Terms of Use Agreement
Welcome to the Internet site of ACTRON Manufacturing ( “ACTRON ”). For purposes of this Agreement, ACTRON Manufacturing shall be referred to herein as “ACTRON ” or “We”, and you, the user who establishes or accesses a connection for access to and uses of the ACTRON Site shall be referred to herein as “you” or “user”.
Please read these terms and conditions carefully before using the ACTRON Site. This Agreement, which constitutes a legal agreement between you and ACTRON and incorporates by reference other provisions applicable to the ACTRON Site, sets forth the terms and conditions that apply to your personal use of the ACTRON Site. By using the ACTRON Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the ACTRON Site.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these terms and conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means, including without limitation, posting on the ACTRON Site or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Please check these Terms of Use periodically for any changes. Any use of the ACTRON Site following such notice shall be deemed to constitute your acceptance and agreement of such changes, modifications or additions.
RESTRICTIONS ON USE OF MATERIALS
All materials contained on any of the ACTRON Site, including without limitation, text, software, photos, PDF diagrams, technical drawings and graphics are the copyrighted property of ACTRON Manufacturing as a collective work under the United States copyright laws. ACTRON Manufacturing or its affiliates, content providers or licensors own a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. In addition, all trademarks, service marks, trade names, and trade dress on the ACTRON Site are proprietary to ACTRON. No material from the ACTRON Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed or in any way exploited, except that you may download one copy of the materials on any single computer for your personal use only, provided that you register on the ACTRON Site. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ACTRON. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletions of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
You expressly understand and agree that:
Your use of the actron site is at your sole risk and the actron site is provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, actron and its affiliates, employees, agents, third party content providers or licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
Actron and its affiliates, employees, agents, third party content providers or licensors make no warranty that (i) the actron site shall meet your requirements, (ii) the actron site shall be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, (iii) the content or the results that may be obtained from use of the actron site shall be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased, licensed or obtained by you through the actron site shall meet your expectations, and (v) any errors in the software or on the actron site shall be corrected.
No advice or information, whether oral or written, obtained by you from actron , through or from the dvs site, shall create any warranty not expressly stated in this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other theory or cause of action.
In no event will actron, or any person or entity involved in creating, producing or distributing any of the actron site, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the actron site. You hereby acknowledge that the provisions of this section shall apply to all content on any of the actron site.
REGISTRATION AND ORDERING
Some services offered on the ACTRON Site require that you fill out a registration or ordering page on which you will be asked to provide certain information about yourself, including without limitation, your name, email address, contact information, and credit card information. You agree that any information which you provide to ACTRON on any section of its Site shall be true, accurate, and complete, and will be promptly updated if and when any of your previously submitted information changes.
USER NAME & PASSWORD
You shall receive a password and user name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and user name, and are fully responsible for all activities that occur under your password or user name. You agree to (i) immediately notify ACTRON of any unauthorized use of your password or user name or any other breach of security, (ii) ensure that you exit from your account at the end of each session, and (iii) defend, indemnify and hold harmless ACTRON and its affiliates, officers, directors, employees, agents third-party content providers and licensors from any loss or damage arising from the use of your password or user name.
MONITORING
ACTRON shall have the right, but not the obligation, to monitor your conduct on the ACTRON Site as well as the content in your account, to determine compliance with this Agreement and any operating rules established by ACTRON and to satisfy any law, regulation or authorized government request.
PRIVACY
We take the issue of your privacy seriously. We do not share this information with anyone unless you permit us to do so. No credit card information is collected on the Actron site.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless ACTRON , its affiliates and respective directors, officers, employees, third-party content providers and licensors from and against all claims and expenses (including reasonable attorneys’ fees and disbursements) arising out of your use of the ACTRON Site. This provision will survive termination of this Agreement.
TERMINATION
These terms and conditions are effective until this Agreement is terminated by either party. Either you or ACTRON may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to immediately terminate your access and/or account without notice in the event we, in our sole discretion, find your conduct to be unacceptable, or in the event you breach any of the terms or conditions of this Agreement.
THIRD PARTY LINKS
As a convenience, the ACTRON Site may link to other sites that may be of interest to you, but are not under our control. These links do not imply an endorsement by ACTRON and we are not responsible for the availability of or the content contained in any linked site, or any cookies that may be placed by the operators of such site (including without limitation by means of the link from the website).
JURISDICTIONAL ISSUES
Unless otherwise specified, the content on any of the ACTRON Site are presented solely for the purpose of use in the United States and its territories, possessions, and protectorates. The ACTRON Site is controlled and operated by ACTRON Manufacturing from its U.S. offices in California. Those who do choose to access the ACTRON Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the ACTRON Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
GENERAL PROVISIONS
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to such state’s conflict of law rules. The federal and state courts situated in the County of Alameda in the State of California shall have exclusive jurisdiction over this Agreement and you agree to submit to the personal and exclusive jurisdiction of such courts. The failure of ACTRON to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and, in any case, the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and ACTRON with respect to the ACTRON Site and the terms and conditions herein, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ACTRON with respect to the ACTRON Site. This Agreement may not be modified except in writing and signed by ACTRON.
