DATE OF LAST REVISION: February 18, 2008
Welcome to the Amphire Website (the "Site"). You are being provided data ("Data") which is the product of Amphire Solutions, Inc. and Amphire International, Ltd.'s (collectively, "Amphire") proprietary information system (the "System"). Please review the following terms and conditions concerning your use of the Data. By accessing, using or downloading any materials from the Site, you agree to follow and be bound by these terms and conditions (the "Terms"). If you do not agree with these Terms, you are hereby prohibited from accessing the Site or the Data.
GENERAL USE PROVISIONS
All Data provided by Amphire, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services ("Materials"), are provided either by Amphire or by their respective third party owners ("Third Party Providers") and are the copyrighted work of Amphire and/or its Third Party Providers. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Amphire or the Third Party Provider. Except where expressly provided otherwise by Amphire, no license is hereby granted under any of Amphire's or any Third Party Provider's intellectual property rights, whether by estoppel, implication, or otherwise. Information or Data provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Amphire. In no event shall any order or other transmission placed through the System be deemed effective until accepted by the third party with whom the order is placed or to whom the transmission was sent.
LINKS TO THIRD PARTY SITES
This Data may contain links to web sites controlled by parties other than Amphire. Amphire is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Amphire is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Amphire of the linked web site.
All comments, feedback, information or materials submitted to Amphire through or in association with this Data ("Submissions") shall be considered non-confidential and Amphire's property. By providing such Submissions, you agree to assign to Amphire, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Amphire shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.
PASSWORDS AND SECURITY
Access to and use of password protected or secure areas of the Site is restricted to authorized users only. You may not share your password(s), account information, or access to the Site. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Site. You agree to notify Amphire immediately of any unauthorized use of your password(s) or account(s).
NO UNLAWFUL OR PROHIBITED USE
TERMINATION OF USE
You agree that Amphire may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site and activity on the Site may be monitored by Amphire.
DISCLAIMER THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND ARE FOR COMMERCIAL USE ONLY. AMPHIRE HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AMPHIRE MAKES NO REPRESENTATION OR WARRANTY THAT : (1) THE SITE WILL MEET YOUR REQUIREMENTS, (2) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY OR ERROR FREE BASIS, (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE, OR (4) THE QUALITY OF ANY DATA, MATERIALS OR CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. AMPHIRE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT SHALL AMPHIRE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT, DOCUMENTS, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE.
Exclusions and Limitations
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the Materials provided on the Site, in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Amphire in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Amphire outside the U.S. Neither the services of Amphire nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Applicable Laws All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of California. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in San Mateo County, California. You and Amphire agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding
GENERAL This Data may include inaccuracies or typographical errors. No orders placed by you shall be deemed valid until accepted by the Supplier. Amphire and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Data at any time without notice. Amphire may periodically make changes to the Data. Any action related to these Terms will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. These Terms represent the entire understanding relating to the use of the Data and prevail over any prior or contemporaneous, conflicting or additional, communications. Amphire has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Amphire. If any provision of these Terms are found to be invalid by any court of competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Failure by Amphire to exercise any right or remedy under these Terms shall not constitute a waiver of that right or remedy. In case of any conflict between these Terms and any contract between Amphire and a third party, these Terms shall prevail.
INTELLECTUAL PROPERTY NOTICES Elements of the Data are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Data may be copied or retransmitted unless expressly permitted by Amphire. Amphire, the Amphire logo and/or other Amphire products referenced herein are trademarks of Amphire Solutions, Inc., and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners. Copyright © 2001-2008 Amphire Solutions, Inc. All rights reserved.
LEGAL CONTACT INFORMATION If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Amphire Contract Administrator at [email protected].
© 2008 Amphire Solutions, Inc. Unauthorized Duplication Prohibited.