Terms of Use - Affiliated Monitors Inc.

Terms of Use

Web Site Legal Terms – Affiliated Monitors, Inc.

Welcome to the Affiliated Monitors, Inc. (“AMI”) web site (the “Web Site”). Please review the following terms and conditions concerning your use of and access to this Web Site. By accessing or using this Web Site, including the download of any materials from this Web Site, you agree to follow and be bound by these Terms of Use (the “Terms”). If you do not agree with these Terms, do not use this Web Site.

General Use Provisions

All materials provided and available on this Web Site, including but not limited to information, documents, logos, graphics, sounds, images, recordings, and services (“Materials”), are provided either by AMI or by their respective third-party authors, developers and vendors (“Third-Party Providers”) and are the copyrighted work of AMI and/or its Third-Party Providers. Except as expressly stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of AMI or the Third-Party Provider.

You may not “mirror” any Materials contained on this Web Site on any other server without AMI’s prior express written permission. You may not access or use this Web Site or any Materials in any manner that could damage, disable, overburden, or impair any AMI server, or the network(s) or system(s) connected to any AMI server, or interfere with any other party’s use and enjoyment of this Web Site or any products or services provided by AMI. Any use of direct or indirect automated searches or data queries with respect to this Web Site or the Materials is strictly prohibited without AMI’s prior written consent. You may not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any AMI server or network or to this Web Site or any of the Materials, through hacking, password mining or any other means. You may not obtain or attempt to obtain any Materials or information through any means not intentionally and publicly made available through this Web Site.

Except where expressly provided otherwise by AMI, nothing on this Web Site shall be construed to confer any license under any of AMI’s or any Third-Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third-Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by AMI. AMI does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by AMI.

AMI hereby grants you permission to display, copy, distribute and download AMI’s Materials that are publicly available on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear without modification in the Materials; (2) the use of such Materials is solely for non-commercial, internal business purposes and informational use only, and unless specifically agreed to in writing by AMI, and will not be copied, saved, posted or otherwise displayed on any networked computer, broadcast in any media, resold or sublicensed, or used for commercial gain; and (3) the Materials are not modified in any way. This permission terminates automatically without notice if you breach any of these terms or conditions. Upon termination, you will immediately destroy any downloaded or printed Materials.

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Forward-looking Statements & Risk Factors

This Web Site may contain forward-looking statements that involve risks, uncertainties and assumptions. If any of these risks or uncertainties materializes or any of these assumptions proves incorrect, the results of AMI could differ materially from those expressed or implied by these forward-looking statements. AMI assumes no obligation and does not intend to update these forward-looking statements.

Links to Third Party Sites

Any links on this Web Site to third party web sites do not imply that AMI endorses or accepts responsibility for the content or use of the third-party web site, and such links are provided for informational purposes only. AMI does not guarantee the content, sequence, accuracy or completeness of any information or data displayed on any third-party web site. AMI shall not be liable in any way to the reader or any other person, firm or corporation whatsoever for any delays, inaccuracies, errors in or omissions of any information or data or the transmission thereof.

The use of a third-party web site may be subject to “Terms of Use,” “Disclaimers” or similar legal conditions which can be substantially different from those associated with this Web Site. When using third-party web sites, you should familiarize yourself with the terms, conditions and policies implicated by the use of those sites.

It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

Submissions

Except where expressly provided otherwise by AMI, all comments, feedback, information, or materials submitted to AMI through or in association with this Web Site (“Submissions”) shall be considered non-confidential and AMI’s property. By providing such Submissions to AMI, you agree to assign to AMI, effective immediately upon such submission, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions and represent and warrant that you have all necessary ownership rights, consents, and authority to assign all such rights, title, and interest to AMI. AMI shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not AMI, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality, and copyright.

Disclaimer

Except where expressly provided otherwise by AMI, the Materials on this Web Site are provided “as is,” are experimental, and are for commercial use only, and AMI hereby disclaims all express or implied representations, warranties, guaranties, and conditions, including but not limited to fitness for a particular purpose, title and non-infringement, except to the extent that such disclaimers are held to be legally invalid. AMI makes no representations, warranties, guaranties, or conditions as to the quality, suitability, truth, accuracy, or completeness of any of the Materials contained on this Web Site.

Limitation of Liability

AMI and its affiliates and their respective officers, directors, employees, agents, and representatives (the “AMI Parties”) shall not be liable for any damages suffered as a result of your access or use of this Web Site or accessing, using, modifying, contributing, copying, distributing, or downloading the Materials. In no event shall the AMI parties be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the access to, use of, performance of, or information available from this Web Site, even if any AMI party has been previously advised of the possibility of such damage. You have sole responsibility for the adequate protection and backup of data and/or equipment you use in connection with the Web Site and/or Materials and you will not make a claim against any AMI party for lost or corrupted data or systems, loss of goodwill, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the Web Site or Materials. You agree to hold the AMI Parties harmless from, and you covenant not to sue AMI for, any claims and threatened claims arising out of or related to all access and use of this Web Site and/or Materials in any manner.

General

This Web Site may include inaccuracies or typographical errors. AMI and the Third-Party Providers may make improvements and/or changes in the information, services, and Materials, described or set forth in or on this Web Site at any time without notice. AMI may periodically make changes to this Web Site. Any action related to these Terms will be governed by Massachusetts law and controlling U.S. federal law, and the venue for any such action shall be the state and federal courts located in Massachusetts. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the access and/or use of the Web Site, including any Materials, and prevail over any prior or contemporaneous, conflicting, or additional agreements or communications. AMI retains the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by AMI.

Intellectual Property Notices

Elements of the Web Site and Materials are protected by copyright, trade dress, intellectual property and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site or any Materials may be copied or retransmitted unless expressly permitted by AMI. Any permissible use of AMI’s Materials, logos, graphics, sounds, recordings, or images found on this Web Site must include the copyright notice identified below without any modification.

AMI, the AMI logo, any other protected mark or logo on this Web Site or Materials, and/or other AMI products referenced herein are trademarks and service marks of Affiliated Monitors, Inc. and its affiliated companies, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

Legal Contact Information

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Affiliated Monitors, Inc.’s Legal Department at (617) 275-0620 or by e-mail at ckeyes@affilatedmonitors.com.