Last Updated on March 28, 2017
BY USING THE SITE, YOU AFFIRM THAT YOU ARE BOTH A LEGAL RESIDENT OF ONE OF THE 50 UNITED STATES OR THE DISTRICT OF COLUMBIA AND YOU ARE THIRTEEN (13) YEARS OF AGE OR OLDER. YOU ALSO AFFIRM, BY ACCESSING OR USING THE SITE, THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.
1. General Use and Restrictions.
You are responsible for all information, data, text, messages or other materials transmitted by you via the Site. You are responsible for complying with all applicable laws. You are responsible for maintaining the confidentiality of your personal data, such as password and account information. If Additech provides the capability for you to create a User ID and password, you are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person, and that you will not share a single login among multiple people. You agree that you will not sell, trade or otherwise transfer Your login or account to another party and that you will not, unless otherwise specifically agreed to in writing by Additech, charge anyone for access to any portion of the Site, or any information therein. You agree that you are responsible for anything that happens through your account until you cancel your subscription and close your account or prove that your account security was compromised due to no fault of your own.
1.4. Restrictions. Except as provided in Section 1.3 above, you may not (and you agree that you will not) reproduce, alter, modify, create derivative works, or publicly display any Content without first receiving Additech’s express written permission. You further agree not to, without first obtaining Additech’s express written permission, (a) use any of the Additech IP (as defined herein) as metatags on other web sites, (b) use the Site in any manner that is illegal or impairs the operation of the Site or its availability or usage by others, and/or (c) display any part of the Site in frames (or any Content via in-line links). You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to insert any code or product or manipulate the Site in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site. You further agree not to use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of the Site except for customary search engines used in accordance with automated instructions directed to search engines and available on the Site.
2.1. Account and Password. If we issue an account to use the Services to you (an “Account”), we will also issue a username and/or initial password for such Account to you (each user of the Service that is issued an Account shall be referred to herein as a “Registered User”). The portions of the Site available to the general public and to Registered Users may vary. You may not be able to access all features or use all Services on the Site if you do not become a Registered User. You may not authorize any third party to enter and/or use your Account on their behalf. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your Account, you will be responsible for all use by the party using your Account. You agree to (a) immediately notify Additech of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your Account at the end of each session.
2.2 Submissions and User Generated Content.
2.2.2. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information from User Generated Content, are those of the third party and not of Additech. Additech does not represent or endorse the accuracy or reliability of any User Generated Content displayed, uploaded, or distributed on the Site by any third party. You acknowledge that any reliance upon any such third-party User Generated Content is at your sole risk.
2.2.4. You are solely responsible for any User Generated Content you submit to the Site. We shall not be liable for the use or misuse of any information or data, including personal information that is included in any User Generated Content that you submit to the Site.
3. User Generated Content Limitations.
3.2. Any User Generated Content posted by you or others will be deemed not to be confidential or secret. You understand that personal and other information (e.g., username, e-mail address, phone number) that you post on our Site is generally accessible to, and may be collected and used by others, and may result in unsolicited messages or other contact from others. To protect your safety, please use your best judgment when posting information. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you.
4. Linking and Third Party Dealings.
4.2. Linking to the Site. Subject to the further provisions of this Section 4, Additech welcomes links to the Site from other web sites. However, if Additech demands that you not link to the Site, or any portion of the Site, you agree that you will not, directly or indirectly, link to the Site or such portion of the Site as directed in our demand, at any time after such demand is made.
5. Intellectual Property.
5.2. Intellectual Property. The brands, logos, tradenames, copyrights, trademarks, service marks, domain names, trade secrets, know-how, patents, inventions, and any other intellectual property and/or proprietary rights, including rights in and to the Site (collectively, the “Additech IP”) of Additech are the property of Additech, its affiliates, and their respective licensors. Not all Additech IP appears on this Site. Except as expressly provided in Section 1.3 above, none of the Additech IP may be copied, imitated or used, in whole or in part, without Additech’s prior written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Additech or its licensors and may not be copied, imitated, or used, in whole or in part, without Additech’s prior written permission.
6. Parental Controls.
Pursuant to Title 47, United States Code, Section 230(d) as amended, Additech hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available which may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/). Additech does not endorse any of the products or services identified on the aforementioned third party website.
7. Rules for Contests, Sweepstakes, Activities, Surveys, and Similar Promotions.
8. Policy, Notices and Procedures Regarding Claims of Copyright Infringement.
Additech respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify our agent as provided in this Section 8. Pursuant to Title 17, United States Code, Section 512(c)(2), notification of claimed copyright infringement should be directed to:
By Mail: Additech, Inc. Legal/IP Division, Copyright Agent, 10925 Kinghurst, Suite 500, Houston, TX 77099
NOTE: The preceding information in this Section 8 is provided exclusively for notifying Additech that your copyrighted material may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.
10. Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ADDITECH NOR ANY PERSON ASSOCIATED WITH ADDITECH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ADDITECH NOR ANYONE ASSOCIATED WITH ADDITECH REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ADDITECH HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Limitation of Liability.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Modifications to the Site.
For the avoidance of doubt, Additech may modify, suspend, discontinue and/or restrict the use of all or any portion of the Site including, without limitation, the Services and Content, at any time for any reason (or for no reason) and without notice or liability.
13. Governing Law and Jurisdiction.
The Site is hosted on servers located in the United States and is intended to be viewed by residents of the United States. Although the information on this Site is accessible to users outside of the United States, the information on this Site pertaining to Additech products is intended for use only by residents of the United States. Other countries may have laws and regulatory requirements that differ from those of the United States. Additech reserves the right to limit provision of our products and/or Services to any person, geographic region or jurisdiction and/or to limit the quantities or any products and/or Services we provide. Any offer for any product or Service made on this Site is void where prohibited.
14. General Provisions.