ADVANCED THERMAL SCIENCES TERMS OF USE
Welcome to the Web site of Advanced Thermal Sciences, Inc. (“ATS”). This Web site (the “ATS Web Site’ or the “Web Site’) provides general information about ATS and its products and services free of charge to users in the United States. Where appropriate, the term “ATS” refers both to ATS and its affiliates.
All users of the ATS Web Site are subject to the following terms and conditions of use (these “Terms of Use’).
Please read these Terms of Use carefully before accessing or using any part of this Web Site. By accessing or using this Web Site, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the ATS Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Web Site.
ATS may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the ATS Web Site after the posting of revised Terms of Use means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Web Site, your sole and exclusive remedy is to discontinue using this Web Site.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Web Site (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ATS or its affiliates or licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the ATS Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of ATS. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Web Site without the prior written consent of ATS, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your Web browser for display enhancement purposes, and (c) print a reasonable number of pages of the ATS Web Site; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Web Site are transferred to you, but remain with ATS or the applicable owner of such content. Except as expressly authorized by ATS in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this Web Site, (b) access to this Web Site or (c) use of this Web Site or of any services or materials available through this Web Site.
ACCESS AND INTERFERENCE
You agree that you will not (a) use any robot, spider or other automatic device, process or means to access this Web Site, (b) use any manual process to monitor or copy any of the material on this Web Site or for any other unauthorized purpose without the prior written consent of ATS, (c) use any device, software or routine that interferes with the proper working of this Web Site, (d) attempt to interfere with the proper working of this Web Site, (e) take any action that imposes an unreasonable or disproportionately large load on the ATS infrastructure, or (f) access, reload or “refresh” transactional pages, or make any other request to transactional servers, more than once during any three (3) second interval.
USE OF THE ATS WEB SITE
You agree to use the ATS Web Site only for lawful purposes:
(a)Specifically you agree not to do any of the following: (1) upload to or transmit on the ATS Web Site any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the ATS Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the ATS Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the ATS Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the ATS Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the ATS Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the ATS Web Site, or which, as determined by ATS, may harm ATS or users of the ATS Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to any publicly available section of the ATS Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by ATS, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of ATS. You understand and acknowledge that you are responsible for whatever content you submit, and you, not ATS, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the ATS Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the ATS Web Site. You grant to ATS the right to use all content you upload or otherwise transmit to the ATS Web Site in any manner ATS chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
(c) ATS reserves the right, but does not assume any responsibility, to (1) remove any material posted on the ATS Web Site which ATS, in its sole discretion, deems inconsistent with the foregoing commitments, including any material ATS has been notified, or has reason to believe, constitutes a copyright or trademark infringement; and (2) terminate any user’s access to all or part of the ATS Web Site. However, ATS can neither review all material before it is posted on the ATS Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, ATS assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ATS reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, ATS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the ATS Web Site and may expose you to civil and/or criminal liability.
TRADEMARKS
The ATS name, the terms (view trademarks), the ATS logo and all related names, logos, product and service names, designs and slogans are trademarks of ATS and/or its affiliates. You may not use such marks without the prior written permission of ATS. All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners
ONLINE PURCHASES
All purchases made through the ATS Web Site are governed by the applicable ATS purchase agreement with the entity making the purchase.
LIABILITY OF ATS AND ITS LICENSORS
ATS does not assume any liability for the materials, information and opinions provided on, or available through, this Web Site (the “Site Content”) or any of the services provided on, or available through, this Web Site, including, without limitation, the File Transfer Center, the ATS Supplier Manufacturing Process Specifications Database and the Major In-Service Problem Database (the “Site Services”). Reliance on the Site Content and Site Services is solely at your own risk. ATS disclaims any liability for injury or damages resulting from the use of any Site Content or Site Services.
THE ATS WEB SITE, THE SITE CONTENT, THE SITE SERVICES AND THE PRODUCTS PROVIDED ON OR AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER ATS NOR ANY PERSON ASSOCIATED WITH ATS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE ATS WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ATS NOR ANYONE ASSOCIATED WITH ATS WARRANTS OR REPRESENTS THAT THE ATS WEB SITE, THE SITE CONTENT OR THE SITE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ATS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ATS WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ATS DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
IN NO EVENT WILL ATS OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE ATS WEB SITE, THE SITE CONTENT OR THE SITE SERVICES OR ANY CONTENT OR SERVICES PROVIDED ON OR THROUGH ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ATS WEB SITE OR THE SITE CONTENT OR SITE SERVICES, WHETHER OR NOT THERE IS NEGLIGENCE BY ATS AND WHETHER OR NOT ATS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless ATS and its officers, directors, employees, agents, affiliates, third party information and service providers, licensors, contractors and others involved in the ATS Web Site or the delivery of products, services or information over the ATS Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the ATS Web Site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
ATS use of your personal information and your responsibilities in connection with protecting your privacy are described in the ATS Privacy Policy, which is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
ATS welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by ATS or its advertisers or business partners in response to solicitations on this Web Site will become ATS property and you agree that all intellectual property rights therein are transferred to ATS. You understand that any postings, or content submitted for posting, to publicly available portions of the ATS Web Site are non confidential for all purposes.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The ATS Web Site contains links to other Web sites on the Internet. ATS is not responsible for and does not endorse the content, products, services or practices of any third party Web sites, including, without limitation, sites framed within the ATS Web Site or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party Web sites is at your own risk and subject to the terms and conditions of use for such Web sites.
COMPLIANCE
The owner of this Web Site is based in the State of California, USA. ATS makes no representation that materials in this Web Site are appropriate or available for use in other locations. If you access this Web Site from other locations, you are responsible for complying with local laws.
CONTACT
If you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use, please contact us at: copyright@atschiller.com
MISCELLANEOUS
These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the ATS Web Site shall be in the state or federal courts located in or near Anaheim, California. You agree to submit to the jurisdiction of such courts.
These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and ATS with respect to the ATS Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the ATS Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.
ATS failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and ATS nor any trade practices shall be deemed to modify these Terms of Use.