Terms Of Use

General

Access to and use of the AMAX Information Technologies, Inc. (“AMAX”) website, www.amax.com (“Site”) is provided subject to these terms and conditions and all applicable laws and regulations (“Terms of Use”). By viewing, accessing or using this Site, or attempting to view, access or use this Site, you accept, without limitation or qualification, these Terms of Use. The AMAX Privacy Notice is hereby incorporated in its entirety into these Terms of Use. Any other agreement between you and AMAX that may govern or affect your access and use of this Site, regardless of form, is null and void. These Terms of Use may be modified from time to time by AMAX only, and your continued use of the Site constitutes continuing acceptance of any new or updated conditions.

A finding by a court of competent jurisdiction that a provision of these Terms of Use is invalid, illegal, or unenforceable shall not affect any other part of these Terms of Use, and such provision shall be construed by limiting it to the extent necessary so as to be enforceable or, if such provision cannot be so limited, then these Terms of Use shall be construed as if they had never contained such provision. These Terms of Use may be assigned by AMAX to another legal entity at any time, at AMAX’s sole discretion. You do not have the right to transfer these Terms of Use at any time without AMAX’s prior written consent. No delay or failure by either Party to take any action or assert any right hereunder shall be deemed to be a waiver of such right.

Use of Site

The contents of this Site fall under the intellectual property rights of AMAX, including but not limited to the Copyright © of AMAX. Any rights not expressly granted herein are reserved. AMAX authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose without AMAX’s prior written consent. For purposes of these Terms of Use, any use of these materials on any other Web site or networked computer environment for any purpose is prohibited. The use of press releases and other documents classified as public is permitted in public communications if the source for the information has been stated.

Use of Information

AMAX does not sell information gathered on the Site to third parties. However, we may distribute such information to our Partners. Such collaboration helps marketing activities, such as direct mailings, online notifications, and distribution of other promotional offers. Your personal information will also help AMAX provide personalized technical support.

If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you agree to immediately cease viewing, accessing or using the Site, and to immediately destroy any downloaded or printed materials.

Trademark Notice

AMAX is a registered trademark of AMAX Engineering Corporation. AMAX’s product names are either trademarks or registered trademarks of AMAX. Other product and company names mentioned herein may be trademarks or trade names of their respective owners. Your access to this site should not be construed as granting, by implication, estoppels or otherwise, any license or right to use any marks appearing on the site without the prior written consent of AMAX or the third party owner thereof.

Links to Other Web Sites

Any other sites linked from this Site are not necessarily under AMAX’s control, and AMAX does not assume any responsibility or liability for any communications or materials available at such linked sites. AMAX does not intend links on this Site to be referrals or endorsements of the linked entities; they are provided for your convenience only.

Disclaimer of Warranty

The contents of this Site are provided “as is.” NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THESE PAGES.

Limitation of Liability

AMAX SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED TO OR ARISING OUT OF THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SERVICE, EVEN IF AMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF AMAX WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Export Laws

You are responsible for obtaining and securing, and shall obtain and secure, any and all authorizations, licenses and permits required by any United States or foreign governmental or judicial authority in connection with use of this Site, including without limitation, for the export of any data, software, documents, technology or other matter subject to export control laws and regulations or any governmental authority. AMAX makes no representation that Information found at or accessible through this Site is appropriate or available for use outside the United States. Users electing to access the Site from outside the United States acknowledge that they do so on their own initiative and are responsible for compliance with all applicable local laws. Software available at or accessible through this Site is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department’s Office of Foreign Assets Control’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you (1) are not a national or resident of any such embargoed country, nor are you located in or under the control of one; and that you (2) are not on the aforementioned lists.

Applicable Laws

The federal laws of the United States and the laws of the State of California shall govern all matters relating to your access and use of this Site. The federal and state courts within Alameda County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of, or relating to or in any way connected with your access and/or use of this Site. In the event of any legal action between AMAX and user arising out of or relating to these Terms of Use, the prevailing party shall be entitled to recover all court costs and reasonable attorney’s fees from the other party.