This site is owned and operated by Insight Automation, Inc. (“Insight”). We, Insight and its affiliates, provide this web site and any associated or related services to you, the user of this site, subject to your acceptance of and compliance with this Agreement. Please read these terms carefully before using this site and/or any services associated therewith. Your use of this website and the associated services confirms your unconditional acceptance of these terms and conditions. If you do not accept these terms and conditions, do not use this site.
Changes to this Agreement
1. We reserve the right, in our sole discretion, to revise this Agreement at any time. Any changes to these terms will be included in a revised version of this Agreement accessible through the site. Your continued use of the site and any related services following the effective date of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms. You must cease using the site if you do not agree to be bound by the revised terms and conditions.
General Use and Site License
3. This site and its related services are intended for use only by those who are 18 years of age or older and of the age of majority in the jurisdiction in which they reside. If you are not 18 or older and of the age of majority in the jurisdiction in which you reside, you cannot use this site.
4. We grant you a limited, nonexclusive and revocable license to make use of the site for personal use or use in connection with your company’s business for the purpose of learning about PULSEROLLER products, interacting with our company and its affiliates, and using legitimate PULSEROLLER products. Subject to the terms and conditions contained herein, you may view, copy, download or print materials from this site for your business use; however, this license does not include permission to post, upload or otherwise publish the materials found on this site to any other site. This license also does not include any rights not specifically enumerated herein. You agree to use this site only for lawful purposes and in accordance with the terms and conditions contained herein.
5. Without altering the scope of the license, and except as expressly provided for in this Agreement, this license does not include the right (a) to modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell the site or any of the content of the site, including but not limited to the trademarks and copyrights of Insight and its affiliates as well as any software used in connection with the site, or to make derivative use of the site or its content; (b) to download or copy any personal information associated with the site for your own use or for the benefit of another party; (c) to bypass any technical measures used to prevent or restrict access to any portion of the site; (d) to reverse engineer, decompile or disassemble the site, or to convert into human readable form any of the contents of this site not intended to be so read, including but not limited to using or directly viewing the underlying code for the site except as interpreted and displayed in a web browser; (e) to use any data mining, robots, or similar automated data gathering and extraction tools to access the site; (f) to violate or attempt to violate the security of the site, or (g) to interfere with or attempt to interfere with the proper working of the site.
6. You acknowledge that your use of this site is at our sole discretion, and your license to use the site may be terminated by us at any time, for any reason or for no reason. We reserve the right, in our sole discretion, to refuse service and/or to block or prevent future access to and use of this site or any portion thereof. Following termination of this license, the terms of this Agreement shall still apply to the extent practicable.
7. You agree and warrant that all information you provide to us through this site, including but not limited to any contact information you provide, is truthful and accurate.
Ownership of Intellectual Property
8. Unless otherwise noted, all content included on this site (including images, illustrations, designs, icons, photographs, video clips, text and other material) is the property of Insight or our affiliates, suppliers, partners or other third party licensors. All content not owned by Insight is used by us with the permission of its owner, and the compilation of this site is the exclusive property of Insight. The content on this site is protected by intellectual property and other laws in the United States and throughout the world. Nothing found on this site may be copied, reproduced, republished, distributed, sold, licensed, transferred or modified without the express written permission of Insight or the owner of the material in question. You agree that you will not take any actions inconsistent with our ownership of the site and its content.
9. The trademarks, logos, and service marks displayed on this site are owned by Insight and third parties, and this site’s trade dress is owned by Insight. All trademarks not owned by Insight are the property of their respective owners, and, where used by Insight, are used with permission. Nothing contained on this site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark. Our trademarks and/or trade dress may not be copied, imitated or used, in whole or in part (including use in metatags or in hidden text), without our prior written permission. You agree that you will not take any actions inconsistent with our ownership of, or any third party’s ownership of, the trademarks and trade dress used on this site.
License for Materials available through Downloads Section of Site
10. Insight may provide links to certain downloadable materials — including brochures, catalogs, drawings, manuals, product specification, software and firmware (hereinafter, the “Materials”) — through the Downloads section of this site. By downloading any of these Materials from the site, you agree to abide by the terms and conditions in the following subparagraphs, which constitute a separate license to these Materials. This license may be revoked at any time by Insight, after which you must make no further use of the downloaded Materials and must destroy or delete all copies of the Materials in your possession or control.
B. Unless otherwise expressly permitted by Insight in writing, you will not and you have no right to (a) copy any Materials (except, in the case of software or firmware downloaded from this site, as required to run said software or firmware on or in connection with one or more legitimate and genuine PULSEROLLER products, as well as for reasonable backup purposes, and except, in the case of documentation, you are permitted to make copies as reasonably necessary for your own personal or business use); (b) distribute or display the Materials to any third party; (c) modify, adapt, or otherwise create derivative works of any Materials or portions thereof, including but not limited to software and firmware, which are available through the site; (d) rent, lease, loan, resell, transfer, sublicense, disclose or otherwise provide any Materials or portions thereof to any third party; (e) decompile, disassemble or reverse-engineer any Materials, including but not limited to software or firmware, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in any Materials, except as otherwise permitted by applicable law; (f) use the Materials or any portion thereof to develop substitute or competitive products, documents, software, firmware or other items, except as otherwise permitted by applicable law; (g) attempt to disable or circumvent any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any Materials; (h) remove or obscure any copyright, trademark, patent, or other proprietary notices, legends or symbols from any Materials; (i) otherwise access or use any Materials except as expressly authorized in this Agreement; or (j) encourage or assist any third party to do any of the foregoing.
C. You acknowledge and agree that Insight (and/or its affiliates and licensors) own all worldwide right, title and interest in and to the Materials, including all related intellectual property and other proprietary rights. Except for the limited license expressly granted herein, you acknowledge and agree that you do not acquire and will not claim any right, title or interest in or to any of the Materials or any associated intellectual property or other proprietary rights, whether by implication, operation of law, or otherwise. Notwithstanding anything to the contrary that may be expressed elsewhere, the Materials available for download through this site are licensed, not sold, to you.
D. To the extent applicable, software and firmware available through site is subject to United States Export Controls. You agree that you shall not use, ship, transfer, send or otherwise export or re-export any Materials, including but not limited to software or firmware, in any manner prohibited by the United States Export Administration Act or any other applicable export laws, restrictions or regulations. In particular, but without limitation, you agree that you shall not export or re-export said Materials into any U.S. embargoed countries, to a national or resident of any U.S. embargoed countries, or to anyone on the U.S. Treasury’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By downloading and using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
E. Consistent with the provisions of 48 C.F.R. §§ 2.101, 12.212 and 227.7202, as applicable, any software or firmware, or related items, included in the Materials consist of “Commercial Computer Software” and “Commercial Computer Software Documentation,” and are provided to U.S. Government users only as Commercial Items and with only those rights granted to all other licensees pursuant to the terms and conditions of this license. Unpublished rights are reserved under the copyright laws of the United States.
F. Your use of any software or firmware downloaded from this site may be subject to additional terms and restrictions, as communicated at the time the Materials in question are downloaded, installed and/or first used. You must agree to those additional terms in order to use the software or firmware.
G. Insight may terminate the license granted herein to the Materials at any time, and said license shall terminate automatically if you violate any of the terms of the license. The license granted herein shall also terminate automatically if Insight terminates your right to use the associated website for any reason. Following any termination of this license, you shall destroy any copies of the Materials in your possession and shall thereafter make no use of said Materials.
Links to Third Party Sites
11. From time to time, we may provide links to other internet sites or resources via this site, and other sites may link to this site. We have not reviewed the accuracy of the content of any linked third party site. No endorsement of any such linked third party site is made, either express or implied. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and that we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site or resource. Use of such links is at your own risk.
Disclaimer of Warranties; Indemnification; Resolution of Disputes
12. We provide this site and the associated services in connection with one or more affiliated companies and third party agents. Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify Insight, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies and agents.
13. THIS SITE, ITS CONTENT AND ALL MATERIALS AVAILABLE FOR DOWNLOAD THROUGH THE SITE, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY INSIGHT ON AN “AS IS” AND “AS AVAILABLE” BASIS. INSIGHT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, INSIGHT DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, INSIGHT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS AND ANY MATERIALS AVAILABLE FOR DOWNLOAD THROUGH THE SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. INSIGHT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY, PRODUCT SPECIFICATIONS, OR ANY OTHER INFORMATION OR CONTENT POSTED ON THIS SITE.
14. BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA, SOFTWARE, FIRMWARE AND OTHER MATERIALS DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, AND ANY ASSOCIATED SERVICES IS SOLELY AT YOUR OWN RISK. INSIGHT DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS, DOWNLOADABLE MATERIALS, OR E-MAILS SENT BY OR ON BEHALF OF INSIGHT ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, INSIGHT DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND INSIGHT, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
15. INSIGHT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF INSIGHT HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, INSIGHT WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON OUR COMPUTERS AND/OR SERVERS. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INSIGHT, ITS PARENT, SUBSIDIARIES OR AFFILIATES — WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY — ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO INSIGHT FOR ACCESS TO OR USE OF THE SITE.
16. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. You agree to indemnify, defend and hold harmless Insight, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this site and the services provided in connection with the site, or your breach of any provision of this Agreement or any warranty provided hereunder.
18. You agree that if you are dissatisfied with this site or any services offered in connection with the site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against Insight with respect to this Agreement or the site, your sole and exclusive remedy is to discontinue using the site and any services offered in connection with the site.
19. This web site is created and maintained by Insight in Erlanger, Kentucky. You agree that the laws of the State of Kentucky, without giving effect to any principles of conflicts of laws, will govern this Agreement and any dispute of any sort that may arise between you and Insight or its affiliates. Regardless of where you access this web site, you agree that any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, whether at law or in equity, must be brought in the state or federal courts serving Kenton County, Kentucky, and you hereby irrevocably and unconditionally consent to the exclusive personal jurisdiction of such courts. You further agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
20. This Agreement represents the entire understanding between the parties regarding your use of this site, and supersedes all other agreements, express or implied, between you and us, regarding your use of the site.
21. This Agreement shall not be modified except as provided for herein or except in writing, signed by an authorized representative of Insight. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of our rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.
22. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
23. Any rights not expressly granted herein are reserved.
If you have any questions or suggestions regarding these terms, please contact us at:
Insight Automation, Inc.
2748 Circleport Drive
Erlanger, Kentucky 41018