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Please read the following Terms and Conditions carefully. They govern your
access to and use of this Website.
METTLER TOLEDO operates this Website (the “Site”) for business, professional
and academic visitors and their organizations. Several portions of this Site
are available to all visitors; access to certain portions of this Site may be
restricted to visitors who register or otherwise qualify for such access. This
Site is not intended for general public consumers.
By accessing or using this Site, you agree to be bound by these Terms and
Conditions and accept them in full, as they may be modified by Mettler-Toledo
(the "Company" or “METTLER TOLEDO”) from time-to-time and posted on this Site.
If you do not agree to these Terms and Conditions, you may not use this site.
The individual using this Site acknowledges and agrees that he or she is doing
so in a business, professional, or academic capacity, and that the individual
and the business, professional, or academic organization on whose behalf the
individual is using this Site are subject to these Terms and Conditions, and
accept them in full, as they may be modified by METTLER TOLEDO from
time-to-time and posted on this Site. The terms “you,” “visitor”, or “User”
refer to both the Site visitor and his or her organization.
These Terms and Conditions incorporate by reference the Privacy Policy.
Although METTLER TOLEDO attempts to provide accurate information, names,
images, pictures, logos, icons, documents, and materials (collectively, the
"Contents") on the Site, it makes no representation, endorsement, or warranty
that such Contents are accurate or suitable for any particular purpose.
THE SITE AND ITS CONTENTS ARE PROVIDED ON AN "AS IS" BASIS. USE OF THE SITE AND
ITS CONTENTS IS AT THE USER'S SOLE RISK. THE SITE AND ITS CONTENTS ARE PROVIDED
WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS, OR WARRANTIES OF ANY KIND
WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF TITLE OR ACCURACY AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH THE SOLE EXCEPTION
OF WARRANTIES (IF ANY) WHICH CANNOT BE EXPRESSLY EXCLUDED UNDER APPLICABLE LAW.
AS NOTED BELOW, METTLER TOLEDO ALSO MAKES NO REPRESENTATIONS, ENDORSEMENTS, OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY SITE OPERATED BY A
THIRD PARTY. IN NO EVENT WILL METTLER TOLEDO OR ITS OWNERS, DIRECTORS,
OFFICERS, SUBSIDIARIES, AFFILIATES, CONTRACTORS, AGENTS OR THEIR RESPECTIVE
EMPLOYEES (“METTLER TOLEDO AND ITS AFFILIATES”) BE LIABLE FOR ANY DAMAGES,
INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF
LIABILITY, ARISING IN CONNECTION WITH: ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, LOSS OF USE RELATED TO THIS SITE OR
ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY
OTHER WEBSITE, THE INFORMATION OR SERVICES OFFERED, ADVERTISED, OR PROVIDED
THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF THE
USER’S TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR
NOT SENT OR RECEIVED EVEN IF METTLER TOLEDO IS AWARE OF THE POSSIBILITY OF SUCH
DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, ANY OF METTLER TOLEDO AND ITS
AFFILIATES SHOULD BE FOUND LIABLE FOR ANY SERVICE DAMAGES, THE TOTAL AGGREGATE
LIABILITY OF METTLER TOLEDO AND ITS AFFILIATES ARISING OUT OF THE SUBJECT
MATTER OF THESE TERMS AND CONDITIONS SHALL NOT EXCEED U.S. $500.
THE USER ACKNOWLEDGES THAT THE CONTENTS AT THIS SITE MAY CONTAIN INACCURACIES
AND ERRORS, BOTH SUBSTANTIVE AND TYPOGRAPHICAL. METTLER TOLEDO DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE,
OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE
SITE. THE USER ACKNOWLEDGES THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE,
OPINION, STATEMENT OR OTHER INFORMATION SHALL BE AT THE USER’S SOLE RISK.
METTLER TOLEDO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY
ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. METTLER TOLEDO MAY MAKE ANY
OTHER CHANGES TO THE SITE, THE MATERIALS, AND THE SERVICES DESCRIBED IN THE
SITE AT ANY TIME WITHOUT NOTICE.
METTLER TOLEDO DOES NOT WARRANT THAT THE CONTENT OF CASE STUDIES PUBLISHED OR
REPUBLISHED ON THIS SITE OR ANY OTHER PRODUCT REVIEW OR DESCRIPTION OR OTHER
CONTENT ON THIS SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
METTLER TOLEDO DOES NOT INTEND ANY REFERENCES TO ENTITIES, PRODUCTS OR SERVICES
DISCUSSED OR REFERENCED ON THIS SITE OR ANY LINKS ON THIS SITE TO BE REFERRALS
OR ENDORSEMENTS OF SUCH ENTITIES, PRODUCTS OR SERVICES. EACH USER UNDERSTANDS
THAT, EXCEPT FOR PRODUCTS, OR SERVICES CLEARLY IDENTIFIED AS BEING SUPPLIED BY
METTLER TOLEDO, METTLER TOLEDO DOES NOT OPERATE, CONTROL, OR ENDORSE ANY
INFORMATION, PRODUCTS, OR SERVICES ON THE INTERNET, INCLUDING ON THE SITE, IN
ANY WAY. EACH USER ALSO UNDERSTANDS THAT METTLER TOLEDO CANNOT AND DOES NOT
GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL
BE FREE OF INFECTION BY VIRUSES OR OTHER COMPUTER CODES THAT MANIFEST
CONTAMINATING OR DESTRUCTIVE PROPERTIES. EACH USER IS RESPONSIBLE FOR
IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY EACH USER’S
REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS
EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. METTLER TOLEDO
DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR ANY USER’S USE OF THE SITE.
EACH USER AGREES THAT METTLER TOLEDO WILL NOT BE LIABLE FOR ANY INVESTMENT
DECISION MADE OR ACTION TAKEN BY THE USER OR OTHERS BASED UPON RELIANCE ON
NEWS, INFORMATION, OR ANY OTHER MATERIAL PUBLISHED BY METTLER TOLEDO OR A THIRD
PARTY, INCLUDING, BUT NOT LIMITED TO, FINANCIAL INFORMATION AND INFORMATION
ABOUT METTLER TOLEDO. METTLER TOLEDO MAKES NO CLAIMS OR REPRESENTATIONS AS TO
THE ACCURACY, COMPLETENESS, OR TRUTH OF ANY MATERIAL CONTAINED ON OUR SITE.
STATEMENTS ON METTLER TOLEDO’S SITE WHICH ARE NOT HISTORICAL FACTS MAY BE
CONSIDERED "FORWARD-LOOKING STATEMENTS" THAT INVOLVE RISKS AND UNCERTAINTIES.
FOR A DISCUSSION OF THESE RISKS AND UNCERTAINTIES, WHICH COULD CAUSE ACTUAL
EVENTS OR RESULTS TO DIFFER FROM THOSE CONTAINED IN THE FORWARD-LOOKING
STATEMENTS, SEE METTLER TOLEDO’S ANNUAL REPORT ON FORM 10-K FOR THE MOST
RECENTLY ENDED FISCAL YEAR, AND SUBSEQUENT SEC FILINGS.
USER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS METTLER TOLEDO AND ITS
AFFILIATES FROM AND AGAINST ANY LOSSES, DAMAGES, CLAIMS, ACTIONS, OR DEMANDS OF
ANY RIGHT OF ANY PERSON OR ENTITY, INCLUDING PERSONAL INJURY AND DEATH (AND
INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES AND
EXPENSES), REGARDLESS OF WHETHER THEY ARISE OUT OF OR ARE ATTRIBUTABLE TO ANY
ACT OR OMISSION, NEGLIGENT OR OTHERWISE, OF METTLER TOLEDO AND ITS AFFILIATES,
ARISING OUT OF OR IN CONNECTION WITH (i) USER’S USE OF THE SITE, OR ANY
CONTRACTS ENTERED INTO OR SERVICES OR PRODUCTS OFFERED OR SOLD OR PURCHASED AS
A RESULT OF ANY CONTACT INITIATED ON OR THROUGH THE SITE, (ii) USER’S BREACH OF
THESE TERMS & CONDITIONS, OR (iii) THE INFRINGEMENT BY USER, OR ANY OTHER
PERSON USING USER’S COMPUTER OR PERSONAL LOGIN OR PASSWORD, OF ANY RIGHT OF ANY
PERSON OR ENTITY. THIS INDEMNIFICATION PROVISION SHALL APPLY TO THIRD-PARTY
CLAIMS AS WELL AS CLAIMS BETWEEN THE PARTIES TO THESE TERMS AND CONDITIONS.
Users may not resell, republish, or copy (other than a copy for User’s use),
any of the Contents of this Site without the prior written consent of METTLER
TOLEDO, which may be withheld in its sole discretion.
Except where otherwise expressly noted, all Contents of this Site, including
the graphics, icons and overall appearance of the Site, are the sole and
exclusive property of Mettler-Toledo GmbH, CH-8606 Greifensee, Switzerland
and/or its subsidiaries or affiliates. The posting of the Contents of this Site
neither constitutes a waiver of any of METTLER TOLEDO's proprietary rights,
including but not limited to, copyrights, trademarks, servicemarks, patents,
and other intellectual property, nor a transfer or license by implication,
estoppel, or otherwise of any such right or of any license to the Site User or
to any third party. Contents of this Site are protected by United States and
international copyright laws, both as individual works and as a collection. You
agree not to delete any copyright or similar notice from any Contents you
obtain from the Site.
By posting content or submitting material a User grants METTLER TOLEDO and its
affiliates a royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative
works from, distribute, and display such content throughout the world in any
media. The User grants METTLER TOLEDO and its affiliates and sublicensees the
right to use the name that the User submits in connection with such content, if
they choose. The User represents and warrants that the User owns or otherwise
controls all of the rights to the content that the User posts; that the content
is accurate; that use of the content the User supplies does not violate the
Terms and Conditions and will not cause injury to any person or entity; and
that the User will indemnify METTLER TOLEDO or its affiliates for all claims
resulting from content the User supplies. METTLER TOLEDO has the right but not
the obligation to monitor and edit or remove any activity or content. METTLER
TOLEDO takes no responsibility and assumes no liability for any content posted
by Users or any third party.
A. Notification Notifications of claimed copyright or other intellectual
property infringement should be sent to the Site's designated agent. ALL
INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL
RECEIVE NO RESPONSE. METTLER TOLEDO respects the intellectual property
of others, and we ask our Users and visitors to do the same. METTLER TOLEDO
will process and investigate notices of alleged infringement and will take
appropriate actions under the Digital Millennium Copyright Act ("DMCA") and
other applicable intellectual property laws.
If you (“Complaining Party”) believe that your work has been copied in a way
that constitutes copyright infringement, please provide METTLER TOLEDO the
following information. (If the alleged infringement involves intellectual
property other than copyrights, METTLER TOLEDO will apply analogous
procedures.) Please be advised that to be effective, the Notification must
include ALL of the following:
1. A physical or electronic signature of the person authorized to act on behalf
of the owner of an exclusive copyright that is allegedly infringed;
2. a description of the 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 e-mail address and all other information
reasonably sufficient to permit METTLER TOLEDO to contact you;
5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; and
6. a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright owner or
authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed.
7. If the Complaining Party is asserting a misuse of its trademark, service
mark, trade dress, name or other indicia of origin (“Mark”), it must also
provide: the Mark that is being infringed; the goods and/or services covered by
or offered under the identified Mark; the date of first use of the Mark; the
date of first use in interstate commerce of the Mark; the mark the Complaining
Party believes is an infringement of its Mark; the goods and/or services
covered by or offered under the mark claimed to be infringing by the
Complaining Party; the precise location of the allegedly infringing mark; and a
good faith certification, signed under penalty of perjury, stating: (i) that
the identified mark infringes the right of another party, (ii) the name of such
said party, (iii) the Mark being infringed, and (iv) that the use of the mark
alleged to be infringing is not defensible.
Notices of claimed copyright, or other alleged intellectual property,
infringement should be directed to METTLER TOLEDO’S designated agent
(“Designated Agent”):
By Mail:
Mettler-Toledo, Inc.
Associate General Counsel
1900 Polaris Parkway
Columbus, Ohio 43240
USA
By Fax:
+1 (614) 438 4848
By E-mail:
Peter.Edwards@mt.com
(Please include "Notice of Infringement" in the subject line.)
B. Counter-Notification
If the Complaining Party provides METTLER TOLEDO with appropriate written
notification, as described above, including information reasonably sufficient
to permit METTLER TOLEDO to locate and remove or disable the material in
question, then METTLER TOLEDO will forward the Complaining Party's written
notification to such alleged infringer (hereinafter "Alleged Infringer") and
shall take reasonable steps to promptly notify the Alleged Infringer that it
has removed or disabled access to the material. An Alleged Infringer may
provide Counter Notification by providing a written communication to METTLER
TOLEDO’s Designated Agent above that includes substantially the following:
1. A physical or electronic signature of the Alleged Infringer;
2. 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;
3. a statement under penalty of perjury that the Alleged Infringer has a good
faith belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled; and
4. the Alleged Infringer’s name, address, and telephone number, and a statement
that the Alleged Infringer consents to the jurisdiction of the Federal District
Court for the judicial district in which the address is located, or if the
Alleged Infringer's address is outside of the United States, for any judicial
district in which METTLER TOLEDO may be found, and that the Alleged Infringer
will accept service of process from the Complaining Party or an agent of such
Party.
Upon receipt of a Counter Notification as described, METTLER TOLEDO shall
promptly provide the Complaining Party with a copy of the Counter Notification,
and inform such Party that METTLER TOLEDO may replace the removed material or
cease disabling access to it in 10 business days. METTLER TOLEDO may replace
the removed material and cease disabling access to it not less than 10, nor
more than 14, business days following receipt of the Counter Notification,
unless METTLER TOLEDO’s Designated Agent first receives notice from the
Complaining Party that such Complaining Party has filed an action seeking a
court order to restrain the Alleged Infringer from engaging in infringing
activity relating to the material on METTLER TOLEDO’s system or network.
METTLER TOLEDO may establish links between this Site and one or more Websites
operated by third parties. METTLER TOLEDO has no control over any such other
Websites or the contents therein. The existence of any such links shall not
constitute an endorsement by METTLER TOLEDO of such Websites, the contents of
the Websites, or the operators of the Websites.
Transmissions to and from this Site are not confidential and your
communications may be read or intercepted by others. Any transmission to this
Site shall be deemed and remain the property of METTLER TOLEDO. METTLER TOLEDO
shall be free to use, for any purpose, any ideas, concepts, know-how, or
techniques provided by a Site User to METTLER TOLEDO through this Site.
METTLER TOLEDO provides access to data that may contain references or cross
references to METTLER TOLEDO products and services that may not be available,
or readily available, in your country. Such reference does not imply that
METTLER TOLEDO intends to market such products or services in your country.
METTLER TOLEDO provides (or may provide) interactive forums, chat rooms, news
groups, bulletin boards, and other interactive areas (“Interactive Areas”) on
the Site. If a User uses any of the Interactive Areas, the User is solely
responsible for the User’s communications and the consequences of posting those
communications. METTLER TOLEDO does not assume any responsibility for the
truthfulness, accuracy, or reliability of any material posted on any of the
Interactive Areas. METTLER TOLEDO does not assume any responsibility for the
consequences of any of the communications posted on or arising from postings on
any of the Interactive Areas.
In consideration for being allowed to use the Interactive Areas, the User
agrees not to engage in any of the activities listed under the heading
“Improper Uses of the Site.” The User also agrees not to impersonate any other
person.
METTLER TOLEDO reserves the right to record the dialogue in public chat rooms
but is not obligated to do so. METTLER TOLEDO does not screen communications in
advance and is not responsible for screening or monitoring material posted by
Users or any other person or entity. METTLER TOLEDO reserves the right to
remove or edit communications which are abusive, illegal, disruptive, or that
otherwise constitute “Improper Uses of the Site;” however, METTLER TOLEDO shall
not be obligated to do so.
METTLER TOLEDO reserves the right to monitor, edit, or disclose any posting on
the Interactive Areas for lack of adherence to the Terms and Conditions, if
required in the course of normal operation and maintenance of the Site, or if
required to do so by law or in the good faith belief that such action is
necessary (i) to comply with the law applicable to METTLER TOLEDO or with legal
process served on METTLER TOLEDO; (ii) protect and defend the rights of METTLER
TOLEDO or others; or (iii) to protect the personal safety of Users or the
public; however, METTLER TOLEDO shall not be obligated to do so.
METTLER TOLEDO HAS NO LIABILITY OR RESPONSIBILITY TO USERS, OR ANY OTHER PERSON
OR ENTITY FOR THE PERFORMANCE OR NONPERFORMANCE OF ANY OF THE AFOREMENTIONED
SCREENING ACTIVITIES.
METTLER TOLEDO reserves the right, but is not obligated, to remove from the
Site any materials it deems objectionable. USER AGREES TO HOLD HARMLESS AND
INDEMNIFY METTLER TOLEDO AND ITS AFFILIATES AND PARTIES WITH WHOM METTLER
TOLEDO HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL
CLAIMS BASED UPON INFORMATION OR COMMUNICATIONS MADE OR MATERIALS POSTED BY
OTHERS OR THE USE BY THIRD PARTIES OF THIS SITE.
METTLER TOLEDO may, at its sole discretion, immediately terminate a User’s
access to the Site without notice should User’s conduct fail to conform with
any provision of these Terms and Conditions. Termination may prevent
confirmation or completion of outstanding and/or incomplete transactions. Some
of the foregoing prohibited acts are also punishable by law.
User is Solely Responsible for Conduct
User agrees that it is solely responsible for its actions and the content of
its transmissions through or postings on the Site.
User Agrees to Comply with Applicable Rules
User agrees to comply with: (i) any and all regulations, policies, and
procedures of the Site; and (ii) any and all applicable local, state, national,
and international laws and regulations that relate to his, her, or its use of
or activities on the Site.
In using the Site, User agrees not to: (i) disrupt or interfere with the
security of, or otherwise abuse, the Site, or any services, system resources,
accounts, servers, or networks connected to or accessible through the Site or
affiliated or linked sites; (ii) disrupt or interfere with any other User's
enjoyment of the Site or affiliated or linked sites; (iii) upload, post, or
otherwise transmit through or on the Site any viruses or other harmful,
disruptive, or destructive files or disabling devices; (iv) take any action
that imposes an unreasonable or disproportionately large load on the Site’s
infrastructure; (v) transmit through or on the Site any spam, chain letters,
junk mail, or any other type of unsolicited bulk e-mail to Users or individuals
that have not agreed to receive such mailings; (vi) use another User’s account,
service, or system without authorization from METTLER TOLEDO; (vii) create or
use a false identity on the Site; (viii) attempt to obtain unauthorized access
to the Site or portions of the Site which he, she, or it is restricted from
accessing; (ix) extract, collect, or harvest, through electronic means or
otherwise, any data or data fields from the Site including, without limitation,
customer identities; (x) post or otherwise disseminate on or through the Site:
(a) unlawful, harassing, libelous, tortuous, abusive, offensive, threatening,
or obscene communications or material of any kind; (b) materials that infringe
or violate any third party’s copyright, trademark, right of publicity, patent,
trade secret, privacy or other proprietary or property right; or (c) materials
that could constitute a criminal offence, give rise to civil liability, or
otherwise violate any applicable law or regulation or that are otherwise
objectionable (as determined by METTLER TOLEDO) including, without limitation,
content that evidences bigotry, racism, sexism, or hatred or that promotes
illegal activities or physical harm against anyone; (xi) use or attempt to use
the Site as a vehicle to communicate with METTLER TOLEDO’s competitors,
customers, or suppliers about price, supply, availability, terms of sale, or
any other competitively sensitive topic.
Mettler Toledo May Terminate Site
At any time, METTLER TOLEDO may terminate, change, suspend, or discontinue any
aspect of the Site, temporarily or permanently, without notice. METTLER TOLEDO
is not obligated to continue to support or update the Site. METTLER TOLEDO may
impose limits on certain features or services or restrict the User’s access to
parts or all of the Site. THE USER ACKNOWLEDGES AND AGREES THAT METTLER TOLEDO
AND ITS AFFILIATES SHALL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY IN THE
EVENT THAT METTLER TOLEDO EXERCISES ANY OF THESE RIGHTS.
User acknowledges that METTLER TOLEDO and User are not engaged in and shall not
be deemed to be engaged in a partnership, joint venture, joint enterprise, or
agency relationship of any kind or for any purpose by virtue of the User’s
status as a User.
METTLER TOLEDO reserves the right to delegate, contract for, or otherwise
transfer any or all of its obligations or functions to a third party. User may
not delegate or otherwise assign any of its obligations and/or rights under the
Terms and Conditions to any other person or entity without the prior written
consent of METTLER TOLEDO.
METTLER TOLEDO may at any time make modifications, changes, and alterations to
the Contents of this Site, including these Terms and Conditions, without prior
notice.
These Terms and Conditions shall be governed by and construed in accordance
with the law of Zurich, Switzerland, without regard to conflict of laws
principles.
Any controversy or claim arising out of or relating to these Terms and
Conditions shall be exclusively subject to the jurisdiction of the Court of
Commerce (Handelsgericht) in Zurich, Switzerland, and not to the jurisdiction
of a court determined pursuant to the 1980 U.N. Convention on contracts for the
international sale of goods, or any other law, treaty or convention.
By using this Site, and notwithstanding the “Venue” provision, you agree that
METTLER TOLEDO, at its sole discretion, may require you to submit any disputes
arising from the use of this Site, or these Terms and Conditions concerning or,
including disputes arising from or concerning their interpretation, violation,
nullity, invalidity, non-performance or termination, as well as disputes about
filling gaps in this contract or its adaptation to newly arisen circumstances,
to final and binding arbitration under the International Rules of Arbitration
of the American Arbitration Association, by one or more arbitrators appointed
in accordance with the said Rules. Notwithstanding these rules, however, such
proceeding shall be governed by the laws of Zurich, Switzerland, without regard
to the 1980 U.N. Convention on contracts for the international sale of goods,
or any other law, treaty or convention.
Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any party
other than the direction to pay a monetary amount. Further, the arbitrator(s)
shall have no authority to award punitive, consequential or other damages not
measured by the prevailing party's actual damages in any arbitration initiated
under this section, except as may be required by statute.
In the event that any provision of the Terms and Conditions shall, in whole or
in part, be determined to be invalid, unenforceable, or void for any reason,
the remainder of the Terms and Conditions shall not be affected in any way
thereby.
No waiver by METTLER TOLEDO of any right under or term or
provision of these Terms and Conditions will be deemed a waiver of any other
right, term, or provision of these Terms and Conditions at that time or a
waiver of that or any other right, term, or provision of these Terms and
Conditions at any other time.
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