Last Updated: October 14, 2014
Collection of Information
Information You Provide to Us
We collect information you provide directly to us. For example, we collect information when you call us, create an online account, sign up to receive our marketing communications, participate in a survey, webinar or any interactive features of our websites, download a white paper, apply for a job, communicate with us via third party social media sites or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, company information, resume, work experience, education and any other information you choose to provide.
Information We Collect Automatically When You Use Our Websites
When you access or use our websites, we automatically collect information about you, including:
- Log Information: We log information about your use of our websites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our websites.
- Information Collected by Cookies and Other Tracking Technologies: We and our service providers use various technologies to collect information when you visit our websites, including cookies and web beacons. Cookies are small data files stored on your hard drive that help us improve our websites and your experience, see which areas and features of our websites are popular and count visits. Web beacons are electronic images that may be used on our websites or in our emails and help deliver cookies, count visits and understand usage and campaign effectiveness. For more information about cookies, and how to disable them, please see “Your Choices” below.
Information We Collect From Other Sources
We may also obtain information from other sources and combine that with information we collect directly from you. For example, we may collect information about you from third parties, including but not limited to mailing list providers, social media sites and other publicly available sources.
Use of Information
We may use information about you for various purposes, including to:
- Provide, maintain and improve our websites, products and services
- Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices
- Send you technical notices, updates, security alerts and support and administrative messages
- Respond to your comments, questions and requests
- Communicate with you about products, services, offers, promotions and events offered by PacSci EMC and others, and provide news and information we think will be of interest to you
- Monitor and analyze trends, usage and activities in connection with our websites, products and services
- Personalize and improve our websites and provide advertisements, content or features that match user profiles or interests
- Link or combine with information we get from others to help understand your needs and provide you with better service
- Carry out any other purpose for which the information was collected.
PacSci EMC is based in the United States and the information we collect is governed by U.S. law. By accessing or using our websites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.
Sharing of Information
- With our parent company, Fortive Corporation, and other entities in our corporate family
- With distributors, resellers and channel partners in connection with the sale of our products and for their own marketing purposes (please see “Your Privacy Rights” below for information about your choices with respect to this type of sharing)
- With vendors, consultants and other service providers who need access to such information to carry out work on our behalf
- In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation
- If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property and safety of PacSci EMC or others
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business by another company
- With other users if you post content to interactive areas of our websites
- With your consent or at your direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Social Sharing Features
Our websites may offer social sharing features and other integrated tools, which let you share actions you take on our Services with other media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.
Advertising and Analytics Services Provided by Others
PacSci EMC takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
- Account Information
- You may request that we update, correct or delete information about you at any time by emailing email@example.com, but note that we may retain certain information about you as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.
- Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our websites.
- Promotional Communications
- You may opt out of receiving promotional emails from PacSci EMC by following the instructions in those emails or by emailing your opt-out request to firstname.lastname@example.org. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
- Your Privacy Rights
- As described above, we may share information about you with third parties for their own marketing purposes. To opt out of having your information shared in this way, please contact us at email@example.com.
PACIFIC SCIENTIFIC ENERGETIC MATERIALS COMPANY TERMS OF — USE
Last Updated: October 14, 2014
PLEASE READ THESE TERMS OF — USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 16. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF — USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR — USE THIS WEBSITE.
PacSci EMC reserves the right to change or modify these Terms at any time and in its sole discretion. If PacSci EMC makes changes to these Terms, it will provide notice of such changes, such as by posting a notice on the Sites or updating the “Last Updated” date above. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended Terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your right to use the Sites.
If you have any questions regarding the Sites, please contact PacSci EMC by emailing firstname.lastname@example.org.
2. Eligibility, Registration and Account
By accessing or using the Sites, you represent and warrant that you are at least 18 years of age (or the age of legal majority under applicable law), or, if not, that you have reviewed these Terms with your parent or legal guardian and that he or she has agreed to be bound by these Terms.
In order to access certain areas and features of the Sites, you may need to register for an account. By registering for an account, you agree to (a) provide accurate, truthful, current and complete account information; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify PacSci EMC if you discover or otherwise suspect any security breaches related to the Sites; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3. Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the PacSci EMC logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of PacSci EMC or its licensors and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites or the Site Materials, except as expressly permitted by PacSci EMC; or (f) any use of the Sites or the Site Materials other than for their intended purposes. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of PacSci EMC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“GREEN DET,” “SEA TECHNOLOGY,” “PIT-BUL,” “NIGHTHAWK,” the PacSci EMC logos and any other product or service name or slogan contained on the Sites are trademarks of PacSci EMC and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of PacSci EMC or the applicable trademark holder.
You may not use any metatags or any other hidden text utilizing “PACIFIC SCIENTIFIC,” “PACSCI EMC,” “PSEMC,” or any other name, trademark or product or service name of PacSci EMC without PacSci EMC’s prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PacSci EMC and may not be copied, imitated or used, in whole or in part, without PacSci EMC’s prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PacSci EMC.
5. User Content and Interactive Areas
The Sites includes interactive areas or services (“Interactive Areas”), in which you or other users may create, post, send or store messages, photos, text and other materials (collectively, “User Content”). By using the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law
- User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party
- User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity
- Viruses, corrupted data or other harmful, disruptive or destructive files.
PacSci EMC does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of the Sites and the Interactive Areas and use them at your own risk.
These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by the Terms. Although PacSci EMC has no obligation to screen, edit or monitor any of the User Content posted on the Sites, PacSci EMC reserves the right, and has absolute discretion, to monitor, remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
6. Rights to User Content
PacSci EMC claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and PacSci EMC. However, if you submit or post User Content to the Sites, unless PacSci EMC indicates otherwise, you grant PacSci EMC a nonexclusive, royalty-free, worldwide and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any media, including in connection with PacSci EMC’s marketing and promotional activities. You further grant PacSci EMC and PacSci EMC’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.
By submitting or posting User Content to the Sites, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Sites; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, does not and will not violate these Terms or any applicable law, rule or regulation.
7. Acceptable Use of the Sites
You agree that your use of the Sites will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Sites. You further agree not to:
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites, or that could damage, disable, overburden or impair the functioning of the Sites in any manner
- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct
- Attempt to indicate in any manner that you have a relationship with PacSci EMC or that PacSci EMC has endorsed you or any products or services for any purpose
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Sites for the purpose of sending spam or other commercial messages
- Attempt to reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law)
- Use or attempt to use another’s account without authorization from such user and PacSci EMC
- Develop any third-party applications that interact with User Content or the Sites without PacSci EMC’s prior written consent
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by PacSci EMC to access the Sites, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Sites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray PacSci EMC or its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking Sites does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PacSci EMC logo or other proprietary graphic of PacSci EMC to link to the Sites without the express written permission of PacSci EMC. Further, you may not use, frame or utilize framing techniques to enclose any PacSci EMC trademark, logo or other proprietary information, including the images found on the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without PacSci EMC’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PacSci EMC or any third party.
9. Third-Party Content
The Sites may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). PacSci EMC does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that PacSci EMC is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on the Sites does not imply affiliation, endorsement or adoption by PacSci EMC of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. PacSci EMC is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third-Party Content on the Sites. When you leave the Sites, you should understand that PacSci EMC’s terms and policies no longer govern and that the terms and policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about PacSci EMC, the Sites or PacSci EMC’s products (collectively, “Feedback”). You acknowledge and agree that Feedback are non-confidential and shall become the sole property of PacSci EMC. PacSci EMC shall own, and you hereby assign to PacSci EMC, all right, title, and interest, including all intellectual property rights, in and to such Feedback and PacSci EMC shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by PacSci EMC to confirm such assignment to PacSci EMC.
11. Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, PacSci EMC has adopted a policy of terminating, in appropriate circumstances and in its sole discretion, Site users who are deemed to be repeat infringers. PacSci EMC may also, in its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Sites infringes any copyright which you own or control, you may file a notification of such infringement with PacSci EMC’s Designated Agent as set forth below:
Designated Agent:John Davis
Address:3601 Union Road, Hollister, CA 95023
Fax Number:(831) 637-4914
Telephone Number:(831) 630-5306
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by PacSci EMC or the alleged infringer as the result of PacSci EMC’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You agree to defend, indemnify and hold harmless PacSci EMC, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “PacSci EMC Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any Feedback and/or User Content you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Sites.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PACSCI EMC. PACSCI EMC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES AND SITE MATERIALS. PACSCI EMC DOES NOT REPRESENT OR WARRANT THAT THE SITES OR SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE PACSCI EMC ATTEMPTS TO MAKE YOUR ACCESS TO AND — USE OF THE SITES AND SITE MATERIALS SAFE, PACSCI EMC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THEIR SERVER(S) ARE FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD — USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIR– USES FROM ANY DOWNLOAD.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PACSCI EMC OR THE PACSCI EMC PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF — USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE — USE OF OR INABILITY TO — USE THE SITES OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CA– USED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM PACSCI EMC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIR– USES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PACSCI EMC’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PACSCI EMC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE — USE OF OR INABILITY TO — USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PACSCI EMC FOR ACCESS TO OR — USE OF THE SITES.
15. Modifications to the Sites
PacSci EMC reserves the right to modify or discontinue, temporarily or permanently, the Sites, or any features or portions thereof, without prior notice. You agree that PacSci EMC will not be liable for any modification, suspension or discontinuance of the Sites, or any part thereof.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECA– USE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH PACSCI EMC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM PACSCI EMC.
You and PacSci EMC agree to arbitrate any dispute arising from these Terms or your use of the Sites, except that you and PacSci EMC are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and PacSci EMC agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to PacSci EMC shall be sent to email@example.com. You and PacSci EMC further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Benito County, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Benito County, California have exclusive jurisdiction over any appeals of an arbitration award. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND PacSci EMC WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
17. Applicable Law and Venue
These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of California, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 16 does not apply, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Benito County and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
PacSci EMC reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.