TERMS OF USE
Last Updated on March 28, 2017
The Additech, Inc. websites (each, this/the “Site,” and collectively, the “Sites”) are operated by Additech, Inc. or its affiliated companies or subsidiaries (collectively “Additech” or “us” or “we”). These Additech Terms of Use and any additional terms or conditions that we post on the Site from time-to-time (the “Terms of Use”) set forth the terms and conditions under which you may enter and use the Site and any services available on the Site which may include but are not limited to the following: the ability to purchase products through an online store or the ability to create a user profile and submit user generated content to the Site (collectively the “Services”). Registration to use the Services or some features of the Site may be necessary. As part of the registration process, you may be required to select a user name and password, which may require that you provide a screen name and/or a valid email address (the “User ID”). Please read the Terms of Use carefully. By entering, accessing, or using the Site (or registering with the Site), you agree to the Terms of Use and Additech’s Privacy Policy (available at: http://www.additech.com/terms-of-use), without limitation or qualification. If you do not agree to the Terms of Use (without limitation or qualification), you are not authorized to view or use the Site, and you must exit this Site, and cease all access to and use of the Site. The Terms of Use govern your access to and use of the Site regardless of the manner in which you access the Site (internet, mobile network, etc.).
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.
These Terms of Use state the legally binding terms with respect to your use of the Site. Additech reserves the right to modify or change the Terms of Use at any time without prior notice to you. Such modification or change shall be effective upon posting on the Site. If Additech revises the Terms of Use, it will also revise the “Last Updated” date at the top of this page. The most current version of the Terms of Use can be reviewed by clicking on the “TERMS” or “TERMS OF USE” hypertext link located at the bottom of the main page of the Site. Your continued entry to and/or use of the Site after Additech posts any revised Terms of Use constitutes your agreement to any such revised Terms of Use.
1. GENERAL USE AND RESTRICTIONS.
1.1. Use of Site. Conditioned upon, and subject to, your strict compliance with the Terms of Use, Additech grants you a personal, non-exclusive, non-transferable, limited license to enter and use the Site to view information, use the Services and for other purposes expressly permitted by Additech in writing on the Site.
You agree not to (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Site available to any third party, other than as expressly permitted by these Terms of Use; (b) use the Site to process data on behalf of any third party; (c) modify, adapt or hack the Site to falsely imply any sponsorship or association with Additech, or otherwise attempt to gain unauthorized access to the Site or its related systems or networks; (d) use the Site in any unlawful manner, including but not limited to violation of any person’s privacy rights, infringing any person’s intellectual property rights, sending spam or otherwise duplicative or unsolicited messages in violation of applicable law, or engaging in unlawful behavior in violation of any state’s distracted driving laws; (e) use the Site in any manner that interferes with or disrupts the integrity or performance of the Site and its components; (f) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any software making up the Site; (g) use the Site to knowingly post, upload, link to, send or store any content that is unlawful, racist, hateful, obscene, discriminatory, or contains any viruses, malware, Trojan horses, time bombs, or any other similar harmful software; (h) attempt to use any method to gain unauthorized access to any applicable features of the Site; (i) unless otherwise explicitly agreed to in writing by Additech, use the Site or any content obtained from it to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (j) use automated scripts to collect information from or otherwise interact with the Site; (k) try to use, or use the Site in violation of these Terms of Use.
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.
1.2. Information Provided. If you provide any information to us, you agree to provide only true, accurate, current and complete information. Use of this Site is governed by our Privacy Policy which we encourage you to review by clicking on the hypertext link located at the bottom of the main page of this Site. Children under the age of 13 may not submit personal information to the Site.
You own the information you provide Additech or input on third-party websites through the Site. You grant Additech a nonexclusive, revocable, worldwide, perpetual, unlimited fully paid up and royalty-free right to Additech to use copy, prepare, remove, retain, add, process, analyze and prepare derivative works of the foregoing described information and publish or distribute such derivative works, subject to Additech’s confidentiality obligations as set forth in its Privacy Policy. By providing information to Additech or to third parties through the Site, You represent and warrant that You are entitled to and authorized to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights. Additech shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Site or otherwise use any suggestions, enhancement requests, recommendations or other feedback Additech receives from you.
1.3. Use of Content. You may print or copy any information (including but not limited to third party advertisements) displayed or transmitted on the Site (collectively, “Content”) that you are authorized to access, solely for informational and non-commercial, personal use; provided that you (a) do not remove any title, trademark, copyright and/or restricted rights notices contained on such Content, and (b) strictly comply with the provisions of the Terms of Use including, without limitation, Section 1.4 below.
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. GENERAL.
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.
2.2.1. The Site may contain bulletin boards, chat groups, forums and other interactive areas that allow users to express their opinions and post information and/or other materials (collectively, “User Generated Content”). We do not monitor all of the User Generated Content posted or transmitted by users and third party information providers. You may have the opportunity to answer surveys, ratings and questions posted on the Site by a Additech contractor. If you choose to respond, you will actually answer the survey, ratings and questions on the contractor’s site and will be subject to the contractor’s terms and conditions of use when you submit your responses. The contractor’s terms of use can be accessed by clicking the designated link on the contractor’s website.
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.
2.2.3. Additech may, in its sole discretion, edit and/or remove any User Generated Content you submit to the Site. Without limiting the generality of the foregoing, Additech may edit or remove any User Generated Content you submit to the Site that Additech, in its sole discretion, deems abusive, defamatory, obscene, unlawful, or otherwise unacceptable or in violation of these Terms of Use, and you waive any moral rights you may have with respect to changes in the User Generated Content. We are not responsible for maintaining your posted User Generated Content and we may, in our sole discretion, delete or destroy it at any time with no liability or obligation to you.
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.
2.2.5. By submitting User Generated Content to the Site, you hereby grant to Additech, its affiliates and related entities, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, exploit, modify, archive, store, reproduce, adapt, publish, translate, create derivative works from, distribute, perform and display all such User Generated Content in any form, media, software or technology of any kind now existing or developed in the future. You further grant Additech, its affiliates, related entities, licensees and assignees the right to use your name and any other information about you that you provide in connection with any such use of the User Generated Content. You understand and agree that visitors to the Site may use any User Generated Content you submit to the Site in accordance with these Terms of Use. User Generated Content submitted by you to this Site can be used according to these Terms of Use without compensation or acknowledgement to you.
3. USER GENERATED CONTENT LIMITATIONS.
3.1. You agree not to post User Generated Content that: i) contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate; or ii) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity; or iii) violates or infringes any right of Additech or any third party, including without limitation any privacy, trademark, copyright or other intellectual property right, or will otherwise cause injury to any third party, or iv) discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law; or v) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage evasion or violation thereof; or vi) unfairly interferes with any third party’s uninterrupted use and enjoyment of the Site; or vii) advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose; or viii) contains copyrighted or other proprietary material of any kind on the Site without the express permission of the owner of that material; or ix) includes or transmits viruses or other harmful, disruptive or destructive files; or x) disrupts, interferes with, or otherwise harms or violates the security of the Site, or any Services, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or affiliated or linked sites; or xi) “flames” any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects; or xii) otherwise violates these Terms of Use.
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.
4.1. Links to External Sites. Additech may provide hyperlinks to other web sites and Internet resources operated by parties other than Additech. Additech has no control over such sites and resources or their privacy policies or terms of use and Additech’s policies and terms no longer govern. Such hyperlinks are provided for your reference only. The inclusion of hyperlinks to such web sites does not imply any sponsorship, affiliation or endorsement of the material on such web sites or with their operators.
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.
5.1. General. The Site and all Content, as well as the selection and arrangement of the Content, is owned by (or licensed to) Additech or its suppliers and is protected by copyright, trade dress, trademark, unfair competition, and/or other laws and may not be used, copied or imitated in whole or in part except as expressly provided herein. Except as otherwise expressly provided in the Terms of Use, all rights in and to the Site and Content are expressly reserved by Additech.
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.
Any sweepstakes, contests, challenges, activities, surveys, or similar promotions (each, a “Promotion”) made available through the Site may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Additech strongly advises that anyone participating in any Promotion read the applicable rules for such Promotion, and review Additech’s Privacy Policy which, in addition to these Terms of Use, governs any information submitted by any person participating in any Promotion.
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, 13000 Executive Dr, Suite 200, Sugar Land, TX 77478
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.
9. INDEMNIFICATION.
You hereby agree to indemnify and hold harmless Additech and its affiliates, officers, members, directors, employees, shareholders, information providers, suppliers, contractors and licensees (collectively, “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach, or alleged breach, of any of the Terms of Use by you.
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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ADDITECH, ITS LICENSORS OR THE INDEMNIFIED PARTIES BE LIABLE OR FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE TERMS OF USE, THE SITE, SERVICES OR CONTENT. IN NO EVENT SHALL ADDITECH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED $10.00.
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.
The Terms of Use shall be deemed to be agreed to by you in Houston, Texas. The Terms of Use, and all matters arising out of or relating to the Terms of Use, shall be governed by the laws of the State of Texas and the United States, without giving effect to the conflict of law provisions thereof and excluding any application of the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You consent to exclusive jurisdiction and venue in the federal courts sitting in Houston, Texas. unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in Houston, Texas. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
14. GENERAL PROVISIONS.
If any provision of the Terms of Use is declared or found to be illegal, unenforceable or void, then the invalid or unenforceable provision shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remaining provisions of the Terms of Use shall remain in full force and effect. Section headings are provided for convenience only, and shall not be read or interpreted to restrict any provision contained in the Terms. No right or remedy conferred by the Terms of Use is exclusive of any other right or remedy conferred herein or by law or in equity; rather, all of such rights and remedies are cumulative of every other such right or remedy and may be exercised concurrently or separately from time-to-time. Additech may provide notice to you relating to the Terms of Use by sending an e-mail to your last known e-mail address, if any, your last known postal address, if any, or posting a notice on the Site, and any such notice shall be deemed given and received on the earlier of the day it is sent to you or the day it is posted on the Site. A printed version of the Terms of Use and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Additech to insist upon or enforce strict performance by you of any provision of the Terms of Use shall not be construed as a waiver of any provision or right. If Additech brings any suit against you to enforce the Terms of Use or otherwise in connection with your use of and/or entry onto the Site, you agree that if Additech prevails in such suit Additech shall be entitled to recover all costs and expenses incurred in such suit including reasonable attorneys’ fees.