erms
And Conditions for the Use of this Website, Logos, and Copyrighted
Materials
The following terms and conditions
govern your use of the NEMA Surge Protection Institute website, and
any services contained within the website. By using this website,
you agree to be bound by these terms and conditions. Some documents
below might require Adobe
Acrobat Reader (www.adobe.com).
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INDEX
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Hyperlinking:
Copyright/Reprints:
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Other:
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1.0
Copyrighted information. The pages on this website may
contain other proprietary notices or copyright information, the
terms of which must be observed and followed. All information, text,
articles, data, images, or other works of authorship (hereinafter
"Works") contained on any page of NEMA's website are
copyrighted by the National Electrical Manufacturers Association or
a third-party (the "Copyright Holder"). Title to copyright
in these Works remains with the Copyright Holder at all times.
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1.1 Your use
of Copyrighted Works: You may only use, download, or copy
the Works found on NEMA's website in compliance with these terms and
conditions. Except as provided herein, any reproduction,
distribution, or retransmission of any information contained on this
site without the prior written consent of NEMA is
prohibited.
Permission to download and
copy any Works, excluding the NEMA logos and
the phrase, "Setting Standards for Excellence,"TM (see
section 3) on NEMA's website is granted, provided that:
- The copyright notice on the
homepage of NEMA's website appears on the copy or display along
with a notice that the Work is reprinted with permission of the
National Electrical Manufacturers Association,
- Use or reproduction is for
informational or personal use only, and
- No modifications of any Works
are made.
- Any permitted copies of the
Works must retain the copyright notice, and any other
proprietary notices contained in such Works. You must indicate
that the Work was copied with permission of the National
Electrical Manufacturers Association.
- You may not edit, modify, or
make use of the Works without the express, prior written consent
of NEMA.
- You may not use any content
contained in the Works in any manner that may give false or
misleading impression or statement as to NEMA, the Copyright
Holder, or any third party referenced in any Work, or which
falsely disparages any product made by any company, whether or
not they are a member of NEMA.
- You may not republish, display,
or distribute copyrighted Works without the express written
consent of NEMA.
- Nothing on NEMA's website shall
be construed as conferring any license under any Copyright
Holder's property rights, either expressly or impliedly.
- NEMA may modify the foregoing
terms at any time, and NEMA may revoke any of the foregoing
rights as well as any use or access authorizations granted to
users of this site at any time.
1.2 Permission
to Reprint Standards. NEMA grants conditional permission to
reprint standards or portions of standards under certain limited
conditions, such as to textbook authors, for a fee. To request
consideration, please complete the request form (available in
the right column).
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2.0 Copyright,
Ownership in Publications Prepared in the Course of NEMA Projects,
Activities and Programs.
NEMA owns and maintains the rights in any NEMA standard, guideline,
draft standard or guideline, and any other NEMA publications and
related property, in all forms (whether in print, audiotapes,
videotapes, software, CD ROM, internet web site or any other
medium). NEMA has the exclusive right to copyright any of its print,
electronic products, databases, audio/visual products, and any other
subject matter covered by the Copyright Act, Title 17, United States
Code. By participating in any committee or group activity or program
of a NEMA Division or Subdivision which prepares, edits, revises or
publishes any NEMA standard, guideline, draft standard or guideline,
and any other publication, each member of NEMA and the individual
participants and committee members acknowledge and agree that the
copyright to such publication resides in NEMA.
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3.0
Hyperlinking and Logo usage: Non-Members (including
associations, governmental agencies or units, educational
institutions, etc.).
3.1 NEMA does not permit the use
of its logo without its express prior written consent and the
execution of a usage agreement. Click here for
more information about or to request permission to use the NEMA
logo.
3.2 You
may establish hyperlink(s) to any portion of this website. NEMA
makes no guarantee that the content or URL will remain the same for
any page on its website. Please monitor your links to ensure their
operation.
3.3 You shall not
state or imply in any way (including placement of the NEMA name or
identifier, or by the imposition of any frames, browser windows or
third party content) that NEMA has endorsed, tested, or certified
your company, products, services or website(s).
3.4 NEMA may
provide hyperlinks to non-member websites, and will make every
effort to ensure, though it makes no guarantee, that the links are
valid. Please report any broken, missing, or invalid links to the Webmaster.
3.5 You
acknowledge and agree that (i) NEMA's trademark and name, including,
but not limited to, NEMAź mark, the teal NEMAź logo, the NEMAź
Member logo, and the phrase, "Setting Standards for
Excellence,"TM (collectively, the
"Marks"), NEMA's website and its contents are and shall
remain the sole property of NEMA; (ii) nothing in this Agreement
shall give you any right of ownership in the Marks or NEMA's
website; (iii) you shall not now or in the future contest the
validity of the Marks; and (iv) you shall not take any action that
would impair the value or goodwill associated with the Marks or
NEMA's image or reputation; you shall not use the Marks in
any way that might be misleading including, without limitation,
stating or implying that goods or services are certified by NEMA.
3.6 NEMA reserves
the right to terminate this Agreement with or without cause at
any time. If NEMA terminates this Agreement, you shall remove any
and all links to this website within twenty-four hours of receipt of
notice from NEMA.
3.7 You agree to
defend, indemnify and hold NEMA, its trustees, officers, employees
and agents from and against any claims, demands, damages, causes of
action, loss or judgments arising from your breach of this agreement
or your hyperlink to NEMA's website. You expressly agree that the
use of NEMA's materials, Marks and website is at your sole risk.
NEMA does not warrant that its service will be uninterrupted or
error free, NEMA provides this access "as is" without
warranty of any kind. NEMA disclaims all warranties, expressed or
implied, including, but not limited, to the implied warranty of
merchantability and fitness for a particular purpose. In no event
will NEMA be liable for any direct, indirect, incidental, special or
consequential damages including, but not limited to, loss of profit,
loss of data, loss of business or other loss arising out of or
resulting from this agreement or the use of any of the materials or
Marks under this agreement or access to any of the services
described in this agreement even if NEMA has been advised of the
possibility of such damages. The foregoing shall apply regardless of
the negligence of NEMA and regardless of whether such liability is
found in contracts, negligence, tort or any theory or liability.
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4.0
Disclaimers and Limitation on Liability
4.1 Disclaimer of
Warranties. The contents of NEMA's website, including
the works, are provided "as is," and NEMA makes no
representations or warranties, express or implied, of any kind with
respect to its website or its content. NEMA claims all
representations and warranties, including without limitation,
warranties of merchantability, fitness for a particular purpose or
use, title and non-infringement.
4.2 Disclaimer of
Accuracy. NEMA does not represent or warrant that
information accessible via this website is accurate, complete or
current. The NEMA website could contain typographical errors or
technical difficulties. NEMA reserves the right to add to, change or
delete its content or any part thereof without notice. Additionally this website
may contain information provided by third parties. NEMA makes no
representation or warranty regarding the accuracy, truth, quality,
suitability or reliability of such information provided by third
parties.
4.3 Disclaimer of
Guaranty (Publications). NEMA publishes standards,
guidelines, and other information about electrical products and
their use. These publications represent the consensus views of NEMA
members and other interested persons who participate in their
preparation. Because they represent only views that are arrived at
by consensus, the reader may want to consult other sources of
information. The standards or guidelines presented in a NEMA
Standards Publication are considered technically sound at the time
they are approved for publication. They are not a substitute for a
product seller's or user's own judgment with respect to the
particular product discussed, and NEMA does not undertake to
guaranty the performance of any individual manufacturers' products
by virtue of this standard or guide. Thus, NEMA expressly disclaims
any responsibility for damages arising from the use, application, or
reliance by others on the information contained in these standards
or guidelines by others.
4.4 Limitation on
NEMA's Liability. Neither NEMA, nor its members,
governors, officers, employees or other representatives will be
liable for damages arising out of or in connection with the use or
misuse of this website, the works, even if advised of the
possibility thereof. This is a comprehensive limitation of liability
that applies to all damages of any kind, including without
limitation, loss of data, income or profit, loss of or damage to
property and claims of third parties. You have sole responsibility
for the use of the information on NEMA's website and for adequate
protection and backup of data and/or equipment used in connections
with NEMA's website, and you will not make any claim against NEMA
for lost data, re-run time, inaccurate output, work delays or lost
profits resulting from your use of the website and the works.
4.5 Limitation on Liability
of Copyright Holders. Copyright holders will not be
liable for any direct, indirect, special or consequential damages
arising out of any use of this website and the works or performance
or implementation of the contents or the works.
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5.0 Links to
Third Party Sites. Other websites that can be accessed by
you via NEMA's website are not under the control of NEMA. NEMA is
not responsible for the contents of any website linked to this website
or any remote link accessible from such website. Linkage to other
sites from this website is provided solely as a convenience to the
users of this website, and the linkage does not constitute,
expressly or impliedly, an endorsement by NEMA of any linked website
or the products or services of that organization or person.
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6.0 User
Responsibility and Input. In utilizing this website, any
communication, material or comments received by NEMA with
respect to the contents of this website by a user of the website
shall be treated as public, non-confidential information, and NEMA
shall have no obligation of any kind with respect to such
information and NEMA shall be free to use, disclose, or distribute
such information to third parties without limitation. NEMA shall
have no obligation to compensate the person or organization who
transmitted such information for the use of such information by NEMA
or any third party.
6.1 The disclosure
of personal information is covered in NEMA's Privacy
Policy.
6.2 The User
agrees that it will not use NEMA's website, including its forums,
for any illegal or wrongful purpose. While not intended to be
exhaustive, the following is a list of uses of NEMA's website which
are prohibited:
6.2.1 Any
expression of animus, bias, cursing, name-calling against
individuals or groups, offensive material such as obscenity,
vulgarity, or profanity, jokes, sarcasm or other non-business-like
or offensive communications. Communications which are considered
offensive include, but are not limited to, any messages which
contain sexual implications (including pornography), racial slurs,
gender-specific comments, or comments that offensively address
someone's age, gender, sexual orientation, religious or political
beliefs, national/ethnic origin or disability.
6.2.2 Harassment
of any sort, including but not limited to sexual or gender-based
harassment, racial harassment, religious harassment, and the like,
and harassment which is intended to cause emotional distress.
6.2.3 Personal
commercial activities, religious causes, personal charitable
solicitations, personal political activity, support for outside
organizations which are not related to the direct conduct of NEMA's
business.
6.2.4 The knowing,
reckless, or negligent dissemination of false information of any
kind which could tend to injure any firm, entity or person, or any
product made by them, even if that information is originally
published by someone else.
6.2.5 Any
illegal activity such as, and without limiting the generality of the
prohibition, violations of antitrust laws, export administration
laws, securities laws, copyright, patent, or trademark laws, or
civil rights laws.
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7.0
Trademarks. NEMAź is the registered trademark and service
mark of the National Electrical Manufacturers Association. All other
marks mentioned on this website are the trademarks of their
respective owners. Nothing contained in this website should be
construed as granting, by implication, estoppel, or otherwise, a
license or right to use any trademark displayed on this website
without prior written permissions of the National Electrical
Manufacturers Association or other trademark owners.
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8.0 NEMA
reserves the right to delete or change any information transmitted
to or from this website which violates these terms and conditions of
use.
9.0 NEMA
reserves the right to change, modify, add or delete materials from
its website without notice.
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