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Terms of Use |
These are the current Terms of Use ("Terms") for the amtonline.org website (the "Site") of AMT - The Association For Manufacturing Technology ("AMT"). By clicking "Agree" on the screen, or by otherwise using the Site, (a) you agree to be legally bound by these Terms and (b), if you are or will be using the Site on behalf of another person or entity, you agree both on your own behalf and on behalf of such other person or entity that "you" and "your" as used in these Terms include such other person or entity and that such other person or entity is and will be legally bound by these Terms. AMT may change these Terms by posting a new version on the Site, which can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the Site, and the new version will be effective from the time it is posted. Your continued use of the Site constitutes your acceptance of any changes in the Terms. |
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Authorization to Use. These Terms apply to the Site, including all content, data, and services included in it or related to it. Subject to these Terms and any other applicable AMT rules or regulations, you may access and use the Site, at your sole risk and responsibility and solely for your lawful, internal business purposes ("Authorized Purposes"). Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through this Site that (a) is copyrighted, unless you are the copyright owner: (b) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (c) reveals a trade secret, unless you own it; (d) is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by AMT in its sole discretion; (e) is illegal or otherwise objectionable; (f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or (g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information. |
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Permitted Uses. For Authorized Purposes, you may (a) display the Site on your web browsers and (b) on an occasional, infrequent, and ad hoc basis, and only in circumstances that constitute "fair use" under U.S. copyright law, print copies of insubstantial portions of the Site on your printers. Except as expressly authorized, you may not display or print the Site. In no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit, or create derivative works from the Site. Use of this Site is for your personal and non-commercial use and AMT does not grant you any expressed or implied rights to access or use the Site for any other purpose. |
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Sources. Parties other than AMT ("Providers") may provide or participate in providing Site content. AMT does not endorse, sponsor, recommend, or otherwise accept responsibility for any Site content provided by such Providers. In addition, such content is not under the control of AMT, and AMT is not responsible for the content or privacy practices of Providers. AMT is providing Site content provided by such Providers to you only as a convenience, and the inclusion of such third-party content is not an endorsement by AMT in favor of any third party or any such content. |
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Responsibility for Use. (a) AMT shall not be responsible for the accuracy, completeness, currency, availability, or timeliness of the Site, whether provided by AMT or a Provider, or for the results obtained from its use, (b) there may be delays, interruptions, errors, or omissions in the Site, (c) AMT reserves the right, but shall not be required, to correct any errors or omissions, and (d) AMT shall not be responsible for any use that is or is not made of the Site. |
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Rights in Site. As between you and AMT, and subject to the rights of third parties, AMT owns all right, title, and interest in and to all copyright, trademark, service mark, patent, trade secret, or other intellectual property and proprietary rights in and to the Site, including the photographs, graphics, user interface, and other content provided on the Site ("Content"), in all media now known or later devised. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying or redistribution of the Content for commercial purposes is strictly prohibited without AMT's prior written consent. Request for permission to reproduce any Content must by made in writing to amtwebmaster@AMTonline.org. All rights in the product names, company names, trade names, logos, product packaging, and designs of all AMT or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to AMT or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of AMT or any third party. |
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Data Use. By using this Site, you understand and agree that AMT may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. Without limiting the generality of the foregoing, this includes any data you enter, aggregate data derived therefrom, or usage patterns such as clickstreams, and AMT reserves the right to use such data for any lawful purpose. You further understand and agree that AMT may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of AMT or any third party. |
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Privacy. AMT intends to use commercially reasonable efforts to follow the Privacy Policy posted or to be posted on the AMT website, as such Privacy Policy may be changed from time to time at AMT's sole discretion. Notwithstanding the foregoing, AMT cannot and does not assume any responsibility or liability for any information submitted to AMT or for the use or misuse of any information submitted by you or any other person. |
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Access and Codes. When registering on the Site, you must complete all mandatory fields with true, accurate, current and complete registration information about yourself and update this information to keep it accurate and complete. You shall keep confidential, shall not disseminate, and shall use solely for all activities that occur under each user identification and password that AMT provides to you. You shall immediately notify AMT if you learn or suspect: (a) any loss or theft of any such user identification or password, or (b) any unauthorized use of any such user identification or password or of the Site. In the event of such loss, theft, or unauthorized use, AMT may impose, at AMT's sole discretion, additional security obligations. |
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Security Breaches and Revision. If any unauthorized person obtains access to the Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly brief AMT. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access. |
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Disclaimer of Warranties. NEITHER AMT NOR ANY PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR TO ANY OTHER PERSON OR ENTITY RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, INCLUDING ANY PUBLICATIONS PURCHASED ON THE SITE AND ANY LINKED SITES ("OTHER CONTENT"). THE SITE AND ANY OTHER CONTENT ARE PROVIDED, IF AT ALL, "AS IS." AMT DISCLAIMS ON ITS OWN BEHALF AND ON BEHALF OF ALL PROVIDERS TO THE MAXIMAL EXTENT PERMITTED BY LAW ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ANY OTHER CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AMT ON ITS OWN BEHALF AND ON BEHALF OF ALL PROVIDERS DISCLAIMS TO THE MAXIMAL EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE OR OTHER CONTENT, (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE OR OTHER CONTENT, AND (E) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY AMT OR ANY PROVIDER OR OTHER THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE OR ANY OTHER CONTENT WILL MEET YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON OR ENTITY, AND NOTHING IN ANY OF THE FOREGOING SHALL TO ANY EXTENT SUBSTITUTE FOR YOUR INDEPENDENT INVESTIGATION AND SOUND JUDGMENT. AMT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THIS SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND AMT DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. |
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Limitation of Remedy. NEITHER AMT NOR ANY PROVIDER SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE AMT FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE. |
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Exclusion of Consequential Damages. IN NO EVENT SHALL AMT OR ANY PROVIDER BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF AMT OR ANY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EVEN IF THIS EXCLUSION CAUSES ANY LIMITED REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, AMT's liability in such jurisdictions shall be limited to the extent permitted by law. |
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Termination. AMT shall have the right to terminate your access to the Site, and all your other rights under these Terms, immediately at any time if you violate any of these Terms. All your obligations that accrue either before termination of your rights under these Terms survive termination of your rights under these Terms. AMT shall also have the right to terminate or modify the Site or any part thereof at any time with or without cause or notice. |
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General Provisions |
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Entire Agreement; Severability. These Terms set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings, between you and AMT regarding the subject matter of these Terms. No modification, amendment, or waiver of these Terms or any part of them shall be binding unless evidenced in writing and signed by AMT. In the event that any provision of these Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. |
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Interpretation; Relationship. You agree that a printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The word "including" when used in these Terms means "including but not limited to." The language of these Terms shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms. |
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Governing Law and Jurisdiction. These Terms shall be governed by the substantive law of the State of Virginia, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms shall be submitted to the federal courts having jurisdiction of the Eastern District of Virginia, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts in respect of such disputes. |
Copyright ã 2007 AMT - The Association For Manufacturing Technology. All rights reserved.
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