SECTION 1: ACCEPTANCE OF TERMS
The services that Amatrol provides to you are subject to the following Terms of Use (“TOU”). Amatrol reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages.
SECTION 2: CHANGE OF TERMS
2.1 Changes in Terms. The Terms of Use may be changed without notice. Your continued use of this Amatrol website (“Site”) after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this Site.
SECTION 3: ALTERATION OF SITE
3.1 Alteration of the Site. Amatrol may change, suspend, or discontinue any feature, aspect, or services (“Service”) available through this Site at any time. Amatrol may alter the availability of any feature of this Site, or Service related to any feature of this Site, at any time. Amatrol may add, remove, or modify any software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, or other data (“Content”) of this Site, including that of third parties, at any time.
SECTION 4: SERVICE
4.1 Site Availability. Amatrol uses reasonable efforts to maximize Site availability. The Site may be shut down, rebooted, or modified in an emergency if it is deemed necessary to prevent security breaches or operations failures (including, but not limited to viruses, worms, date bombs, time bombs, or denial of service attacks). This may require loss of user access to the Site for a period of time, but such protective action will constitute scheduled downtime.
4.2 On-line Access. Each user will receive a username and password to the Site. Users are responsible
for maintaining the confidentiality of usernames and passwords and for restricting access to their data. The user accepts responsibility for all activity that occurs under their username or password and such activity shall be deemed to be by the user. To obtain full access to the Site, users may be required to supply additional personal information. Users must provide accurate, complete, and current information and agree to provide Amatrol with any updates to that information promptly after such changes occur.
4.3 Hardware, Bandwidth, and Plug-in requirements. Hardware and plug-in requirements are available to users at http://learnamatrol.com/common/sysreq.php on the Site login page via the “view system requirements” link. These requirement cover all Amatrol sites. Hardware and plug-in requirements for any Content that you upload or otherwise make available (“User Content”) on any Amatrol site are the responsibility of the User Content provider. Administration level access to the computer’s operating system may be required to successfully download required plug-ins.
SECTION 5: PRIVACY
5.1 Information Collected. Amatrol gathers information about all users collectively, such as what areas users visit most frequently and what services users access most often. Amatrol automatically logs IP addresses, session information, and other data which tracks users’ access to the Services. These logs are analyzed for the aggregate trends they reveal about our customers and how the customers use the Site; not for the behaviors of individual users.
5.2 Purposes of Data Collection. Amatrol requests personal information for purposes such as the provision of customer service and support and billing.
5.3 Amatrol’s Usage of Personal Data. The personal information you supply to Amatrol will not be given, sold, rented, loaned, or otherwise disclosed to any third parties outside of Amatrol and its agents, except when we have your permission or under special circumstances, such as when we believe in good faith that disclosure is reasonably necessary to 1) comply with legal process, 2) enforce the Terms of Use, 3) respond to claims that any content provided by using the Services violates the rights of third parties, or 4) protect the rights, property, or personal safety of Amatrol, its users, or the public.
Amatrol may use aggregated personal information to determine the demographic composition of our user base and to distribute statistics and general marketplace information about Amatrol. This aggregate information does not identify specific users.
5.4 Access to Your Information. Amatrol offers users the ability to correct or change the information
collected during registration. Users may change this information at any time and as often as necessary by choosing the “edit my information” option or other similar functionality offered on the Site.
5.5 Security. All of your personal information is stored on servers at a location designed specifically to ensure that no unauthorized individuals have access to the server or its data.
SECTION 6: INTELLECTUAL PROPERTY RIGHT
6.1 Reservation of Rights and Ownership. Amatrol reserves all rights not expressly granted to users in this Terms of Use. The Site is protected by copyright and other intellectual property laws and treaties. Amatrol owns the title, copyright, and other intellectual property rights in the Site. This Terms of Use does not grant you any rights to trademarks or service marks of Amatrol.
6.2 Trade Secret of Amatrol. User acknowledges and agrees that all Services and Content provided under the Terms of Use remain the confidential property of Amatrol and constitute a trade secret of Amatrol and cannot be disclosed to any third parties without consent of Amatrol.
6.3 Limitations of Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Site, Content or Services except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
SECTION 7: USER CONDUCT
7.1 User Conduct. Users may only access the Amatrol Site for lawful purposes. Users are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Site. Users agree not to:
1. use the Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, state, Federal, or international law or regulation, including, but not limited to, export control laws and regulations governing the transmission or retransmission of technical data from the United States;
2. upload, post, e-mail, or otherwise transmit any unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially or otherwise objectionable User Content;
3. upload, post, e-mail, or otherwise transmit any User Content that you do not have a right to transmit;
4. upload, post, e-mail, or otherwise transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
5. alter, damage, or delete any Content or other communications that are not your own or to otherwise interfere with the ability of others to access or use the Services;
6. disrupt the normal flow of communication or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
7. claim a relationship with or to speak for any individual, business, association, institution, or other organization for which you are not authorized to claim such a relationship;
8. upload, post, e-mail, or otherwise transmit any unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”;
9. interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
10. collect or store personal data about other users;
11. reproduce, duplicate, copy, use, distribute, sell, resell, or otherwise exploit for any commercial
purposes, any portion of the Content, Services, or access to the Amatrol Site;
12. harm minors in any way;
13. stalk or otherwise harass another;
14. collect or store personal information about other users without their permission.
15. upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
7.2 Unauthorized Use or Access to Third Party Content. The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. Amatrol shall have full discretion to discontinue your access to the Site and will promptly terminate repeat offenders.
Amatrol, its affiliates, officers, directors, employees, agents, or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
Amatrol, pursuant to the Digital Millennium Copyright Act, designates the webmaster to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Amatrol Site in a way that constitutes infringement, you may notify Amatrol by providing the webmaster the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work
3. Identification of the URL or other specific location on the Amatrol Site where the material that you claim is infringing is located
4. Your address, telephone number, and e-mail address
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
6. A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf the webmaster can be reached via regular mail at Amatrol, Inc., 2400 Centennial Blvd., Jeffersonville, IN 47130 USA.
SECTION 8: OWNERSHIP OF THIRD PARTY CONTENT
The Site may display Content supplied by users and other third parties on its website. Amatrol maintains no editorial control over this Content. The Content supplied by users and other third parties belongs to the respective owners of that Content.
THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES (“WE”) DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage, or harm to property or person
caused by your or anyone else’s reliance on User Content available on this Site that is the property of users or third parties. Users are solely responsible for evaluating and acting on any Content available on this Site.
SECTION 9: LIMITED WARRANTY AND DISCLAIMER OF LIABILITY
Although Amatrol has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.
USER ACCESSES: THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER AMATROL NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, LOSS OR DAMAGE TO DATE, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR MISSION OF HOST, COMPUTER VIRUS, OR OTHER SIMILAR ITEMS, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. AMATROL IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL AMATROL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL AMATROL OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
SECTION 10: ADDITIONAL PROVISIONS
10.1 No Joint Venture or Partnership. Nothing in the Terms of Use is intended by the parties to create or constitute an agency, joint or collaborative venture, or partnership of any kind between Amatrol and you, nor shall anything in the Terms of Use be construed as constituting or creating any such agency, joint or collaborative venture, or partnership between Amatrol and you. Amatrol shall have no control or ownership interests of any kind in your business. Amatrol shall have no direct financial or other interest in, nor in any way “own” any online “store” or other online venture pertaining to your use of the Site. Amatrol’s relationship to you shall be restricted to matters pertaining to the provision of the Services as set forth in the Terms of Use.
10.2 Termination. Users may discontinue their participation in and access to the Site and its Services at any time. The Terms of Use will continue to apply to all past use of the Site by you, even if you are no longer using them. Users acknowledge and agree that Amatrol and its affiliates may terminate or block user access of all or part of the Site without prior notice for any reason, including, without limitation, if Amatrol believes the user has engaged in conduct prohibited by these Terms of Use. The user agrees that upon termination or discontinuance for any reason, Amatrol may delete all information related to the user on the Site and may bar your access to the Site.
10.3 Integration Clause. You hereby acknowledge that these Terms of Use, all documents referenced herein, as well as any E-Learning Service Agreement, represent the entire understanding between you and Amatrol concerning your use of this Site and the Content, information, and services available on this Site.
10.4 Indemnification. You agree to indemnify and hold Amatrol, and its affiliates, officers, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees made by any third party due to or arising out of User Content you submit, post to, email, or otherwise transmit through the Services, your use of the Services, your connection to the Services, or your breach of the Terms of Use.
10.5 Severability. If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.
10.6 Notices. For purposes of all notices and other communications required or permitted to be given hereunder, the addresses of the parties hereto shall be as indicated below. All notices shall be in writing and shall be deemed to have been duly given if sent by facsimile, the receipt of which is confirmed by return facsimile, or sent by first class registered or certified mail or equivalent, return receipt requested, addressed to the parties at their addresses set forth below:
Amatrol, Inc.
2400 Centennial Blvd.
Jeffersonville, IN 47130
Attn: Amatrol President – Website Legal Inquiry
10.7 Applicable Law. Any dispute arising out of the Terms of Use shall be governed by the laws of the State of Indiana. Any action relating to the Terms of Use must be filed in a state court located in Clark County, Indiana or in federal court at the Southern District of Indiana, New Albany Division and each user consents to exclusive jurisdiction in such courts.
