TERMS AND CONDITIONS OF USE
The following terms and conditions (“Terms”) govern your use of gleason.com (“Web Site”) and the materials that are accessible on or from this Web Site. Please read these Terms before entering this Web Site, and refer to them as necessary as you explore. Your use of this Web Site means that you accept the Terms. If you do not agree with the Terms, please do not visit or use this Web Site. Also, please review the Terms from time to time because they may have changed, and changed Terms are effective from the date of the change.
Copyright and Restrictions on Use of Materials
Gleason Corporation and its affiliates (collectively, “Gleason”) retain all copyrights in any text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Web Site. You are authorized to electronically copy documents (such as white papers, press releases, data sheets, brochures and product descriptions) published on or made available to you through the Web Site solely for your informational, non-commercial, or personal use so long as each copy: (i) is not modified or revised in any manner, and (ii) plainly displays the copyright or other proprietary notices in the same manner as the original, and a statement that the materials are used solely with permission of Gleason. Without Gleason’s written permission, except as permitted by the previous sentence, you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, mirror, modify or otherwise alter any files on this Web Site to or on any other computer, server, web site, or other medium for publication or distribution or for any commercial enterprise. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Gleason copyright, patent, trademark or trade secret information.
Gleason, the Gleason logo and the names of Gleason products and services referenced on this Web Site are either trademarks and/or service marks or registered trademarks and/or service marks of Gleason. All other product and company names mentioned on this Web Site are the trademarks and/or service marks of their respective owners.
Links to Third-Party Sites
Linked sites which you may choose to access through this Web Site are not under the control of Gleason, and Gleason is not responsible for the content, accuracy, or privacy practices of any linked site. Gleason provides links to you only as a convenience, and the inclusion of any link does not imply Gleason’s endorsement of the site or any of its content.
Your Use of the Site
You may not use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Web Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Web Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web Site. Gleason reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Web Site, or any other systems or networks connected to the Web Site or to any Gleason server, or to any of the services offered on or through the Web Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Web Site or any network connected to the Web Site, nor breach the security or authentication measures on the Web Site or any network connected to the Web Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Web Site, or any other customer of Gleason, including any Gleason account not owned by you, to its source, or exploit the Web Site or any service or information made available or offered by or through the Web Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Web Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Site or Gleason’s systems or networks, or any systems or networks connected to the Web Site or to Gleason.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any transaction being conducted on the Web Site, or with any other person’s use of the Web Site.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Gleason or others.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Site, including promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. The Web Site is not a representation or warranty on any product or service and any such products or services may be governed by terms other than these Terms.
Gleason’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Web Site should be construed to alter such agreements.
Gleason may make changes to any products or services offered on the Web Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Web Site with respect to products and services may be out of date, and Gleason makes no commitment to update the materials on the Web Site with respect to such products and services.
Limited Linking License for Other Users and Sites
If you wish to link to this Web Site, you may do so in accordance with the terms and conditions of a limited license. You may include a link to Gleason’s homepage (www.Gleason.com) only. Linking to other content or another page within this Web Site is prohibited without Gleason’s express written permission. This limited license expressly prohibits the framing, reproducing, archiving, altering, editing, or modifying of Gleason’s content in any way or any other activity that may create a misimpression or confusion among users with respect to endorsement, sponsorship, or affiliation. You may use a text only link (Gleason) for the sole purpose of identifying your link to this Web Site. You may not use the Gleason name, logo, and/or trade name for any other purpose whatsoever. Gleason may revoke this limited license immediately if you breach any of its terms. Gleason may also revoke this license upon thirty (30) days’ notice without cause.
Submitting Information to Gleason
All materials and software downloaded from this Web site are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the United States Government of any material or software downloaded from this Web Site is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19 and any other applicable successor regulations that may be applicable. Use of such materials or software by the Government constitutes acknowledgment of Gleason’s proprietary rights in such materials and software.
Export and re-export of any technology (including without limitation the electronic or other transmission of information and software) from this Web Site outside of the United States is subject to all U.S. export control laws. You and your organization will abide by such laws and related regulations.
Gleason may require that you enter certain login information (e.g., username and password) to register to use certain features on this Web Site and Gleason will only use this information to allow you to access such features. You are responsible for maintaining the confidentiality of login information and for restricting access to your device and you agree to accept responsibility for all activities that occur through use of the Web Site on your device.
You also may be required to enter other information to use certain aspects of the Web Site, including your name, contact information (i.e., phone number, e-mail, company name, location), machine related information and service issues.
This information may be used by Gleason to respond to your inquiries and supply you with requested information on its products and services. In addition, Gleason will collect general information (such as the type of operating system and device you use, the service and geographic area from which you access or use the Web Site, the time and length of your visit/use and the pages you visited) to improve the Web Site as well as for marketing research and other marketing purposes. While Gleason may share this information with its affiliates, it will not sell your personally-identifiable information to any other entity.
Gleason may also use third-party tracking applications to determine how and where this Web Site is being accessed.
If you have any questions or concerns about privacy issues you should contact (firstname.lastname@example.org).
You are responsible for the accuracy of all information you provide to Gleason using the Web Site. Gleason does not have to verify the accuracy of any such information and is not responsible for any damages to you caused by its inability or delay in contacting you because of inaccurate information.
Disclaimers and Limitation of Liability
THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS FOR INFORMATIONAL PURPOSES ONLY. GLEASON EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS WEB SITE AND THE INFORMATION CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, Accuracy AND NON-INFRINGEMENT. Gleason cannot ensure that any files or other data you download from the Web Site will be free of viruses or contamination or destructive features. Gleason assumes no responsibility for errors or omissions in this Web Site or other documents which are referenced by or linked to this Web Site. Changes, deletions and additions may be made to the information contained in this Web Site by Gleason at any time without notice, and Gleason may change the products or services described in this publication at any time without notice. Not all products or services referenced in this Web Site are available in all areas. Please contact your local Gleason salesperson or dealer for further information before relying on any information contained herein.
IN NO EVENT WILL GLEASON BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION) BASED ON ANY USE OF THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE. Your sole remedy against Gleason for dissatisfaction with the Web Site or any Content is to stop using the Web Site or any such Content. This limitation of relief is a part of the bargain between the parties.
If, notwithstanding the other provisions of these Terms, Gleason is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Web Site or any Content, Gleason’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Web Site paid in the six months prior to the date of the initial claim made against Gleason, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
You acknowledge and agree that you will not litigate any claims against Gleason or its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You further agree that any cause of action arising out of or related to the Web Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You agree to indemnify and hold Gleason, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Gleason by any third party due to or arising out of or in connection with your use of the Web Site.
Gleason may disclose any information it has about you (including your identity) if it determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Gleason’s rights or property, or the rights or property of visitors to or users of the Web Site. Gleason reserves the right at all times to disclose any information that Gleason deems necessary to comply with any applicable law, regulation, legal process or governmental request. Gleason also may disclose your information when Gleason determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Gleason may preserve any transmittal or communication by you with Gleason through the Web Site or any service offered on or through the Web Site, and may also disclose such data if required to do so by law or Gleason determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Gleason, its employees, users of or visitors to the Web Site, and the public.
You agree that Gleason may, in its sole discretion and without prior notice, terminate your access to the Web Site and/or block your future access to the Web Site if Gleason determines that you have violated these Terms or other agreements or guidelines which may be associated with your use of the Web Site. You also agree that any violation by you of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Gleason, for which monetary damages would be inadequate, and you consent to Gleason seeking any injunctive or equitable relief that Gleason deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Gleason may have at law or in equity.
You agree that Gleason may, in its sole discretion and without prior notice, terminate your access to the Web Site for any reason or no reason including, but not limited to, (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Web Site or any service offered on or through the Web Site, or (4) unexpected technical issues or problems.
If Gleason does take any legal action against you as a result of your violation of these Terms, Gleason will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Gleason. You agree that Gleason will not be liable to you or to any third party for termination of your access to the Web Site as a result of any violation of these Terms.
Applicable Law, Jurisdictional Issues, Severability, and Integration
Unless otherwise specified, this Web Site is controlled by Gleason in New York State. Accordingly, the Terms are governed by the laws of the State of New York, without regard to its conflicts-of-law and choice-of-laws provisions. If you or Gleason takes legal action relating to these terms, you and Gleason agree to file such action only in the County of Monroe, State of New York, either in the Supreme Court of New York or the United States District Court for the Western District of New York, and you and Gleason consent and submit to the exclusive personal jurisdiction of those courts for the purposes of litigating any such action.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining Terms. The Terms represent the entire agreement between Gleason and you relating to the subject matter herein, and you shall be responsible for the acts and omissions of your employees and agents in connection with their use of this Web Site.
Gleason’s failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by it in writing.
Gleason reserves the right to revise or make changes to this Web Site and these Terms at any time without notice. It is your responsibility to check these Terms periodically for changes. Your continued use of the Web Site following the posting of changes will mean that you accept and agree to the changes.
Revised: August 13, 2015.