S-Meter Website Terms & Conditions of ServiceHow this website can be used, permitted and prohibited uses, warranties, and other aspects of service
By using this website, you agree to be bound by the following terms and conditions of service, referred to below as the "Terms of Service."
The services at this website are subject to cancellation at any time for any reason. Martek reserves the right to refuse service to anyone for any reason.
Martek reserves the right to place ads on all pages at this website, including pages containing content submitted by others and pages containing services provided for others.
Internet Data Transfer Charges
You are solely responsible to arrange for and pay for your own Internet access connection and to pay any and all charges that may accrue on your end from downloading web pages, image files, audio files, video files, computer programs, or other content or from audio or video media streaming. Martek has no control over arrangements you make for your own Internet access, bandwidth or data transfer. Martek will not pay any charges whatsoever related in any way to any of that.
Website Links from this Website
Martek has no control over individuals and organizations who have created websites that are linked-to from this website. Martek cannot and does not screen all website content before links to other websites are included at this website. Furthermore, that content is subject to change at anytime without notice to Martek or to visitors at this website. Martek cannot guarantee that links from this website to other websites will not result in the display of objectionable, offensive or inappropriate content. Martek assumes no responsibility for content included at websites it does not control.
Permitted and Prohibited Uses of this Website
The communication receivers at this website is are shared resources. They are available for you to use cooperatively with other users. Multiple users can listen simultaneously, but the receivers can receive only one frequency at a time. You may not unreasonably monopolize usage. You may not maliciously interfere with usage by others. You may not send automated commands of any kind without express permission in advance to do so. Usage in connection with any illegal service or activity is prohibited. Martek may block access by anyone who in its sole judgment violates the spirit and intent of these rules.
Some countries prohibit the reception of certain signals or frequencies that can be received by the remotely controllable receiver at this website. Furthermore, the contents of certain signals that can be received may be considered confidential by sending parties and reception or disclosure to others of signals considered confidential by sending parties may be illegal in your country. Remote communications receiver access has not been provided for any illegal purpose. Illegal use is neither encouraged or condoned.
Changes In Terms and Conditions
Martek may modify or terminate services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user, or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Digital Millennium Copyright Act
It is Martek policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (available at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. We will make a good-faith attempt to contact the owner or administrator of each affected site so that they may make a counter notification pursuant to sections 512(g)(2) and (3) of that Act if we remove or disable access to comply with the Digital Millennium Copyright Act. It is Martek policy to document all notices of alleged infringement on which we act.
Disclaimer of Warranties
Martek disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed at this website. Martek disclaims any responsibility for the deletion, failure to store, midlives, or untimely delivery of any information or material. Martek disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through this website.
THIS "YOUR REMOTE S-METER" WEBSITE AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. MARTEK EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MARTEK DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF SOFTWARE OR EQUIPMENT. MARTEK DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED AT OR THROUGH THIS WEBSITE. MARTEK DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT THIS WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN INFORMATION, MATERIAL OR DATA THROUGH THE USE OF THIS WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH INFORMATION, MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MARTEK BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON ANYTHING AT THIS WEBSITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF MARTEK OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON ANYTHING AT THIS WEBSITE, FROM INABILITY TO USE SERVICES AT THIS WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ANYTHING AT THIS WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED AT THIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THIS WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO THIS WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Martek be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Utah, without giving effect to its conflict of laws provisions of your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by Martek.
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