Terms of Use

Welcome to Cone Instruments online ("www.coneinstruments.com"). Please review the following basic terms that govern your use of our Site (the "Agreement"). By using this site, you agree to follow and be bound by these terms. If you do not agree with one of these terms, please do not use this Site.

GENERAL

We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed, so please read this Agreement regularly. We may also change, move or delete portions of, or may add to, our Site from time to time.

SITE CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, product artwork and text, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Cone Instruments. ("Cone Instruments"). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Cone Instruments.

The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents or the Site.

USER COMMENTS AND SUBMISSIONS

We welcome your comments regarding our Site, our products and our services. However, all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Cone Instruments on or by this Site or otherwise disclosed (collectively, "Comments") shall be and remain the property of Cone Instruments. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cone Instruments of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Cone Instruments will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Cone Instruments is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to Cone Instruments will violate anyone else's right, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that Cone Instruments may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

PRODUCT INFORMATION

All products displayed at the Site are offered while supplies last. Our inventory constantly changes to fill the needs of our direct mail catalogs; in doing so we may not always offer every direct mail product for sale on the Site.

At the current time, products displayed on the Site can only be delivered within the United States. Prices are displayed in U.S. Dollars and are valid and effective only in the United States.

We have tried to accurately display the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor. We cannot guarantee that your monitor's display of any color will be accurate.

Also note that many of the products pictured are prototypes. Finished design and color may vary.

PAYMENT TERMS

By placing an order on the Site, you authorize Cone Instruments to collect payment from your credit card company for the charges which include the total product price, applicable taxes as well as shipping and handling.

LINKS TO OTHER WEB SITES AND SERVICES

If you have any concerns regarding any outside site linked to or from the Site, please direct them to the owner or operator of the outside site. Cone Instruments is not responsible for any outside sites, services or other materials linked to or from the Site, and disclaims all liability for any injury you may experience by using such materials.

DISCLAIMER

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT CONE INSTRUMENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold Cone Instruments harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site or your violation of any of this Agreement.

MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the sale of Cone Instruments products and services in the United States. Cone Instruments controls and operates this site from Solon, Ohio.

This Agreement shall be construed in accordance with the laws of the State of Ohio, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Ohio.

TERMINATION

This Agreement is effective unless and until terminated by either you or Cone Instruments. You may terminate this Agreement at any time. Cone Instruments also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Cone Instruments sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Cone Instruments, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.