Terms Of Use

General

Access to, viewing of, and/or any other use of this website, including but not limited to all blogs, press releases, collateral, content, customer portals, information and services available thereunder (“Site”) are 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 are warranting that you have read and understood these Terms of Use, and are accepting, without limitation or qualification, these Terms of Use. If you are viewing, accessing or using this Site (as described above) as another’s agent or on another’s behalf, that person or entity may also be held liable for your compliance with these Terms of Use. The AMAX Privacy Notice is hereby incorporated in its entirety into these Terms of Use, but to the extent that there are any conflicting or inconsistent provisions in the AMAX Privacy Notice or any other agreement between you and AMAX (oral or written), the main body of these Terms of Use shall govern. To the extent that any other agreement between you and AMAX may govern or affect your access to and use of this Site, such agreement shall be of no force or effect as to anything related to or arising out of your access or use of the Site. Notwithstanding the foregoing, to the extent that use of a service provided through this Site (including but not limited to e-commerce) requires you to consent to additional agreements with AMAX, such agreements shall be deemed an enforceable extension of these Terms of Use upon execution, and may supersede the Terms of Use if expressly indicated by the applicable agreement. All such additional agreements are offered by, and may be accepted at, the sole discretion of AMAX. AMAX does not warrant for any third party plug-ins, services, agreements, content or information.

These Terms of Use may be modified at any time by AMAX only, and your continued use of the Site constitutes continuing acceptance of the Terms of Use, including any new or updated conditions. You hereby acknowledge and agree that you are solely responsible for reading and understanding the Terms of Use, including 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, or the validity of these Terms of Use as a whole, 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 such provision will be replaced by an AMAX-approved provision that comes closest to the meaning of the original severed provision without being invalid, illegal or unenforceable. 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 express, 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.

Notwithstanding anything to the contrary and to the fullest extent permitted by applicable law, for everything on this Site (including but not limited to downloadable collateral), all references to “AMAX Information Technologies, Inc.” “AMAX AI” “ACMA Computers, Inc.” or any reference to any other subsidiary or affiliate of AMAX shall be deemed in reference to AMAX.

Use Of Site

With the exception of clearly verifiable and proprietary third-party materials (trademarks, third-party plug-ins, specifications, performance benchmarks, etc.) and open source material, the contents of this Site are the sole and exclusive property of AMAX, including but not limited to patents, copyrights, trademarks, service marks, moral rights, and all other intellectual property rights.

Any rights not expressly granted in writing herein are reserved. To the minimum extent required by applicable law, 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 (including third party notices) on all copies of the materials (or any portion thereof). You likewise agree that any open source materials viewed or downloaded in accordance with the foregoing license will be used or modified only in accordance with the terms of their original open source license, and to comply with any applicable end-user license agreements for third party software or services. Notwithstanding the foregoing, the limited use license in this paragraph is NOT granted to ANY information marked “Confidential” or “Proprietary” or to any other content the user should reasonably know to be confidential in light of the circumstances or the nature of the information. No other license whatsoever, express or implied, is granted to the contents of this Site.

You may not modify this Site in any way, attempt to gain unauthorized access, or reproduce, publicly display or publicly perform, sell, distribute, sublicense, or otherwise use any of the contents of this Site without AMAX’s express and prior written consent. You may not disassemble, decompile, or otherwise reverse engineer any content, applications or services on this Site. For purposes of these Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The use of press releases and other documents expressly classified by AMAX as “Public” is permitted in public communications if the source for the information has been clearly stated. You hereby agree to comply with all applicable laws and regulations when viewing, accessing or using this Site.

Use Of Information

AMAX may gather, store and use any information collected through the Site, for any legal purpose. This is including but not limited to marketing, customer service, and aftermarket support. AMAX shall not share any Personally Identifiable Information with third parties without your express, prior written consent, and all information submitted through this Site shall be retained in accordance with AMAX policies. If you breach any of these Terms of Use, your authorization to use this Site automatically terminates and you agree to immediately (and permanently) cease viewing, accessing or using the Site, and to immediately destroy all downloaded or printed materials. AMAX retains the right to, without limitation, seek an injunction or other equitable action to enforce these Terms of Use. You hereby understand and agree that any submission of information to this Site (including but not limited to Personally Identifiable Information) is voluntary and at your sole discretion. In accordance with this, AMAX hereby agrees to comply with all applicable laws and regulations pertaining to privacy and data protection (including but not limited to the GDRP), to the extent AMAX is subject to such laws and regulations.

If you wish to Unsubscribe from our promotional mailing list, click here. If you wish to Contact Us, or to seek protection for Personally Identifiable Information (which protection may be granted at AMAX’s discretion, unless required by law), call us at (800) 800-6328. For more information on our privacy policies and handling of information, please read the AMAX Privacy Notice.

Trademark Notices

AMAX product names (and other AMAX trademarked information) 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 shall not be construed as granting in any way, 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 to from this Site are not necessarily under AMAX’s control, and AMAX does not assume any responsibility or liability whatsoever for any communications, information, services or materials at any linked sites (including but not limited to e-commerce sites and social media profiles). AMAX does not intend links on this Site to be referrals or endorsements of the linked entities in any way, and AMAX does not provide any warranty, express or implied, with regard to such sites (including but not limited to warranties as to accuracy, completeness, or non-infringement). These links are provided for your convenience only. Visits to linked entities may offer or require additional action on your part, including but not limited to the creation of user accounts, the submission of personal information, or the execution of license or end user agreements. AMAX is not a party to this in any way, and you hereby agree to indemnify and hold harmless AMAX from any legal action or liability generated as a result of visits to other sites.

Disclaimer Of Warranty

THIS SITE IS PROVIDED “AS IS”. NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, ACCURACY, COMPLETENESS OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE IN RELATION TO THIS SITE.

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, AND EVEN IF A PARTY 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 APPLICABLE 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. In addition to other stated restrictions in these Terms of Use, 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 (2) you 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.