Hardest Working Data Loggers in the Industry - ACR
Terms of Service

The following terms and conditions ("Terms") govern your use of the Services (as defined in section 1) from ACR Systems Inc. ("ACR" or "us") and your use of the www.acrsystems.com web site ("Site"). By using the Services or using or accessing this Site, you expressly agree to be bound by these Terms and all other provisions referred to herein.

These Terms may be changed by ACR from time to time. Accordingly, you agree to review the Terms periodically at http://www.acrsystems.com/terms/. In addition to these Terms, you shall be subject to any posted guidelines or rules applicable to such Services, which may be posted from time to time. All such guidelines, rules are hereby incorporated by reference into these Terms. Products sold or licensed, including all software downloadable from this site, are subject to the terms of any additional applicable agreements governing their individual use.

  1. Description of Site & Services. ACR manufactures, sells and distributes a number of products including a complete line of compact information loggers to measure and record temperature, relative humidity, electric current, pressure, process signals, pulse frequency, power quality and other information. ACR also licenses information logging software. This Site provides a number of services including providing (a) information about ACR, its affiliates, dealers and its products; (b) a means to purchase products and services; (c) a discussion forum; (d) a method to communicate with ACR; and (e) such other services as ACR determines from time to time (collectively, the Services").
  2. Permitted Use of the Site and Services. You may use the Site in order to (a) view, download and print for your own use only any web pages to which ACR permits access to the public; and (b) in order to use the Services. For greater certainty the right herein granted only permits you to access the Site through the home page.
  3. Prohibited Use of the Services. You shall not and you shall not permit any third party to:
    1. use the Site or Services to interfere with or disrupt any services, servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to any services so connected;
    2. use, modify, publish, transmit, transfer, license, sell, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the information, data, text, software, music, video, sound, electronic data, graphics, messages or other materials (collectively, the "Content") comprising the Site, in whole or in part, except as permitted by these Terms; or
    3. copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer or encumber any right in the software comprising the Site.
  4. Software License. Subject to the restrictions contained in these Terms, ACR grants you a non-exclusive non-transferable license (with no sub-license rights) to access the on-line Content of the Site and to use in executable form the software comprising this Site. Any other software downloaded from, or products otherwise provided through, this Site are provided to you subject to additional applicable terms.
  5. Your Registration Obligations. You shall provide true, accurate, current and complete information about yourself if prompted by the Site's registration form (such information being the "Registration Data") and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
  6. Password and Security. You must take all reasonable precautions to maintain the secrecy of any password and username with respect to your account, including ensuring that any information stored on any computer with which you access our Site is protected against unauthorized access by third parties. You must memorize your password and username and not record them or save them anywhere whether on paper, electronically, or otherwise. You shall be responsible for all uses of your password and charges incurred through the use of the password. You must notify us of any unauthorized use of your password or account or if you know or suspect that your password is lost or stolen or has become or may have become known to another person or might otherwise be available for unauthorized use of our Services and you must take such reasonable steps as are necessary to prevent any reoccurrence of such event. Until you give such notice to us and it is actually received and processed, you will be liable for all uses and transactions that may occur as a result of authorized or unauthorized use of your password.
  7. Your Content and Forum Usage. You:
    1. may not use the Site or Services to upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
    2. shall not upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, solicitation or fundraising materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    3. shall not port or transmit any information, software or other Content which contains a virus, worm, bot or other harmful component;
    4. gather or otherwise collect any information about other users of the Site or otherwise take any action in contravention of ACR's Privacy Policy;
    5. hereby grant ACR a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, transmit, preserve, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Content that you submit to ACR or to the Site (in whole or part) anywhere and for any purpose and/or to incorporate it in other works in any form, media, or technology now known or later developed and you waive any moral rights that you may have with respect to such Content;
    6. warrant and represent that you own or otherwise control the rights to the Content that you submit to ACR or to the Site and that your submission, posting and the use of such Content by ACR will not infringe or violate the rights of any third party;
    7. acknowledge that ACR has the right in its sole discretion to refuse to post, move, edit or remove any Content that is available via the Site or Services;
    8. acknowledge that you are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Site or Services;
    9. will not restrict or otherwise inhibit any other user from using or enjoying the Site or the Services;
    10. acknowledge that you must evaluate, and bear all risks associated with, the use of any submitted Content, including any reliance on the accuracy, completeness, or usefulness of such Content; and
    11. acknowledge that ACR may establish general practices and limits concerning use of the Services, including without limitation the maximum uploaded Content that will be retained by the Services. You agree that ACR has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services.
  8. Monitoring. You understand that ACR has no obligation to monitor or otherwise supervise any Content of any users. However, ACR reserves the right at all times to disclose any information as necessary to satisfy any court order, law, regulation or government request, or to refuse to post or to remove any Content, in whole or in part, that in ACR's sole and absolute discretion are objectionable or in violation of any provisions of these Terms or of any policy of ACR. You acknowledge that ACR reserves the right to, and may from time to time, monitor any and all Content transmitted or received through the Site, for operational and other purposes. During monitoring, Content may be examined, recorded, copied and used for authorized purposes in accordance with these Terms and ACR's Privacy Policy. Use of the Site constitutes consent to such monitoring.
  9. Privacy. Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please see our privacy policy at www.acrsystems.com/privacy. You consent to the use of such Registration Data in accordance with the ACR Privacy Policy. You hereby consent to ACR being able to access your Registration Data, account records and submissions on a case-by-case basis to investigate complaints or other allegations of abuse.
  10. Local Law. You shall comply with all local rules regarding online conduct and acceptable Content. In particular, you agree to comply with all applicable laws regarding the transmission of data exported from Canada.
  11. Indemnity. You shall indemnify and hold ACR, and its subsidiaries, affiliates, directors, officers, contractors, agents, and employees, harmless from all damages, costs, liabilities, and any claim or demand, including reasonable lawyers' fees, made by any third party, due to or arising out of Content you submit, post to the Site or transmit through the Services, your use of the Services, your connection to the Services, your violation of the Terms, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, ACR account or password, whether or not authorized by you. ACR reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you shall cooperate with ACR's defence of such claim.
  12. Access and Duplication. You may not reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Services, the Site, use of the Services, or access to the Site or Services except as otherwise expressly set forth herein. You are not permitted to link to any portion of the Site other than the home page and you are not permitted to "frame" or otherwise bypass any security or other mechanisms or processes utilized by the Site. You are not permitted to rebroadcast or otherwise re-transmit any portion of the Site or any Services in any manner whatsoever.
  13. Site Links. The Site may contain links to other web sites or services. Because ACR has no control over such sites or services you acknowledge and agree that ACR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ACR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, Content, goods or services available on or through any such site or services. You agree that you will not link to any page in the Site from another web site unless expressly authorized by ACR in writing.
  14. ACR's Proprietary Rights. You acknowledge and agree that the Site, Services and all Content provided by the Site including any necessary software used in connection with the Site or Services ("Software") contain proprietary information that is protected by applicable intellectual property and other laws and is owned, controlled, and/or licensed by ACR or any of its respective affiliates and related companies or the party credited as the provider of the Content. In addition, the Site is protected as a collective work and/or compilation, pursuant to copyright laws and international conventions. Nothing in this Site should be considered as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, logos or other names, including but not limited to, those identifying ACR, affiliates or related companies, or their respective products or services.
  15. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
    1. YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. ACR MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL BE CURRENT, ACCURATE, RELIABLE OR MEET YOUR EXPECTATIONS, OR (v) THAT ANY ERRORS IN THE SITE, SERVICE OR SOFTWARE WILL BE CORRECTED;
    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND
    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACR OR THROUGH OR FROM THE SITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  16. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR OTHER INTANGIBLE LOSSES (EVEN IF ACR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) INVALID DESTINATIONS, TRANSMISSION ERRORS, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR SERVICES; (v) YOUR FAILURE TO RECEIVE ANY THIRD PARTY SERVICE OR PRODUCTS REQUESTED THROUGH THE SITE OR SERVICES (vi) OUR DELETION OF ANY CONTENT ON THE SITE OR CHANGES TO THE SERVICES OR SITE, OR (vii) ANY OTHER MATTER RELATING TO THE SITE OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR MAY ONLY APPLY TO YOU IN PART.
  17. Notice. Notices to you may be made via either email or regular mail. ACR may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the Site. While ACR may give you notices from time to time, it is not obligated to do so.
  18. Trademarks. The ACR logo, ACR JR. Data Logger, ACR OWL, SmartReader, SmartReader Plus, ACR Bottle Logger, ACR PowerWatch, and other ACR logos, names, trade-marks and service names are trademarks of ACR Inc. (the "ACR Marks"), whether or not registered. You agree not to display or use in any manner, the ACR Marks unless you have the prior written consent of ACR.
  19. Copyright Infringement. ACR respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ACR with the following information:
    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. a description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located on the Site;
    4. your address, telephone number, and email address; and
    5. a statement by you, made under penalty of perjury, that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  20. Term. The Terms shall apply until terminated in accordance herewith.
  21. Termination. ACR may terminate the Terms, Services or access to the Site (or any part thereof) at its sole discretion, with or without cause effective immediately. If you are dissatisfied wiite or Services or with these Terms, your sole and exclusive remedy is to discontinue using the Site and Services.
  22. Modification of Site & Services. You acknowledge and agree that the Site and Services may be modified or discontinued in whole or in part without notice to you and ACR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or deletion of Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Site or Services, including the release of new ACR Services or products, shall be subject to these Terms.
  23. Benefit & Waiver. The Terms will inure to the benefit of ACR's successors, assigns and licensees. The failure of ACR to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
  24. Assignment. These Terms and the rights thereunder may be assigned by ACR but may not be assigned by you.
  25. Severability. If any provision of these Terms are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in full force and effect.
  26. Governing Law. The Terms and the relationship between you and ACR shall be governed by the laws of British Columbia and the law of Canada applicable therein excluding conflict of laws provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and its domestic enactments is expressly excluded. You and ACR agree to submit to the personal jurisdiction of the courts located within British Columbia, Canada in relation to claims arising under or related to the Terms.
  27. Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  28. Entire Agreement. These Terms and any policies posted in respect of these Terms constitute the entire agreement with respect to the subject matter hereof and supersede all prior terms in respect of the same subject matter.
  29. Survival. All the sections of these Terms survive termination except sections 1, 2, 4 and 6.

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