Legal Notices
Terms and Conditions of Use and
Legal Notices (“Terms and Conditions)
By
accessing the Arnold Machinery Company (“AMCO”) Web site (the “Web Site”), you
(“you” or “User”) are agreeing to be bound by these Terms and Conditions, as
well as all applicable laws and regulations, and agree that you are responsible
for compliance. If you do not agree with any of these Terms and
Conditions, you are prohibited from using or accessing this Web Site.
Copyright Notice
This
Web Site contains copyrighted material which is owned by or licensed to AMCO
(the “Copyrighted Material”). This
Copyrighted Material may include, but is not limited to, the design, layout,
look, appearance, and graphics of the Web Site. AMCO hereby authorizes you to electronically
copy documents published within the Web Site for the purpose of transmitting or
viewing the information. You may not mirror, modify,
or otherwise alter any files or Copyrighted Material published in the Web Site
for rebroadcast, print the information contained therein or hide the ownership
and authorship of the information without written permission from AMCO.
Trade-mark Notice
This Web Site may contain trademarks, service
marks, logos, icons, and tradenames that are the property of AMCO
(collectively, the “AMCO Trade-marks”) or such other party as is indicated with
respect to that trademark, service mark, logo, icon, or tradename. All trademarks reproduced in the Web Site which
are not the property of, or licensed to, AMCO are acknowledged on the Web Site.
You are not permitted to use the AMCO Trademarks for any purposes other than
those specified in these Terms and Conditions or as may be agreed to in writing
by AMCO.
Except as
expressly provided above, nothing contained herein shall be construed as
conferring any right to reproduce the Copyrighted Material or use the AMCO
Trademarks, or as conferring any other license or right to any AMCO
intellectual property rights, including but not limited to copyright, patent,
and trademark.
No Warranties, Representations,
or Conditions
AMCO
provides this Web Site and the information available through this Web Site as a
convenience for its customers and others. AMCO, its associates,
contractors, and agents, and their respective service providers, make no
express or implied representation, warranty, or condition of title,
non-infringement, merchantability, fitness for a particular purpose,
performance, or durability; or that the information available through this Web
Site will be accurate, complete, or timely. AMCO, its associates, contractors,
and agents, and their respective service providers hereby disclaim all such
representations, warranties and conditions to the fullest extent permitted by
law.
Unauthorized
use of this Web Site may give rise to a claim for damages and/or may be a
criminal offense. AMCO, its associates, contractors, and agents, and their
respective service-providers, will not be liable to you or any other person for
any loss or damage arising from, connected with, or relating to your use of
this Web Site or your use of or reliance upon the information available through
this Web Site. By using the Web Site, you agree to indemnify
and hold harmless AMCO from and against all losses, expenses, damages, and
costs, including without limitation reasonable attorney’s fees, resulting
directly or indirectly from your use of the Web Site and/or your violation of
any of these Terms and Conditions.
User Conduct
User shall use the Web
Site for lawful proposes only. User shall not, and agrees not to use the Web
Site to :
1. Post
or transmit any material which :
a. violates
or infringes in any way upon the rights of others;
b. is
unlawful, threatening, abusive, defamatory, invasive of privacy or publicity
rights, vulgar, obscene, hateful, profane or otherwise objectionable,
c. encourages
conduct that would constitute a criminal offense,
d. contains
software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer software or
hardware or telecommunications equipment or otherwise interfere with or disrupt
the Web Site,
e. gives
rise to civil liability or otherwise violates any law, or
f. without
AMCO’s express prior approval, contains advertising or any solicitation with
respect to product or services;
2. use
or attempt to use another User’s account, service, or personal information, or
impersonate another person or entity;
3. remove,
circumvent, disable, damage or otherwise interfere with any security-related
features of the Web Site;
4. advertise
or perform any commercial solicitation, including, but not limited to, the
solicitation of Users to use or subscribe to other on-line information services
competitive with AMCO or the Web Site; or
5. restrict
or inhibit any other person from using or enjoying the Web Site or the services
and features offered by AMCO through the Web Site.
User
shall not, and agrees not to use the Web Site to, upload, post or otherwise make
available on the Web Site any material protected by copyright, trade-mark or
other proprietary right without the express permission of the owner of the
copyright, trade-mark or other proprietary right. The burden of determining
that any material is not protected by copyright, trade-mark or other
proprietary right rests with User. User shall be solely liable for any damage
resulting from any infringement of copyrights, trade-marks, and other
proprietary rights, or any other harm resulting from the User uploading,
posting or otherwise making such material available through the Web Site.
By
submitting material to any public area of Web Site, User automatically grants,
or warrants that the owner of such material has expressly granted AMCO the
royalty-free, perpetual, irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate and distribute such material (in
whole or in part) worldwide, and/or to incorporate it in other works in any
form, media or technology now known or hereafter developed for the full term of
any copyright that may exist in such material. By submitting material to any
public area of Web Site, User also permits any other User to access, view,
collect, use, store or reproduce the material for that other User’s personal
use. User hereby grants AMCO the right to edit, copy, publish and distribute
any material made available to any public area of Web Site by User.
General Provisions
Your
right to access and use the Web Site terminates automatically upon your breach
of any of these Terms and Conditions. AMCO may at its sole discretion, at any
time, modify, suspend or terminate the operation of or access to the Web Site
or any of the services offered by AMCO through the Web Site, or may interrupt
the operation of the Web Site, or any portion of the Web Site, for any reason.
The disclaimer of warranties, representations or conditions on the part of AMCO,
User’s indemnification of AMCO, and the jurisdiction and applicable law
provisions shall survive any termination of your right to access and use the
Web Site.
These
Terms and Conditions of Use and Legal Notices may be changed, removed, added to
or otherwise modified by AMCO from time to time at AMCO’s sole discretion and
without any prior notice to you or any other person. We encourage you to
periodically review these Terms and Conditions. All new, amended,
or otherwise modified terms take effect immediately. Your continued use of the
Web Site after any modifications to these Terms and Conditions signifies that
you agree to use the Web Site in accordance with the modified Terms and
Conditions.
The
collection, use, and disclosure of your personal information is governed by the
provisions of the 'AMCO Privacy Statement' as may be amended from time to
time. A current version is available.
These
Terms and Conditions shall be governed and construed according to the laws of
the State of Utah. Any claim relating to your use of the Web Site shall be
governed by the laws of the State of Utah, and you hereby agree to attorn to
the jurisdiction of the courts of Salt Lake County, Utah for the purposes of
resolving any dispute relating to these Terms and Conditions or your use of the
Web Site.
These
Terms and Conditions constitute the entire agreement between you and AMCO
relating to this subject matter and supersede all prior, contemporaneous and
future communications (with the exception of future amendments made to the
Terms and Conditions from time to time by AMCO at its sole discretion) between
you and AMCO.
Your Comments
If
you have any comments questions about these Terms and Conditions, please
contact AMCO.