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ATS
Legal Information
ACCEPTANCE
OF TERMS REQUIRED PRIOR TO USE OF SITE. USE OF SITE CONSTITUTES
ACCEPTANCE. PLEASE READ THE FOLLOWING TERMS OF USE (INCLUDING
DISCLAIMERS AND LIMITATIONS OF LIABILITY) CAREFULLY BEFORE USING
THIS WEB SITE.
This
Site is owned and provided by ATS. By using this Site, you agree
to these Terms of Use. If you do not agree to these terms, you
may not use this Site. Site Owner reserves the right, at any time,
to modify, alter, or update these Terms of Use, and you agree
to be bound by such modifications, alterations, or updates upon
posting.
Geographical Restrictions
This Site is directed to and intended solely for residents of
the United States.
Use Restrictions
Commercial
use and any use not authorized in writing by ATS is prohibited.
You may browse this Site for personal entertainment and information,
provided you keep all credits, copyrights, trademarks, and other
proprietary notices on the information or content downloaded.
You may electronically copy and print to hard copy portions of
this Site for personal use. However, you may not distribute, modify,
transmit or revise the contents of this Site without ATS’s
written permission. You may not post or transmit any unlawful,
threatening, libelous, defamatory, obscene, pornographic or profane
material, otherwise objectionable material, or any material that
could constitute or encourage conduct that would be considered
a criminal offense or violate any laws.
Linking
Please notify our Contact Person (listed below) if you provide
a link to this Site. We appreciate your interest in our Site,
but we may withdraw our permission for such linking at any time.
No
Warranties or Liability Regarding Website
THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE, ATS DISCLAIMS ALL WARRANTIES, INCLUDING
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. ATS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THESE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, NOR THAT THIS SITE OR THE SERVER THAT MAKES
IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ATS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THIS SITE’S CONTENT OR OF THE CONTENT
OF ANY SITE ‘HOT-LINKED’ TO THIS SITE. NEITHER ATS,
NOR ANY OF ITS OWNERS, OFFICERS, OR EMPLOYEES SHALL BE LIABLE
FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE
DAMAGES ARISING OUT OF ACCESS TO OR USE OF ANY CONTENT OF THIS
SITE OR THE CONTENT OF ANY SITE ‘HOT-LINKED’ TO THIS
SITE. With respect to sale of consumer goods, liability limitations
may not apply in all states.
Product
Ideas and Other Submissions
All comments, suggestions, ideas, notes, drawings, concepts, or
other material submitted, disclosed, or offered to ATS through
this Site or in response to solicitations in this Site shall be
deemed and shall remain the property of ATS. You understand and
acknowledge that ATS has both internal resources and other external
resources which may have developed or may in the future develop
ideas identical to or similar to your suggestion or comments and
that ATS is only willing to consider the suggestion or comments
on these terms. Any suggestion is not submitted in confidence
and ATS assumes no obligation express or implied by considering
it. Without limitation, ATS shall exclusively own all now known
or hereafter existing rights to all submitted materials of every
kind and nature throughout the universe and shall be entitled
to unrestricted use of the materials for any purpose whatsoever,
commercial or otherwise, without compensation to the provider,
unless otherwise agreed in writing in advance.
Intellectual
Property
All names, logos, slogans and marks appearing in this Site, except
as otherwise noted, are trademarks owned or used under license
by ATS, or its owners, officers, or employees in the geographies
where ATS markets products bearing such trademarks. The use or
misuse of these trademarks or any other content on this Site,
except as authorized in these terms and conditions or in the Site
content, is strictly prohibited. Commercial use is prohibited.
ATS
retains copyright on the Site’s entire content, including
all text and graphics.
ATS reserves all other rights.
Infringement of Your Property
If
you believe that your work, trademark, service mark or other intellectual
property has been infringed on the Site in any manner, please
notify our contact person listed at the end of these terms of
use. ATS will investigate and take any appropriate action promptly.
To be effective, the notification must include ALL of the following
items:
a
physical or electronic signature of the person(s) authorized
to act on behalf of the owner of the copyright that is allegedly
infringed;
a description of the copyrighted work;
a specification of where the material that you claim is infringing
is located on the Site;
your address, telephone number, and e-mail address;
a statement by you that you have a good faith belief that the
disputed use is not authorized.
a statement by you, made under penalty of perjury, that the
above information is correct and that you are the copyright
owner or authorized to act on behalf of the owner of the right
that is allegedly infringed.
Third-Party
Links
ATS does not endorse or make any warranties or representations
about any website which you may access through the ATS site. Links
to other sites are provided for convenience only. Exercise your
own judgment and discretion in visiting such third-party sites.
Indemnity
You shall, at your own expense, indemnify, defend or settle, and
hold harmless ATS (including its owners, officers, agents, attorneys,
employees, and partners) from and against any claim, demand, action,
suit or proceeding, including any liabilities, damages, costs
and expenses (including reasonable attorneys’ fees) arising
therefrom, brought by a third-party due to or arising out of 1)
the content or information you submit, post to or transmit on
or through this Site, 2) your violation of these Terms of Use,
or 3) your actions in using the Site or its content.
Termination
ATS in its sole discretion and for any reason, may terminate your
use of this Site and/or delete all of your information. ATS may
also, in its sole discretion, for any reason and without notice,
discontinue this Site.
Applicable
Law
Your access to the Site(s) as well as the terms and conditions
and the agreement they create are governed and interpreted by
the laws of the State of Ohio without regard to conflict of laws
provisions.
Personal
Jurisdiction and Venue
By using this Site you irrevocably submit to the exclusive personal
jurisdiction and venue of the Common Pleas Court of Clark County,
Ohio, and the United States District Court for the Southern District
of Ohio at Dayton with respect to all matters in any way relating
to your use of the Site.
Arbitration
ATS at its sole discretion, may require you to submit any disputes
arising from the use of this Site or these Terms and Conditions
to final and binding arbitration under the International Rules
of Arbitration of the American Arbitration Association, with the
arbitration proceeding to be held in Springfield, Ohio.
Severability
Severability
The
provisions of these Terms of Use shall be severable, and if any
provision thereof is held by a court of competent jurisdiction
to be invalid or unenforceable, it shall be construed to have
the broadest interpretation which would render it valid and enforceable.
No
Waiver
The failure of ATS to exercise or enforce any of the terms and
conditions of these Terms of Use, at any time shall not in any
way affect, limit or waive ATS’s rights thereafter to enforce
and compel strict compliance with every term and condition of
these Terms of Use.
Contact
Person
Our contact person is the web site coordinator, Richard Ayres,
ATS, P.O. Box 250, North Hampton, Ohio 45349-0250, richard@ayresats.com,
telephone 1-800-926-3156. |
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