LEGAL DISCLAIMER
AMSYSCO, Inc. (“AMSYSCO”) web sites are provided for informational purposes. Unless otherwise specified, all material on these sites may only be downloaded for personal non-commercial use with copyright and trademark notices in place. By using these sites, you agree (“Agreement”) to abide by these terms and conditions.
User Access
AMSYSCO may at any time, in its sole discretion: (1) revoke the access of any user to this site; (2) modify, change, withdraw or delete this site and/or any of these conditions of use in whole or in part.
Links to Third Party Sites
Any links provided on AMSYSCO websites may allow the user to leave the AMSYSCO websites. The linked sites may not be under the control of AMSYSCO, and AMSYSCO shall not be responsible for the content of any linked site or link contained in a linked site. AMSYSCO provides these links as a convenience only, and the inclusion of any link does not imply an endorsement, affiliation, or sponsorship by AMSYSCO of that site. If you decide to visit a linked site, you do so at your own risk.
Trademarks
“AMSYSCO”, AMSYSCO (LOGO) and/or other AMSYSCO names or products referenced herein are trade names, trademarks and/or service marks of AMSYSCO, Inc. and are to be used only under license. Any other use is an unauthorized use. Other product or company names mentioned herein may be the trade name, trademark, or service mark of their respective owners.
Software
Any software (“Software”) that may be made available to download from the server of this site may be the copyrighted work of AMSYSCO and/or its suppliers. Use of the Software is governed by the terms of the end – user license agreement, which accompanies or is included with the Software (“License Agreement”). Any Software made available for downloading is solely for use by end – users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, AMSYSCO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
License to AMSYSCO
AMSYSCO does not want you to send any confidential or proprietary information via AMSYSCO sites. By posting messages, uploading files, inputting data or engaging in any other form of communication through this service, you agree to grant AMSYSCO a royalty-free, perpetual, nonexclusive, unrestricted worldwide license to:
1. Use, copy, sublicense, adapt, transmit, re-transmit, distribute and/or publicly perform or display any such communication.
2. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
The foregoing grants shall include the right to exploit all rights in such communication, including but not limited to rights under copyright, trademark, service mark, patent laws or other intellectual property including right of publicity laws under any relevant jurisdiction.
Disclaimer
THE DATA AND INFORMATION CONTAINED IN THIS WEB SITE ARE BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. AMSYSCO SITES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND OR CONDITION, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. AMSYSCO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AMSYSCO EATON IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL AMSYSCO, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING AMSYSCO SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE AMSYSCO SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE
Limitation of Damages
IN NO EVENT SHALL AMSYSCO BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER, INCLUDING ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, RELATING TO THE USE OF THIS SITE EXCEPT AS OTHERWISE LIMITED BY APPLICABLE LAW. AMSYSCO RECOMMENDS ONLY THOSE APPLICATIONS FOR ITS PRODUCTS THAT ARE SPECIFIED IN ITS CATALOGUES OR OTHER COMPANY LITERATURE, AND HEREBY DISCLAIMS ANY LIABILITY FOR USES OTHER THAN THOSE SPECIFIED. THE PRODUCTS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THEIR TERMS AND CONDITIONS OF SALE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT AMSYSCO IS NOT LIABLE FOR ANY DEFAMATORY, ANTICOMPETITIVE, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY AMSYSCO MATERIAL, OR WITH ANY OF AMSYSCO’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Bulletin Boards
This service may include bulletin boards and chat rooms (“bulletin boards”) which allow feedback to or from AMSYSCO and real-time interaction between users. AMSYSCO does not control the messages, information or files delivered to bulletin boards. IT IS A CONDITION OF YOUR USE OF THE BULLETIN BOARDS AND THIS SITE THAT YOU DO NOT:
1. Restrict or inhibit any other user from using and enjoying the bulletin boards.
2. Post or transmit any unlawful, anti-competitive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct or infringing conduct of any kind that would constitute a criminal or civil offense, which may give rise to civil liability or otherwise violate any local, state, national or international law.
3. Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, patent, or other proprietary right, or derivation of copyrighted works with respect thereto, without first obtaining written permission from the owner or right holder.
4. Post or transmit any information, software or other material which contains a virus or any other harmful component.
5. Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising, other than for the business purposes of Eaton.
You understand that AMSYSCO has no obligation to monitor or edit the content of the bulletin boards. However, AMSYSCO reserves the right at all times to disclose any information posted by you or any other user as may be necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in AMSYSCO’s sole discretion are objectionable or in violation of these terms and conditions.
Blogs
AMSYSCO maintains the AMSYSCO Blog (“Blog”) as a service (including, without limitation, text, photographs, graphics, video and audio content) to the Internet community. The Blog has been designed to provide general information about post-tensioning and the construction industry. These pages are not intended to provide investment or advice, nor do they provide instruction on the appropriate use of products produced or supplied under development by AMSYSCO, its suppliers, related companies, or its licensors or joint venture partners.
Note on Forward-Looking Information: Except for the historical information contained herein, this Web site contains forward-looking statements, the accuracy of which are necessarily subject to known and unknown risks and uncertainties.
Indemnification
You agree to defend, indemnify, save and hold harmless AMSYSCO, its licensees and AMSYSCO’s respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees, arising out of your use of the site, or your violation or alleged violation of the terms of this agreement.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
International Users
The AMSYSCO sites are controlled, operated, and administered from within the United States of America. AMSYSCO makes no representation that the AMSYSCO sites are appropriate or available for use outside the United States. You are prohibited to access the AMSYSCO sites from countries or territories where any content on the AMSYSCO sites might be illegal or prohibited. You may not use the AMSYSCO sites or any materials thereon which may violate any U.S. export laws or regulations.
Notice Requirements of DMCA
Notifications of any alleged copyright infringement must be sent in accordance with Title 17, U.S.C. Section 512(c) to service providers designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.: Attn: Copyright Agent, AMSYSCO, Inc., 1200 Windham Parkway, Romeoville, Illinois 60446, 630-296-8383, info@amsyscoinc.com.
Termination
This Agreement constitutes the entire Agreement and is effective until terminated by AMSYSCO at any time for any reason without notice. In the event of termination, you are no longer authorized to access this site or the bulletin boards, and the restrictions imposed on you with respect to material downloaded from either this site or the bulletin boards, the disclaimers and limitations of liabilities set forth in this Agreement, shall survive termination.
