WEB SITE USER AGREEMENT

 

AGREEMENT BETWEEN USER AND ADVANCED TEST EQUIPMENT CORPORATION

By using this Web site, you acknowledge that you have read, understand and agree to the terms, conditions and notices in this Agreement. This Web site is offered to you by Advanced Test Equipment Corporation, 10401 Roselle Street, San Diego, California 92121 (also referred to as "A.T.E.C.") on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Web site. YOU AGREE TO READ THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. A.T.E.C. reserves the right to change the terms, conditions and notices under which this Web site is offered at any time at its sole discretion.
 

Personal and Non-Commercial Use


This Web site is for your personal, non-commercial use. You may view and download information on this Web site for your own personal use as long as you maintain all copyright and other notices contained in the content. You may not copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information obtained from this Web site or use the information for any public or commercial purpose.
 

Unlawful and Prohibited Use


You warrant to A.T.E.C. that you will not use this Web site for any purpose that is unlawful or prohibited by the terms, conditions or notices in this Agreement and on this Web site.
 

Prohibited Activities


If this Web site contains chat areas, forums, communities, bulletin board services, news groups, e-mail service or other message or communication facilities, you agree not to use the Web site to:
  • Post or otherwise transmit any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Web site.
  • Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized in writing by A.T.E.C..
  • Disrupt or interfere with the operation of the Web site or any servers or networks connected to the Web site service.
  • Violate any applicable local, state, national or international law.
  • Collect or store personal data about other users.
 

Access Restriction


A.T.E.C. may, in its sole discretion, deny any user access to this Web site or any portion of the site without notice.
 

Indemnity


You agree to indemnify and hold A.T.E.C., its affiliates and agents, servants, employees, officers, directors, other officials, suppliers and any other third parties mentioned on this site harmless from any and all claims, losses, damages, liabilities, costs and expenses (including attorney’s fees and costs) which arise out of, are connected with or directly relate to your wrongful or unlawful use of this Web site or any breach of any representation or warranty made by you in this Agreement.
 

Use of Information and Messages


Other than personally identifiable information, which is covered byOnline Privacy Policy, A.T.E.C. may use and disclose any information and material received from you, or collected through your use of the site, for any lawful reason or purpose. By posting messages or engaging in other communication to A.T.E.C.'s Web site, you grant to A.T.E.C. a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt and otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against A.T.E.C. for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.
 

Links to Other Web Sites


This Web site may contain links to Web sites operated by parties other than A.T.E.C.. The links are provided for your convenience only. A.T.E.C. does not control the Web sites and is not responsible for the content on such Web sites. By offering links, A.T.E.C. is not implying that it endorses anything contained on such Web sites or has any association with the operators of the Web sites. If you access any links to other web sites, you do so entirely at your own risk.
 

Liability Disclaimer


A.T.E.C., ITS SUPPLIERS AND ANY OTHER THIRD PARTIES MENTIONED ON THIS SITE MAKE NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. A.T.E.C., ITS SUPPLIERS AND ANY OTHER THIRD PARTIES MENTIONED ON THIS SITE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL A.T.E.C., ITS SUPPLIERS OR ANY OTHER THIRD PARTY MENTIONED ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING SENTENCE, A.T.E.C., ITS SUPPLIERS AND ANY OTHER THIRD PARTIES MENTIONED ON THIS SITE SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE. A.T.E.C., ITS SUPPLIERS AND ANY OTHER THIRD PARTIES MENTIONED ON THIS SITE SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A.T.E.C. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
 

Relationship


Other than personally identifiable information, which is covered by Online Privacy Policy, you acknowledge and agree that communications and transmission to and from A.T.E.C.'s Web site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and A.T.E.C. other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and A.T.E.C. as a result of this Agreement or use of this Web site.
 

General


This Agreement is governed by the laws of the United States and of the State of California without regard to conflict of law provisions. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in and for San Diego County, California U.S.A. in all disputes arising out of, or relating to, use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Web site and this Agreement, including this paragraph. If you access this site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable local laws. In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms. This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Web site. A.T.E.C.’s waiver of any provision of this Agreement shall not be deemed to waive it for the future.
 

Copyright and Trademark Notices


All contents, such as text, graphics, logos, icons, images, audio or video clips, software, site design and the selection and assembly of them, of this Web site are Copyright © 1996-2016 A.T.E.C.. All rights reserved. These contents are the sole property of A.T.E.C.. Such property is protected by U.S. and international copyright laws. All rights not expressly granted in this User Agreement are reserved. Except as otherwise required by applicable law, any download, copy, reproduction, modification, distribution, publication, transmission, transfer, sale, license, display, performance or adaptation of the content is strictly prohibited. We respect the intellectual property of others. Vendors will indemnify, defend and hold A.T.E.C. its affiliates and agents, servants, employees, officers, directors, other officials harmless against all claims, liabilities, losses, damages, costs and expenses (including attorneys’ fees and costs) resulting from or arising in connection with any actual or claimed infringement of any patent, copyright (including without limitation brochures, manuals, datasheets, press releases, announcements, images, website content or other content), mask work, or trademark (including without limitation trade dress, design marks, logos, slogans, phrases or other marks). If you believe that your work has been copied in a way that constitutes infringement, please contact us.

To submit a notification pursuant to the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent at webmaster@atecorp.com with the following information (see 17 U.S.C 512(c)(3) for further details):
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

ADVANCED TEST EQUIPMENT® and ATEC® are registered trademark of A.T.E.C (U.S. Trademark Reg. Nos. 2,497,351, 2,672,293, and 4,209,909). The Advanced Test Equipment name and ATEC logos (referred to as the "marks") on this Web site are proprietary to A.T.E.C.. These marks may not be used in connection with any product or service other than A.T.E.C.’s products or services. The marks may not be used in any manner that is likely to cause confusion among customers or potential customers of A.T.E.C.. The marks may not be used in any manner that disparages or discredits A.T.E.C. or in any manner not expressly authorized by A.T.E.C.. All other company names, brand names, product names, and service names used on this site are trade names, service marks, trademarks, or registered trademarks of their respective owners.
 

Linking to this Site


If you would like to link to the A.T.E.C. web site please read and comply with the following:
The site that links to the A.T.E.C. web site
  • Must not frame or border the A.T.E.C. site in any way or with any other content. Must not copy, mirror or otherwise duplicate A.T.E.C. site content.
  • Must not imply any endorsement by A.T.E.C.
  • Must not misrepresent any relationship with A.T.E.C.
  • Must not use A.T.E.C. logo or name without A.T.E.C.'s permission.
  • Must not provide false or misleading information about A.T.E.C.
  • Must not contain content that could be considered offensive, inappropriate or unsuitable for viewing by all ages.

    You may not link to the A.T.E.C. web site for the purpose of selling your products or other property without the prior written authorization of A.T.E.C..

    Revised July 1, 2016