Please read carefully:
Portions of the Website may contain or display information and other material supplied by third parties and you are subject to their rights separate and apart from the rights of InfraMeasure ("Third Party Content"). You agree to comply with all copyright notices, information, licensing terms or other restrictions provided below under the heading Third Party Terms, or contained in or provided with Third Party Content (collectively, "Third Party Terms").
1. Description of Service
InfraMeasure currently provides users with access to a collection of on-line resources, including information regarding InfraMeasure products and services. You understand and agree that the Website is provided "as is" and that InfraMeasure assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. In order to use the Website, you must obtain access to the World Wide Web. InfraMeasure maintains this website for your personal entertainment, information and education. Please feel free to browse the Website. You may print or download material owned by InfraMeasure displayed on the Website for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Website in whole or in part for any purpose, without written permission from InfraMeasure or the owner of such content in each instance. The rights specified above to view, download and print the Content available on this Website are not applicable to the design or layout of this Website. Elements of this Website are protected and may not be copied or imitated in whole or in part.
2. Trademark Information
All names, trademarks, logos and service marks (“Marks”) displayed on the Website are owned or under license by InfraMeasure or its partners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks without the written permission of InfraMeasure or such third party that may own the Trademarks. Your use of the Marks, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You may not use any meta tags or any other text or content (hidden or visible) that includes or references InfraMeasure’s name or Marks without InfraMeasure’s express written consent. You are also advised that InfraMeasure will aggressively enforce its intellectual property rights to the fullest extent of the law.
3. Copyright Information
You should assume that everything you see or read on the Website is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions, without the written permission of InfraMeasure. InfraMeasure neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with InfraMeasure.
4. Use of Images
Images of people, places or products displayed on the Website are either the property of, or used with permission by InfraMeasure. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Website Security
In addition to prohibitions imposed by law, You are prohibited from intentionally breaching or attempting to breach the security of the Website or InfraMeasure’s servers, including, without limitation, (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test for vulnerability in a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with or deny service to any user, host or network, including, without limitation, via means of submitting a virus or "trojan horse" to the Website, overloading, "flooding", "mail bombing" or "crashing", or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Breaches or attempted breaches of system or network security may result in civil or criminal liability. InfraMeasure will investigate any such occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting offenders.
InfraMeasure makes no warranties or representations as to the Website or its accuracy. InfraMeasure assumes no liability or responsibility for any errors or omissions in the content or operation of the Website. Your use of the Content on the Website is at your own risk. Changes are made periodically to the Website and may be made at any time. In the event an InfraMeasure product or service is listed at an incorrect price due to typographical error, InfraMeasure shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. InfraMeasure shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, InfraMeasure shall issue a credit to your credit card account in the amount of the incorrect price.
ALTHOUGH INFRAMEASURE MAKES EVERY EFFORT TO ENSURE ALL CONTENT, SERVICES AND LINKS ARE ACCURATE, RELIABLE, COMPLETE AND TIMELY. THE WEBSITE IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES WHATSOEVER. INFRAMEASURE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRNTIES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. INFRAMEASURE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ANY SERVERS ON WHICH IT IS HOSTED ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IN NO EVENT SHALL INFRAMEASURE, ANY OF ITS AFFILIATES, ADVERTISERS, ITS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF INFRAMEASURE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
7. Links to Third Party Websites
The Website may contain links to third party websites. Such links are provided solely as a convenience to you and not as an endorsement by InfraMeaure of the contents on such third party websites. InfraMeaure is not responsible for the content of linked third party websites and does not make any representations regarding the content or accuracy of the content on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
8. Notice and Procedure for Making Claims of Copyright Infringement
INFRAMEASURE, INC. is committed to complying with U.S. copyright law and expects all who access our website, including subscribers and members, to do the same. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the internet. Under the DMCA, copyright owners may contact the authorized agent of an internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, InfraMeasure will remove or block access to the allegedly infringing material. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to InfraMeasure. InfraMeasure shall not be made a party to disputes over alleged copyright infringement.
If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, you should seek advice of legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a web page hosted by InfraMeasure is violating your rights under U.S. copyright law, you may file a complaint thereof with InfraMeasure designated agent in the manner described below.
Steven E. Story
Kaufman & Canoles, P.C.
150 W. Main Street, Suite 2100
Norfolk, VA 23510
By telephone: (757) 624-3257
By facsimile: (757) 624-3169
By e-mail: firstname.lastname@example.org
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
(a) a physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work claimed to have been infringed;
(c) identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit InfraMeasure to locate the material;
(d) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
(f) a statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
See 17 U.S.C. § 512(c)(3) for more details.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the wrongfully accused material, court costs, and attorneys’ fees.
Counter-Notification to Claimed Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with InfraMeasure’s designated agent at the address listed above. Such counter-notification must contain the following information:
(a) a physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
(d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant.
If InfraMeasure receives a valid counter-notification, the DMCA provides that the removed material will be restored or access re-enabled.
You should be aware that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
InfraMeasure’s Mailing Address:
4701 Shore Drive
Virginia Beach, VA 23455
Questions or problems should be sent to:
Any rights not expressly granted herein are reserved by InfraMeasure.
Last updated: July 16, 2012