Plasma Systems makes no representation
that these materials are appropriate or available for use in other locations.
Those who access the Site from other locations do so at their own risk and are
responsible for compliance with applicable local laws. You acknowledge that
March Plasma Systems reserves the right in its sole discretion to refuse or
terminate access to the Site by you at any time.
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Acceptance of terms
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Through use of this Site or the download of materials from this Site,
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you acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside;
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you further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content;
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you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent.
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Restrictions on use of content
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© Copyright (2008) March Plasma Systems . All Rights Reserved.
The
unauthorized copying, displaying or other use of any content from this site is a
violation of the law. You acknowledge having been advised by March Plasma
Systems that the Content is protected in the U.S. and internationally by a
variety of laws, including but not limited to, copyright laws and treaty
provisions, trademark laws, patent laws, and other proprietary rights laws
(collectively "Rights"). In addition to March Plasma Systems' Rights in
individual elements of the Content, March Plasma Systems or its licensors own a
copyright in the selection, coordination and arrangement of the Content. You are
hereby granted permission to access the Content from the Site in whole or in
part, solely for your personal, non-commercial use of viewing and browsing
through the Site or ordering products or services from the Site. This permission
terminates automatically if you breach any of these Terms of Use. If pursuant to
an authorization from March Plasma Systems, you download software from the Site,
the software, including all code, files, images, contained in or generated by
the software, and accompanying data, are deemed to be licensed to you by March
Plasma Systems. Neither title nor intellectual property rights are transferred
to you, but remain with March Plasma Systems, who owns full and complete title.
March Plasma Systems does not grant you any permission to use the Content other
than the permission expressly stated in these Terms of Use. All other use of
Content from the Site, including, but not limited to uploading, downloading,
modification, publication, transmission, participation in the transfer or sale
of, copying, reproduction, republishing, creation of derivative works from,
distribution, performance, display, incorporation into another web site,
reproducing the Site (whether by linking, framing or any other method), or in
any other way exploiting any of the Content, in whole or in part, may not be
made without March Plasma Systems' prior express written consent.
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Trademarks and service marks
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There are a number of proprietary logos, service marks, trademarks, slogans and
product designations ("Marks") found on this Site. By making the Marks available
on this Site, March Plasma Systems is not granting you a license to use them in
any fashion. Access to this Site does not confer upon you any license to the
Marks under any of March Plasma Systems or any third party's intellectual
property rights. No March Plasma Systems trademark or service mark may be used
as a hyperlink without March Plasma System's prior written permission.
The following Marks are the property of March Plasma Systems . This list is not
comprehensive; the absence of a Mark from the list does not constitute a waiver
of intellectual property rights established by March Plasma Systems in a
Mark.
March Plasma Systems, the March Plasma Systems logo, FlexTRAK, PROVIA are
registered trademarks of March Plasma Systems .
Other product or service names may be the property of third parties. Marks owned
by third parties include those listed below. This list is not comprehensive; the
absence of a Mark from the list does not constitute a waiver of intellectual
property rights established by the owner of a Mark.
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Submission of information
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Other than the Financial Information, do not send any confidential or
proprietary information to March Plasma Systems through the Site. Except for the
Financial Information or personally identifiable information relative to you,
any information you do send to March Plasma Systems through the Site will be
deemed NOT to be confidential ("Non-Confidential Information"). For any
Non-Confidential Information you do send, post or submit, you hereby grant March
Plasma Systems an unrestricted, royalty-free, irrevocable license to use,
reproduce, display, perform, modify, transmit and distribute the
Non-Confidential Information, and agree that March Plasma Systems is free to use
any ideas, concepts, know-how or techniques that you send March Plasma Systems
for any purpose whatsoever without compensation to you or any other person
sending the Non-Confidential Information, and you represent and warrant that you
own or otherwise control all of the rights to the Non-Confidential Information
and that public posting and use of your content by March Plasma Systems will not
infringe or violate the rights of any third party. If you submit personally
identifiable information via the Site, March Plasma Systems will treat it in
accordance with our Privacy Policy, which can be found at March Plasma
Systems.com/privacy.
You are prohibited from posting or transmitting to or from the Site any
unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material, or any other material that could give rise to
any civil or criminal liability under the law.
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Message boards and community forums
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March Plasma Systems may add message boards, community forums, chat rooms or
similar communities (each a "Community") to the Site from time to time. March
Plasma Systems does not monitor or provide regular support for any Community.
March Plasma Systems reserves the right to modify or discontinue any Community
without notice in its sole discretion. March Plasma Systems further reserves the
right (but not the obligation) in its sole discretion to pre-screen, use,
delete, refuse, support or move any content submitted to a Community, including
but not limited to software code, text, images, photographs, or other graphics
("Posted Material"). You are solely responsible for evaluating Posted Material
appearing in any Community. If you use Posted Material, you bear all risks
associated with such use. You are solely responsible for any Posted Material you
submit to a Community. March Plasma Systems assumes no responsibility whatsoever
with respect to Posted Material. All Posted Material will be treated as
Non-Confidential Information. Reference in any Posted Material to any specific
commercial product, process, or service by trade name, trademark, manufacturer,
or otherwise, does not constitute or imply its endorsement or recommendation by
March Plasma Systems. The opinions of the authors expressed in Posted Content do
not necessarily state or reflect those of March Plasma Systems, and may not be
used for advertising or product endorsement purposes.
By submitting Posted Material, you warrant and represent that (a) you are the
copyright owner of such Posted Material, or that the copyright owner of such
Posted Material has granted you permission to use such Posted Material
consistent with the manner and purpose of your use on the Site and as otherwise
permitted by these Terms of Use, (b) you have the rights necessary to grant the
licenses described in these Terms of Use, and (c) that each person depicted in
such Posted Material, if any, has provided consent to the use of the Posted
Material as set forth in these Terms of Use. By submitting Posted Material, you
are granting to all members of the Community and to the general public, subject
to these Terms of Use, a non-exclusive, world-wide, royalty-free license to:
use, distribute, transmit, publicly display, publicly perform, reproduce, edit,
sublicense, modify, translate and reformat your Posted Material without having
your name attached to such Posted Material. The licenses granted in these Terms
of Use for Posted Material will terminate at the time you completely remove such
Posted Material from the Community, provided that, such termination will not
affect any licenses granted in connection with such Posted Material prior to the
time you completely remove such Posted Material. No compensation will be paid
with respect to the use of your Posted Material.
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Indemnity
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You agree to indemnify, defend, and hold March Plasma Systems, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or related to any content you submit, post,
transmit or make available through the Site, your violation of these Terms of
Use, or your violation of any rights of another.
March Plasma System's collection and use of personally identifiable information
about you is subject to our Privacy Policy, which can be found at March Plasma
Systems.com/privacy. This site is intended for use by persons over the age of
13. March Plasma Systems does not seek to collect information about children
under the age of 13. No information should be submitted to or posted on this Web
site by users under 13 years of age. March Plasma Systems encourages parents to
take an active role in their children's use of the Internet, and to inform them
of the potential dangers of providing information about themselves over the
Internet.
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Participation in promotions and other site activities
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If you choose to participate in a promotion or other March Plasma
Systems-sponsored activity ("Web site Activity"), you agree to comply with any
rules or regulations governing such Web site Activity. Additionally, as a
condition of your continued participation in the Web site Activity, you agree
not to:
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upload, post, e-mail, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
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harm minors in any way;
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impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site Activity;
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upload, post, e-mail, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
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upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
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upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
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interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; "stalk" or otherwise harass another person or entity; or collect or store personal data about other users.
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You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Web site Activity, and may result in additional legal actions being taken by March Plasma Systems.
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Notices
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Notices to you may be made via either e-mail or regular mail. March Plasma
Systems may also provide notices of changes to the Terms of Use or other matters
by displaying notices or links to notices to you generally on the Site.
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Disclaimer of warranty
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March Plasma Systems does not warrant or make any representations regarding the
availability, use, timeliness, security, validity, accuracy, or reliability of,
or the results of the use of, or otherwise respecting, the content of the site
or any other Web sites linked to or from the site. Any material downloaded or
otherwise obtained through the use of the site is done at your own discretion
and risk and you are solely responsible for any damage to your computer system
or loss of data that results from the download of any such material, or use of
this site. The content of the site is provided "As Is" and on an "As Available"
basis, without warranties of any kind either express or implied. To the fullest
extent possible pursuant to applicable law, March Plasma Systems disclaims all
warranties, express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose,
non-infringement or other violation of rights. Some jurisdictions do not allow
the exclusions or limitations on how long an implied warranty lasts, so the
above limitations or exclusions may not apply. No advice or information, whether
oral or written, obtained by you from March Plasma Systems will be deemed to
alter this disclaimer of warranty, or to create any warranty.
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Limitation of liability
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March Plasma Systems will not be liable for any damages of any kind arising out
of or relating to the use or the inability to use this site, its content or
links, including but not limited to damages caused by or related to errors,
omissions, interruptions, defects, delay in operation or transmission, computer
virus, line failure, and all other direct, indirect, special, incidental,
exemplary or consequential damages even if March Plasma Systems has been advised
of the possibility of such damages. Some jurisdictions do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. Notwithstanding the foregoing,
March Plasma System's total liability to you for all losses, damages, and causes
of action, including but not limited to those based on contract, tort or
otherwise, arising out of your use of this site, its content or links, will not
exceed the amount you paid to access this site.
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Revisions
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March Plasma Systems may modify, suspend, withdraw or discontinue, temporarily
or permanently, the Content, in whole or in part, at any time without notice.
You agree that March Plasma Systems will not be liable to you or to any third
party for any modification, suspension, withdrawal or discontinuance of the
Content. March Plasma Systems may at any time revise these Terms of Use by
updating this posting. By using the Site, you agree to be bound by any such
revisions and you agree to periodically visit this page to determine the then
current Terms of Use to which you are bound.
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Termination
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You agree that March Plasma Systems, in its sole discretion, may terminate or
restrict your use or access to this Site (or any part thereof) for any reason,
including, without limitation, that March Plasma Systems believes you have
violated or acted inconsistently with the letter or spirit of these Terms of
Use, or the terms, conditions, or rules of a sweepstakes, contest, or other
promotion contained within the Site.
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General information
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The Terms of Use constitute the entire agreement between you and March Plasma
Systems and govern your use of the Site, superseding any prior agreements
between you and March Plasma Systems relating to your use of this site. You may
also be subject to additional terms and conditions that may apply when you
purchase products or services, participate in a sweepstakes, contest or other
promotion, participate in a March Plasma Systems-sponsored Developer Program or
service, or use or download software. If any provision of these Terms of Use is
held to be invalid by any law, rule, order or regulation of any government or by
the final determination of any state or federal court, such invalidity will not
affect the enforceability of any other provision of the Terms of Use. The
failure of March Plasma Systems to exercise or enforce any right or provision of
the Terms of Use will not constitute a waiver of such right or provision. By
accessing the Site you agree that the statutes and laws of the United States and
the state of California, USA without regard to conflicts of laws principles, will
apply to all matters relating to use of the Site, and you agree that any
litigation will be subject to the exclusive jurisdiction of the state or federal
courts in Travis County, Texas, USA. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
use of the Site, or the Terms of Use must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section titles in
the Terms of Use are for convenience only and have no legal or contractual
effect.
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Violations
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Please report any violations of these Terms of Use to March Plasma Systems at
march@marchplasma.com.
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Date of Policy: October 25, 2007