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1. ACCEPTANCE OF TERMS OF USE FOR THIS WEBSITE
1.1 YOU MUST READ THESE AMERICAN HOME AND OFFICE TECHNOLOGIES,
LLC WEBSITE TERMS OF USE ("TERMS") CAREFULLY.
AMERICAN HOME AND OFFICE TECHNOLOGIES, LLC. PROVIDE THIS WEBSITE
TO YOU, YOUR EMPLOYEES, AGENTS, AND CONTRACTORS, AND ANY OTHER
ENTITY ON WHOSE BEHALF YOU ACCEPT THESE TERMS (COLLECTIVELY "YOU"),
SUBJECT TO THESE TERMS. THESE TERMS ARE ENTERED INTO BY AND BETWEEN
AMERICAN HOME AND OFFICE TECHNOLOGIES, LLC AND YOU, AND YOU ACCEPT
THEM BY: (a) PLACING AN ORDER THROUGH THIS WEBSITE; (b) USING THE
WEBSITE IN ANY OTHER MANNER; AND/OR (c) ACKNOWLEDGING AGREEMENT
WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS,
DO NOT USE THIS WEBSITE.
1.2 This website ("Website") includes without limitation:
(a) the American Home and Office Technologies, LLC, on-line
services accessible via the Website (collectively the "Services");
(b) information such as technical, contractual, product, program,
pricing, marketing, and other valuable information ("Information");
and (c) content such as data, text, software, music, sound,
photographs, graphics, video, messages, or other materials ("Content").
American Home and Office Technologies, LLC controls and operates its
websites from various locations and makes no representation that this
Website is appropriate or available for use in all locations.
American Home and Office Technologies, LLC products and services
may not be available in Your location, and deliverables may vary
among locations. If You are using the Website on behalf of Your
employer, You represent and warrant that You are authorized to accept
these Terms on Your employer's behalf, and that Your employer agrees
to indemnify You and American Home and Office Technologies, LLC for
violations of these Terms. In addition to the Terms and unless
otherwise noted, the standard American Home and Office Technologies,
LLC terms and conditions of sale in your jurisdiction govern purchases
You make through the Website, unless You have in effect a separate
valid written purchase or license agreement with American Home and
Office Technologies, LLC for that product or service, in which case
that separate agreement governs, and in cases of conflict, prevails.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of Your use of the Website, You agree to:
(a) provide accurate, current, and complete information about You as
may be prompted by a registration form on the Website
(the "Registration Data"); (b) maintain the security of your password
and identification; (c) maintain and promptly update the Registration
Data, and any information You provide to American Home and Office
Technologies, LLC, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to information and Registration
Data. You have sole responsibility for adequate protection and backup
of data and/or equipment used in connection with the Website.
2.2 You are entirely responsible for all Content that You upload,
post or otherwise transmit via the Website. You agree not to upload,
post or otherwise transmit via the Website Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist,
violent, offensive, harassing, or otherwise objectionable to
American Home and Office Technologies, LLC or other users of the
Website; (b) includes unauthorized disclosure of personal information;
(c) violates or infringes anyone's intellectual property rights; or
(d) contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment.
American Home and Office Technologies, LLC reserves the right to edit
or remove Content that violates these Terms or that contains
third-party commercial advertisements.
2.3 You agree that You will not use the Website to: (a) transmit spam,
bulk or unsolicited communications; (b) pretend to be American Home
and Office Technologies, LLC or someone else, or spoof American Home
and Office Technologies, LLC or someone else's identity; (c) forge
headers or otherwise manipulate identifiers (including URLs) in order
to disguise the origin of any Content transmitted through the Services;
(d) misrepresent your affiliation with a person or entity;
(e) disrupt the normal flow of dialogue or otherwise act in a manner
hat negatively affects other users' ability to use the Website;
(f) engage in activities that would violate any fiduciary relationship,
any applicable local, state, national or international law, or any
regulations having the force of law, including but not limited to
attempting to compromise the security of any networked account or
site, operating an illegal lottery or gambling operation, stalking,
or making threats of harm; or (g) collect or store personal data
about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF American Home and Office Technologies, LLC INFORMATION
3.1 You may obtain direct access via the Website to certain confidential
information of American Home and Office Technologies, LLC and its
suppliers, including without limitation technical, contractual, product,
program, pricing, marketing and other valuable information that should
reasonably be understood as confidential ("Confidential Information").
You must hold Confidential Information in strict confidence.
Title to Confidential Information remains with American Home and
Office Technologies, LLC and its suppliers.
3.2 Your obligations regarding Confidential Information expire five
(5) years after the date of disclosure. Upon termination of the Terms
or American Home and Office Technologies, LLC written request,
You must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon You with respect to Confidential
Information that You can establish by legally sufficient evidence:
(a) You possessed prior to Your receipt from American Home and Office
Technologies, LLC, without an obligation to maintain its confidentiality;
(b) is or becomes generally known to the public through no act or omission
by You, or otherwise without violation of the Terms; (c) You obtained from
a third party who had the right to disclose it, without an obligation to
keep such information confidential; (d) You independently developed without
the use of Confidential Information and without the participation of individuals
who have had access to it, or (e) in response to a valid order by a court or
other governmental body, as otherwise required by law, or as necessary to
establish the rights of either party under these Terms and as disclosed after
prior notice to American Home and Office Technologies, LLC adequate to afford
American Home and Office Technologies, LLC the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO American Home and Office Technologies, LLC
4.1 American Home and Office Technologies, LLC does not claim ownership
of the Content You place on the Website and shall have no obligation of
any kind with respect to such Content. Unless otherwise stated herein,
or in American Home and Office Technologies, LLC Privacy Policy, any
Content You provide in connection with this Website shall be deemed to
be provided on a nonconfidential basis. American Home and Office
Technologies, LLC shall be free to use or disseminate such Content
on an unrestricted basis for any purpose, and You grant American Home
and Office Technologies, LLC and all other users of the Website an
irrevocable, worldwide, royalty-free, nonexclusive license to use,
reproduce, modify, distribute, transmit, display, perform, adapt,
resell and publish such Content (including in digital form).
You represent and warrant that you have proper authorization for
the worldwide transfer and processing among American Home and Office
Technologies, LLC, its affiliates, and third-party providers of any
information that You may provide on the Website.
4.2 American Home and Office Technologies, LLC does not routinely
monitor Content, but American Home and Office Technologies, LLC and
its designees reserve the right to monitor, restrict access to, edit
or remove any Content that is available via the Website.
5. DELIVERY OF E-MAIL
American Home and Office Technologies, LLC will attempt to deliver all
of the e-mail that is addressed to Your e-mail address on American Home
and Office Technologies, LLC Services. However, the nature of e-mail is
such that American Home and Office Technologies, LLC cannot guarantee
delivery of such e-mail.
6. INDEMNITY
You agree to indemnify and hold American Home and Office Technologies,
LLC and its subsidiaries, affiliates, shareholders, officers, directors,
agents, licensors, suppliers, alliance members, other partners,
employees and representatives harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to
or arising out of Your Content, Your use of or connection to the
Website (including any use by You on behalf of Your employer),
Your violation of the Terms, or Your violation of any rights of
another.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
American Home and Office Technologies, LLC may provide notice to You via
email, regular mail, or posting notices or links to notices on the
Website. American Home and Office Technologies, LLC reserves the right
at any time to modify, suspend or terminate the Services
(or any part thereof), and/or Your use of or access to them, with or
without notice. American Home and Office Technologies, LLC may also
delete, or bar access to or use of, all related Information and files.
American Home and Office Technologies, LLC will not be liable to You
or any third-party for any modification, suspension, or termination of
the Services, or loss of related information. American Home and Office
Technologies, LLC may amend these Terms at any time by posting the
amended terms on this Website.
8. ADVERTISEMENTS AND PROMOTIONS
American Home and Office Technologies, LLC runs advertisements and
promotions from third parties on the Website. Your correspondence or
business dealings with, or participation in promotions of, advertisers
other than American Home and Office Technologies, LLC found on or
through the Website, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between
You and such advertiser. American Home and Office Technologies, LLC
is not responsible or liable for any loss or damage of any sort
incurred as the result of any such dealings or as the result of the
presence of such non- American Home and Office Technologies, LLC
advertisers on the Website.
9. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Website.
You acknowledge and agree that American Home and Office Technologies,
LLC is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any content, advertising, products, or other materials on or available
from such sites or resources. American Home and Office Technologies,
LLC will not be responsible or liable, directly or indirectly, for any
actual or alleged damage or loss caused by or in connection with use
of or reliance on any such content, goods or services available on or
through any such site or resource.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 Except as expressly authorized by American Home and Office
Technologies, LLC or by Content providers, You agree not to reproduce,
modify, rent, lease, loan, sell, distribute, mirror, frame, republish,
download, transmit, or create derivative works of the Content of others,
in whole or in part, by any means. You must not modify, decompile, or
reverse engineer any software American Home and Office Technologies,
LLC discloses to You, and You must not remove or modify any copyright
or trademark notice, or other notice of ownership.
10.2 " American Home and Office Technologies, LLC Trademarks" means all
names, marks, brands, logos, designs, trade dress, slogans and other
designations American Home and Office Technologies, LLC uses in
connection with its products and services. You agree to comply with
the American Home and Office Technologies, LLC Trademark and Logo
Usage Requirements . You may not remove or alter any American Home
and Office Technologies, LLC Trademarks, or co-brand your own products
or material with American Home and Office Technologies, LLC Trademarks,
without American Home and Office Technologies, LLC prior written
consent. You acknowledge American Home and Office Technologies, LLC
rights in American Home and Office Technologies, LLC Trademarks and
agree that any use of American Home and Office Technologies, LLC
Trademarks by You shall inure to American Home and Office Technologies,
LLC sole benefit. You agree not to incorporate any American Home and
Office Technologies, LLC Trademarks into Your trademarks, service marks,
company names, Internet addresses, domain names, or any other similar
designations, for use on or in connection with computer or Internet-related
products, services or technologies.
10.3 American Home and Office Technologies, LLC is committed to
respecting others' intellectual property rights, and we ask our users
to do the same. If You believe that Your work has been copied in a way
that constitutes copyright infringement on our Website, please contact
our copyright agent as described in our copyright agent website.
10.4 Unless explicitly stated herein, nothing in these Terms shall be
construed as conferring any license to intellectual property rights,
whether by estoppel, implication, or otherwise. Permission is granted
to display, copy, distribute and download Content owned by American
Home and Office Technologies, LLC on this Website provided that:
(a) the copyright notice pertaining to the Content remains, and a
permission notice (e.g., "Used with permission") is added to such
Content; (b) the use of such Content is solely for personal and
non-commercial use; (c) such Content will not be copied or posted
on any networked computer or published in any medium, except as
explicitly permitted by valid permission or license covering such
materials; and (d) no modifications are made to such Content.
This permission terminates automatically without notice if You breach
any of the terms or conditions in this Section 10.4. Upon termination,
You must immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE
EXPLICITLY STATED. THE WEBSITE, INCLUDING THE INFORMATION, SERVICES
AND CONTENT (AS DEFINED IN SECTION 1.2) IS PROVIDED ON AN "AS IS"
"AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. AMERICAN HOME AND OFFICE
TECHNOLOGIES, LLC DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS,
REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. AMERICAN HOME
AND OFFICE TECHNOLOGIES, LLC MAKES NO REPRESENTATIONS, WARRANTIES,
CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
11.2 AMERICAN HOME AND OFFICE TECHNOLOGIES, LLC MAKES NO WARRANTY OR
REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF
ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
11.3 YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS
OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE,
INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
12. LIMITATION OF LIABILITY
12.1 TO THE FULL EXTENT PERMITTED BY LAW, AMERICAN HOME AND OFFICE
TECHNOLOGIES, LLC IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING,
WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE,
DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE)
ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF AMERICAN
HOME AND OFFICE TECHNOLOGIES, LLC HAS PREVIOUSLY BEEN ADVISED OF, OR
REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES,
HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT
(INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO:
(a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING
WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF
TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR
FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY
DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
12.2 TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION
OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS
OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
13. AMERICAN HOME AND OFFICE TECHNOLOGIES, LLC PRIVACY POLICY
You consent to the collection, processing and storage by American Home
and Office Technologies, LLC of Your personal information in accordance
with the terms of American Home and Office Technologies,
LLC Privacy Policy, which is available at
Privacy Policy
You agree to comply with all applicable laws and regulations, and the
terms of American Home and Office Technologies, LLC Privacy Policy,
with respect to any access, use and/or submission by You of any
personal information in connection with this Website.
14. GENERAL TERMS
14.1 The Terms constitute the entire agreement between You and American
Home and Office Technologies, LLC relating to their subject matter,
and cancel and supersede any prior versions of the Terms.
No modification to the Terms will be binding, unless in writing and
signed by an authorized American Home and Office Technologies, LLC
representative. You must not assign or otherwise transfer the Terms or
any right granted hereunder. You also may be subject to additional
terms and conditions that may apply when You use American Home and
Office Technologies, LLC or third-party products or services.
14.2 You agree that any material breach of Sections 2, 3, 4, 6, and 10
of the Terms will result in irreparable harm to American Home and
Office Technologies, LLC for which damages would be an inadequate
remedy and, therefore, in addition to its rights and remedies
otherwise available at law, American Home and Office Technologies,
LLC will be entitled to equitable relief, including both a preliminary
and permanent injunction, if such a breach occurs. You waive any
requirement for the posting of a bond or other security if American
Home and Office Technologies, LLC seeks such an injunction.
14.3 Services, Content, and product derived or obtained from this
Website may be subject to the U.S. export laws and the export or import
laws of other countries. You agree to comply strictly with all such
laws and, in particular, shall: (a) obtain any export, reexport, or
import authorizations required by U.S. or your local laws; (b) not use
Services, Content, or direct product from this Website to design,
develop or produce missile, chemical/biological, or nuclear weaponry;
and (c) not provide Services, Content, or direct product from this
Website to prohibited countries and entities identified in the U.S.
export regulations.
14.4 Rights and obligations under the Terms which by their nature
should survive will remain in full effect after termination or
expiration of the Terms.
14.5 The Website may contain forward-looking statements within the
meaning of the Private Securities Litigation Reform Act of 1995.
Such forward-looking statements may include statements regarding
market expectations and opportunities, expectations about financials,
research and development and strategies, statements concerning American
Home and Office Technologies, LLC roadmaps, market share growth, and
product and service development and introduction, and our continuous
evaluation of the competitiveness of our product and service offerings.
These forward-looking statements are just predictions and involve risks
and uncertainties. Actual results may differ materially from results
discussed in the forward-looking statements. Factors that may cause
such a difference include risks related to adverse changes in general
economic conditions, failure to reduce costs, lack of success in
technical advancements, the timely development, production and
acceptance of new products and services, and American Home and Office
Technologies, LLC ability to compete in a highly competitive and
rapidly changing marketplace. For a detailed listing of the potential
factors affecting American Home and Office Technologies, LLC business
and these forward-looking statements.
14.6 Any express waiver or failure to exercise promptly any right under
the Terms will not create a continuing waiver or any expectation of
non-enforcement. If any provision of the Terms is held invalid by any
law or regulation of any government, or by any court or arbitrator, the
parties agree that such provision will be replaced with a new provision
that accomplishes the original business purpose, and the other
provisions of the Terms will remain in full force and effect.
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