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Mettler-Toledo International
Inc. Terms and Conditions of Use
Please read the following Terms and Conditions carefully. They govern
your access to and use of this Website.
METTLER TOLEDO operates this Website (the “Site”) for business,
professional and academic visitors and their organizations. Several
portions of this Site are available to all visitors; access to certain
portions of this Site may be restricted to visitors who register or
otherwise qualify for such access. This Site is not intended for general
public consumers.
By accessing or using this Site, you agree to be bound by these Terms
and Conditions and accept them in full, as they may be modified by Mettler-Toledo
International Inc. (the "Company" or “METTLER TOLEDO”)
from time-to-time and posted on this Site. If you do not agree to these
Terms and Conditions, you may not use this site.
The individual using this Site acknowledges and agrees that he or she
is doing so in a business, professional, or academic capacity, and that
the individual and the business, professional, or academic organization
on whose behalf the individual is using this Site are subject to these
Terms and Conditions, and accept them in full, as they may be modified
by METTLER TOLEDO from time-to-time and posted on this Site. The terms
“you,” “visitor”, or “User” refer to both
the Site visitor and his or her organization.
These Terms and Conditions incorporate by reference the Privacy Policy.
No Warranties; Limitation of Liability
Although METTLER TOLEDO attempts to provide accurate information, names,
images, pictures, logos, icons, documents, and materials (collectively,
the "Contents") on the Site, it makes no representation, endorsement,
or warranty that such Contents are accurate or suitable for any particular
purpose.
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS.
USE OF THE SITE AND ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SITE
AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS,
OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, WITH THE SOLE EXCEPTION OF WARRANTIES (IF ANY) WHICH
CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW. AS NOTED BELOW, METTLER
TOLEDO ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, WITH RESPECT TO ANY SITE OPERATED BY A THIRD PARTY.
IN NO EVENT WILL METTLER TOLEDO OR ITS OWNERS, DIRECTORS, OFFICERS,
SUBSIDIARIES, AFFILIATES, CONTRACTORS, AGENTS OR THEIR RESPECTIVE EMPLOYEES
(“METTLER TOLEDO AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY
OF LIABILITY, ARISING IN CONNECTION WITH: ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, LOSS OF USE RELATED
TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS
OF THIS SITE OR ANY OTHER WEBSITE, THE INFORMATION, PRODUCTS, OR SERVICES
OFFERED, ADVERTISED, OR PROVIDED THROUGH THE SITE, OR RESULTING FROM
UNAUTHORIZED ACCESS TO OR ALTERATION OF THE USER’S TRANSMISSIONS
OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR
RECEIVED EVEN IF METTLER TOLEDO IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF METTLER TOLEDO AND ITS AFFILIATES
SHOULD BE FOUND LIABLE FOR ANY SERVICE DAMAGES, THE TOTAL AGGREGATE
LIABILITY OF METTLER TOLEDO AND ITS AFFILIATES ARISING OUT OF THE SUBJECT
MATTER OF THESE TERMS AND CONDITIONS SHALL NOT EXCEED U.S. $500.
THE USER ACKNOWLEDGES THAT THE CONTENTS AT THIS SITE MAY CONTAIN INACCURACIES
AND ERRORS, BOTH SUBSTANTIVE AND TYPOGRAPHICAL. METTLER TOLEDO DOES
NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY
OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR
DISTRIBUTED THROUGH THE SITE. THE USER ACKNOWLEDGES THAT ANY RELIANCE
ON ANY SUCH MATERIALS, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION
SHALL BE AT THE USER’S SOLE RISK. METTLER TOLEDO RESERVES THE RIGHT,
IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION
OF THE SITE. METTLER TOLEDO MAY MAKE ANY OTHER CHANGES TO THE SITE,
THE MATERIALS, AND THE SERVICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT
NOTICE.
METTLER TOLEDO DOES NOT WARRANT THAT THE CONTENT OF CASE STUDIES PUBLISHED
OR REPUBLISHED ON THIS SITE OR ANY OTHER PRODUCT REVIEW OR DESCRIPTION
OR OTHER CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT,
OR ERROR-FREE. METTLER TOLEDO DOES NOT INTEND ANY REFERENCES TO ENTITIES,
PRODUCTS OR SERVICES DISCUSSED OR REFERENCED ON THIS SITE OR ANY LINKS
ON THIS SITE TO BE REFERRALS OR ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS
OR SERVICES. EACH USER UNDERSTANDS THAT, EXCEPT FOR PRODUCTS, OR SERVICES
CLEARLY IDENTIFIED AS BEING SUPPLIED BY METTLER TOLEDO, METTLER TOLEDO
DOES NOT OPERATE, CONTROL, OR ENDORSE ANY INFORMATION, PRODUCTS, OR
SERVICES ON THE INTERNET, INCLUDING ON THE SITE, IN ANY WAY.
EACH USER ALSO UNDERSTANDS THAT METTLER TOLEDO CANNOT AND DOES NOT GUARANTEE
OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL
BE FREE OF INFECTION BY VIRUSES OR OTHER COMPUTER CODES THAT MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. EACH USER IS RESPONSIBLE FOR
IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY EACH USER’S
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING
A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA.
METTLER TOLEDO DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR ANY USER’S
USE OF THE SITE.
EACH USER AGREES THAT METTLER TOLEDO WILL NOT BE LIABLE FOR ANY INVESTMENT
DECISION MADE OR ACTION TAKEN BY THE USER OR OTHERS BASED UPON RELIANCE
ON NEWS, INFORMATION, OR ANY OTHER MATERIAL PUBLISHED BY METTLER TOLEDO,
INCLUDING, BUT NOT LIMITED TO, FINANCIAL INFORMATION AND INFORMATION
ABOUT METTLER TOLEDO. METTLER TOLEDO MAKES NO CLAIMS OR REPRESENTATIONS
AS TO THE ACCURACY, COMPLETENESS, OR TRUTH OF ANY MATERIAL CONTAINED
ON OUR SITE.
STATEMENTS ON METTLER TOLEDO’S SITE WHICH ARE NOT HISTORICAL FACTS
MAY BE CONSIDERED "FORWARD-LOOKING STATEMENTS" THAT INVOLVE
RISKS AND UNCERTAINTIES. FOR A DISCUSSION OF THESE RISKS AND UNCERTAINTIES,
WHICH COULD CAUSE ACTUAL EVENTS OR RESULTS TO DIFFER FROM THOSE CONTAINED
IN THE FORWARD-LOOKING STATEMENTS, SEE METTLER TOLEDO’S ANNUAL
REPORT ON FORM 10-K FOR THE MOST RECENTLY ENDED FISCAL YEAR, AND SUBSEQUENT
SEC FILINGS.
USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS METTLER TOLEDO
AND ITS AFFILIATES FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS,
OR DEMANDS OF ANY RIGHT OF ANY PERSON OR ENTITY, INCLUDING PERSONAL
INJURY AND DEATH (AND INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL
AND ACCOUNTING FEES AND EXPENSES), REGARDLESS OF WHETHER THEY ARISE
OUT OF OR ARE ATTRIBUTABLE TO ANY ACT OR OMISSION, NEGLIGENT OR OTHERWISE,
OF METTLER TOLEDO AND ITS AFFILIATES, ARISING OUT OF OR IN CONNECTION
WITH (i) USER’S USE OF THE SITE, OR ANY CONTRACTS ENTERED INTO
OR SERVICES OR PRODUCTS OFFERED OR SOLD OR PURCHASED AS A RESULT OF
ANY CONTACT INITIATED ON OR THROUGH THE SITE, (ii) USER’S BREACH
OF THESE TERMS & CONDITIONS, OR (iii) THE INFRINGEMENT BY USER,
OR ANY OTHER PERSON USING USER’S COMPUTER OR PERSONAL LOGIN OR
PASSWORD, OF ANY RIGHT OF ANY PERSON OR ENTITY. THIS INDEMNIFICATION
PROVISION SHALL APPLY TO THIRD-PARTY CLAIMS AS WELL AS CLAIMS BETWEEN
THE PARTIES TO THESE TERMS AND CONDITIONS.
Use of Site
Users may not resell, republish, or copy (other than a copy for User’s
use), any of the Contents of this Site without the prior written consent
of METTLER TOLEDO, which may be withheld in its sole discretion.
Copyrights and Other Intellectual Property
Except where otherwise expressly noted, all Contents of this Site, including
the graphics, icons and overall appearance of the Site, are the sole
and exclusive property of Mettler-Toledo GmbH, CH-8606 Greifensee, Switzerland
and/or its subsidiaries or affiliates. The posting of the Contents of
this Site neither constitutes a waiver of any of METTLER TOLEDO's proprietary
rights, including but not limited to, copyrights, trademarks, servicemarks,
patents, and other intellectual property, nor a transfer or license
by implication, estoppel, or otherwise of any such right or of any license
to the Site User or to any third party. Contents of this Site are protected
by United States and international copyright laws, both as individual
works and as a collection. You agree not to delete any copyright or
similar notice from any Contents you obtain from the Site.
By posting content or submitting material a User grants METTLER TOLEDO
and its affiliates a royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. The User grants METTLER TOLEDO and its affiliates
and sublicensees the right to use the name that the User submits in
connection with such content, if they choose. The User represents and
warrants that the User owns or otherwise controls all of the rights
to the content that the User posts; that the content is accurate; that
use of the content the User supplies does not violate the Terms and
Conditions and will not cause injury to any person or entity; and that
the User will indemnify METTLER TOLEDO or its affiliates for all claims
resulting from content the User supplies.
METTLER TOLEDO has the right but not the obligation to monitor and edit
or remove any activity or content. METTLER TOLEDO takes no responsibility
and assumes no liability for any content posted by Users or any third
party.
Notices And Procedures For Making Claims Of Copyright Infringement
A. Notification
Notifications of claimed copyright or other intellectual property infringement
should be sent to the Site's designated agent. ALL INQUIRIES NOT RELEVANT
TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
METTLER TOLEDO respects the intellectual property of others, and we
ask our Users and visitors to do the same. METTLER TOLEDO will process
and investigate notices of alleged infringement and will take appropriate
actions under the Digital Millennium Copyright Act ("DMCA")
and other applicable intellectual property laws.
If you (“Complaining Party”) believe that your work has been
copied in a way that constitutes copyright infringement, please provide
METTLER TOLEDO the following information. (If the alleged infringement
involves intellectual property other than copyrights, METTLER TOLEDO
will apply analogous procedures.) Please be advised that to be effective,
the Notification must include ALL of the following:
1. A physical or electronic signature of the person authorized to act
on behalf of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the work that you claim has been infringed;
3. a description of where the material that you claim is infringing
is located on the Site;
4. your address, telephone number, and e-mail address and all other
information reasonably sufficient to permit METTLER TOLEDO to contact
you;
5. a statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed.
7. If the Complaining Party is asserting a misuse of its trademark,
service mark, trade dress, name or other indicia of origin (“Mark”),
it must also provide: the Mark that is being infringed; the goods and/or
services covered by or offered under the identified Mark; the date of
first use of the Mark; the date of first use in interstate commerce
of the Mark; the mark the Complaining Party believes is an infringement
of its Mark; the goods and/or services covered by or offered under the
mark claimed to be infringing by the Complaining Party; the precise
location of the allegedly infringing mark; and a good faith certification,
signed under penalty of perjury, stating: (i) that the identified mark
infringes the right of another party, (ii) the name of such said party,
(iii) the Mark being infringed, and (iv) that the use of the mark alleged
to be infringing is not defensible.
Notices of claimed copyright, or other alleged intellectual property,
infringement should be directed to METTLER TOLEDO’S designated
agent (“Designated Agent”):
By Mail:
Mettler-Toledo, Inc.
Associate General Counsel
1900 Polaris Parkway
Columbus, Ohio 43240
USA
By Fax:
+1 (614) 438 4848
By E-mail:
Peter.Edwards@mt.com
(Please include "Notice of Infringement" in the subject line.)
B. Counter-Notification
If the Complaining Party provides METTLER TOLEDO with appropriate written
notification, as described above, including information reasonably sufficient
to permit METTLER TOLEDO to locate and remove or disable the material
in question, then METTLER TOLEDO will forward the Complaining Party's
written notification to such alleged infringer (hereinafter "Alleged
Infringer") and shall take reasonable steps to promptly notify
the Alleged Infringer that it has removed or disabled access to the
material. An Alleged Infringer may provide Counter Notification by providing
a written communication to METTLER TOLEDO’s Designated Agent above
that includes substantially the following:
1. A physical or electronic signature of the Alleged Infringer;
2. identification of the material that has been removed or to which
access has been disabled and the location at which the material appeared
before it was removed or access to it was disabled;
3. a statement under penalty of perjury that the Alleged Infringer
has a good faith belief that the material was removed or disabled as
a result of mistake or misidentification of the material to be removed
or disabled; and
4. the Alleged Infringer’s name, address, and telephone number,
and a statement that the Alleged Infringer consents to the jurisdiction
of the Federal District Court for the judicial district in which the
address is located, or if the Alleged Infringer's address is outside
of the United States, for any judicial district in which METTLER TOLEDO
may be found, and that the Alleged Infringer will accept service of
process from the Complaining Party or an agent of such Party.
Upon receipt of a Counter Notification as described, METTLER TOLEDO
shall promptly provide the Complaining Party with a copy of the Counter
Notification, and inform such Party that METTLER TOLEDO may replace
the removed material or cease disabling access to it in 10 business
days. METTLER TOLEDO may replace the removed material and cease disabling
access to it not less than 10, nor more than 14, business days following
receipt of the Counter Notification, unless METTLER TOLEDO’s Designated
Agent first receives notice from the Complaining Party that such Complaining
Party has filed an action seeking a court order to restrain the Alleged
Infringer from engaging in infringing activity relating to the material
on METTLER TOLEDO’s system or network.
Links To Other Websites
METTLER TOLEDO may establish links between this Site and one or more
Websites operated by third parties. METTLER TOLEDO has no control over
any such other Websites or the contents therein. The existence of any
such links shall not constitute an endorsement by METTLER TOLEDO of
such Websites, the contents of the Websites, or the operators of the
Websites.
Transmissions To And From This Site
Transmissions to and from this Site are not confidential and your communications
may be read or intercepted by others. Any transmission to this Site
shall be deemed and remain the property of METTLER TOLEDO. METTLER TOLEDO
shall be free to use, for any purpose, any ideas, concepts, know-how,
or techniques provided by a Site User to METTLER TOLEDO through this
Site.
Limitations on Products and Services
METTLER TOLEDO provides access to data that may contain references or
cross references to METTLER TOLEDO products and services that may not
be available, or readily available, in your country. Such reference
does not imply that METTLER TOLEDO intends to market such products or
services in your country.
Interactive Areas
METTLER TOLEDO may provide interactive forums, chat rooms, news groups,
bulletin boards, and other interactive areas (“Interactive Areas”)
on the Site. If a User uses any of the Interactive Areas, the User is
solely responsible for the User’s communications and the consequences
of posting those communications. METTLER TOLEDO does not assume any
responsibility for the truthfulness, accuracy, or reliability of any
material posted on any of the Interactive Areas. METTLER TOLEDO does
not assume any responsibility for the consequences of any of the communications
posted on or arising from postings on any of the Interactive Areas.
In consideration for being allowed to use the Interactive Areas, the
User agrees not to engage in any of the activities listed under the
heading “Improper Uses of the Site.” The User also agrees
not to impersonate any other person.
METTLER TOLEDO reserves the right to record the dialogue in public chat
rooms but is not obligated to do so. METTLER TOLEDO does not screen
communications in advance and is not responsible for screening or monitoring
material posted by Users or any other person or entity. METTLER TOLEDO
reserves the right to remove or edit communications which are abusive,
illegal, disruptive, or that otherwise constitute “Improper Uses
of the Site;” however, METTLER TOLEDO shall not be obligated to
do so.
METTLER TOLEDO reserves the right to monitor, edit, or disclose any
posting on the Interactive Areas for lack of adherence to the Terms
and Conditions, if required in the course of normal operation and maintenance
of the Site, or if required to do so by law or in the good faith belief
that such action is necessary (i) to comply with the law applicable
to METTLER TOLEDO or with legal process served on METTLER TOLEDO; (ii)
protect and defend the rights of METTLER TOLEDO or others; or (iii)
to protect the personal safety of Users or the public; however, METTLER
TOLEDO shall not be obligated to do so.
METTLER TOLEDO HAS NO LIABILITY OR RESPONSIBILITY TO USERS, OR ANY
OTHER PERSON OR ENTITY FOR THE PERFORMANCE OR NONPERFORMANCE OF ANY
OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Removal of Objectionable Material
METTLER TOLEDO reserves the right, but is not obligated, to remove from
the Site any materials it deems objectionable. USER AGREES TO HOLD HARMLESS
AND INDEMNIFY METTLER TOLEDO AND ITS AFFILIATES AND PARTIES WITH WHOM
METTLER TOLEDO HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING
THIS SITE FROM ALL CLAIMS BASED UPON INFORMATION OR COMMUNICATIONS MADE
OR MATERIALS POSTED BY OTHERS OR THE USE BY THIRD PARTIES OF THIS SITE.
Termination of Access for User Conduct
METTLER TOLEDO may, at its sole discretion, immediately terminate a
User’s access to the Site without notice should User’s conduct
fail to conform with any provision of these Terms and Conditions. Termination
may prevent confirmation or completion of outstanding and/or incomplete
transactions. Some of the foregoing prohibited acts are also punishable
by law.
User is Solely Responsible for Conduct
User agrees that it is solely responsible for its actions and the content
of its transmissions through or postings on the Site.
User Agrees to Comply with Applicable Rules
User agrees to comply with: (i) any and all regulations, policies, and
procedures of the Site; and (ii) any and all applicable local, state,
national, and international laws and regulations that relate to his,
her, or its use of or activities on the Site.
Improper Uses of the Site
In using the Site, User agrees not to: (i) disrupt or interfere with
the security of, or otherwise abuse, the Site, or any services, system
resources, accounts, servers, or networks connected to or accessible
through the Site or affiliated or linked sites;
(ii) disrupt or interfere with any other User's enjoyment of the Site
or affiliated or linked sites; (iii) upload, post, or otherwise transmit
through or on the Site any viruses or other harmful, disruptive, or
destructive files or disabling devices; (iv) take any action that imposes
an unreasonable or disproportionately large load on the Site’s
infrastructure; (v) transmit through or on the Site any spam, chain
letters, junk mail, or any other type of unsolicited bulk e-mail to
Users or individuals that have not agreed to receive such mailings;
(vi) use another User’s account, service, or system without authorization
from METTLER TOLEDO; (vii) create or use a false identity on the Site;
(viii) attempt to obtain unauthorized access to the Site or portions
of the Site which he, she, or it is restricted from accessing; (ix)
extract, collect, or harvest, through electronic means or otherwise,
any data or data fields from the Site including, without limitation,
customer identities;
(x) post or otherwise disseminate on or through the Site: (a) unlawful,
harassing, libelous, tortuous, abusive, offensive, threatening, or obscene
communications or material of any kind; (b) materials that infringe
or violate any third party’s copyright, trademark, right of publicity,
patent, trade secret, privacy or other proprietary or property right;
or (c) materials that could constitute a criminal offence, give rise
to civil liability, or otherwise violate any applicable law or regulation
or that are otherwise objectionable (as determined by METTLER TOLEDO)
including, without limitation, content that evidences bigotry, racism,
sexism, or hatred or that promotes illegal activities or physical harm
against anyone; (xi) use or attempt to use the Site as a vehicle to
communicate with METTLER TOLEDO’s competitors, customers, or suppliers
about price, supply, availability, terms of sale, or any other competitively
sensitive topic.
Mettler Toledo May Terminate Site
At any time, METTLER TOLEDO may terminate, change, suspend, or discontinue
any aspect of the Site, temporarily or permanently, without notice.
METTLER TOLEDO is not obligated to continue to support or update the
Site. METTLER TOLEDO may impose limits on certain features or services
or restrict the User’s access to parts or all of the Site. THE
USER ACKNOWLEDGES AND AGREES THAT METTLER TOLEDO AND ITS AFFILIATES
SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY IN THE EVENT THAT
METTLER TOLEDO EXERCISES ANY OF THESE RIGHTS.
Use of Site Does Not Create Relationship
User acknowledges that METTLER TOLEDO and User are not engaged in and
shall not be deemed to be engaged in a partnership, joint venture, joint
enterprise, or agency relationship of any kind or for any purpose by
virtue of the User’s status as a User.
METTLER TOLEDO May Delegate
METTLER TOLEDO reserves the right to delegate, contract for, or otherwise
transfer any or all of its obligations or functions to a third party.
User may not delegate or otherwise assign any of its obligations and/or
rights under the Terms and Conditions to any other person or entity
without the prior written consent of METTLER TOLEDO.
Modifications
METTLER TOLEDO may at any time make modifications, changes, and alterations
to the Contents of this Site, including these Terms and Conditions,
without prior notice.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance
with the law of Zurich, Switzerland, without regard to conflict of laws
principles.
Venue
Any controversy or claim arising out of or relating to these Terms and
Conditions shall be exclusively subject to the jurisdiction of the Court
of Commerce (Handelsgericht) in Zurich, Switzerland, and not to the
jurisdiction of a court determined pursuant to the 1980 U.N. Convention
on contracts for the international sale of goods, or any other law,
treaty or convention.
Arbitration
By using this Site, and notwithstanding the “Venue” provision,
you agree that METTLER TOLEDO, at its sole discretion, may require you
to submit any disputes arising from the use of this Site, or these Terms
and Conditions concerning or, including disputes arising from or concerning
their interpretation, violation, nullity, invalidity, non-performance
or termination, as well as disputes about filling gaps in this contract
or its adaptation to newly arisen circumstances, to final and binding
arbitration under the International Rules of Arbitration of the American
Arbitration Association, by one or more arbitrators appointed in accordance
with the said Rules. Notwithstanding these rules, however, such proceeding
shall be governed by the laws of Zurich, Switzerland, without regard
to the 1980 U.N. Convention on contracts for the international sale
of goods, or any other law, treaty or convention.
Any award in an arbitration initiated under this clause shall be limited
to monetary damages and shall include no injunction or direction to
any party other than the direction to pay a monetary amount. Further,
the arbitrator(s) shall have no authority to award punitive, consequential
or other damages not measured by the prevailing party's actual damages
in any arbitration initiated under this section, except as may be required
by statute.
Severability
In the event that any provision of the Terms and Conditions shall, in
whole or in part, be determined to be invalid, unenforceable, or void
for any reason, the remainder of the Terms and Conditions shall not
be affected in any way thereby.
No Waiver
No waiver by METTLER TOLEDO of any right under or term or provision
of these Terms and Conditions will be deemed a waiver of any other right,
term, or provision of these Terms and Conditions at that time or a waiver
of that or any other right, term, or provision of these Terms and Conditions
at any other time.
10 / 2002
©2003 Mettler-Toledo, Inc.,Terms and Conditions
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