TERMS AND CONDITIONS OF USE
Welcome to our website. This Site is maintained as a service to our customers. By using www.andonline.com and/or any of its subdomains (the "Site"), you agree to comply with and be bound by the following terms and conditions of use (“Terms”). Please review these Terms carefully. If you do not agree to these Terms, you should not use this Site. BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS SITE, OR ANY SERVICES OR CONTENT MADE AVAILABLE ON THIS SITE (COLLECTIVELY "SERVICE"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS.
References to our “Affiliates” include our owners, subsidiaries, affiliated companies, licensors, licensees, officers, directors, suppliers, partners and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this Site and its contents.
1. Agreement. These Terms specify the terms and conditions for access to and use of the Site and various related services and describes the terms and conditions applicable to your access of and use of the Site. In addition, when using particular Services or materials on the Site or ordering products, you may be subject to additional posted guidelines or rules applicable to such Services, materials or purchases that contain terms and conditions in addition to these Terms. All such additional guidelines or rules are hereby incorporated by reference. These Terms may be modified at any time by us upon posting of the modified Terms. Any such modifications shall be effective immediately. It is your responsibility to review the Site periodically and to be aware of any modifications. You can review the most recent version of these Terms at any time at https://weighing.andonline.com/support/terms-of-use. Each use by you shall constitute and be deemed your unconditional acceptance of the most current version of these Terms.
3. Conduct on Site. Your use of the Site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the Site. By posting information in or otherwise using any chat room, message board or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of chat rooms, message boards or other interactive services that may be available on or through this Site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and any other rules of user conduct for our Site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Copyrights” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
4. Purchasing Products. If you want to purchase products via the Site, you may do so upon completion of your registration. All product purchases will be governed solely by our then-current Terms and Conditions of Sale, which can be found at https://weighing.andonline.com/support/terms-of-sale.
5. Ownership. All content included on this Site is and shall continue to be the property of A&D Engineering and its Affiliates or its content suppliers and is protected under applicable copyright, patent, trademark, and other applicable laws. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
6. Intended Audience. This Site and the Services are intended for adults only and are not intended for any children under the age of 13. Although this Site may be accessible worldwide, we make no representation that products or materials on this Site are appropriate or available for purchase and/or use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, material, service and/or information made in connection with this Site is void where prohibited.
7. Trademarks. All trademarks, service marks, logos, and copyrighted works appearing in this Site are the property of A&D or the party that provided such intellectual property to A&D. A&D and any party that provides intellectual property to the Site retain all rights with respect to any of their respective intellectual property appearing in this Site, and no rights in such materials are transferred or assigned to you.
8. Site Use. We and our Affiliates grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or Services in violation of any law. The use of this Site is at our sole discretion and we may terminate your use of this Site at any time without notice. You further acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites and will cooperate with law enforcement in investigating suspected criminal violations.
10. Indemnification. You agree to indemnify, defend and hold us and our Affiliates, partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
11. Disclaimer. The use of this Site is at your sole risk. This Site and any information or Services provided through the Site is provided on an "as is" and "as available" basis. A&D AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE SITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED. No advice or information, whether oral or written, obtained by you from or through the Site shall create a warranty not expressly stated in these Terms.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL A&D OR ITS AFFILIATES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF A&D AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF THE WEBSITE OR ANY SERVICES WE PROVIDE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you. Liability and terms related to the purchase of our products are contained in the Terms of Sale applicable to such products.
14. Third Party Sites and Information. This Site may link you to other sites on the Internet or otherwise include references to information, products, materials and/or services provided by other parties. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products, materials and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied. From time to time, this Site may include advertisements of or promotions offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
15. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) 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; and
(f) 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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:
By Mail: A&D Engineering, Inc., 1756 Automation Parkway, San Jose, CA 95131, United States of America
Attn: Copyright Agent
By email at: email@example.com
By Phone: (888)726-9966
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. Please be aware that if you knowingly materially misrepresent that material or activity on this Site is infringing on your copyright, you may be held liable for damages, including costs and attorneys’ fees, under the Digital Millennium Copyright Act.
16. Applicable Law. You agree that the laws of the state of California, without regard to conflicts of laws provisions will govern these Terms and the use of the Site and any dispute that may arise between us. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the appropriate state court in the City of San Jose, California and the County of Santa Clara, California, with respect to such matters.
17. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
18. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
19. Termination. We may terminate this Agreement at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
20. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
21. Entire Agreement. These Terms (including the associated policies and additional terms and conditions referenced herein) constitutes the entire agreement between us and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to this Site.
22. Notices. All notices to us must be sent in writing to the attention of Consumer Service at firstname.lastname@example.org, if by e-mail, or at 1756 Automation Parkway, San Jose, California 95131, if by conventional mail. All notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed e-mail; or (6) on the date of publication if transmitted by broadcast notice.
23. Contact Information. All feedback, comments, requests for technical support and other communications relating to this site should be directed to email@example.com, if by e-mail, or A&D Engineering, Inc., Attn: Customer Service, 1756 Automation Parkway, San Jose, California, 95131, if by conventional mail.
Effective January 1, 2018