Accuracy, Completeness, and Timeliness of Information and Content on the Website
A-dec is not responsible if any information or content available on the Website is not accurate, complete, or current. A-dec reserves the right to modify the Website and any content at any time without notice, but has no obligation to update the Website or its content. It is your responsibility to monitor changes to the Website. There may be times when the Website, its content, or certain features or parts of the Website become unavailable on an unscheduled basis. We will not be liable to you for any temporary or permanent withdrawal, modification, unavailability, suspension, or discontinuance of the Website or any content or service available through the Website.
All content contained on this Website, including but not limited to text, graphics, forms, logos, button icons, images, as well as the selection and arrangement thereof, and the overall “look and feel,” color combinations, other graphical elements of the Website, and software, is the property of A-dec, its affiliates or their collective suppliers and is protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of A-dec and protected by United States and international copyright laws.
All trademarks on this Website are subject to trademark rights of A-dec, its affiliates, and their collective suppliers in the United States and foreign countries. A-dec, the A-dec logo, A-dec Inspire, Cascade, Century Plus, Continental, Decade, Dectron, ICX, ICV, Performer, Preference, Preference Collection, Preference ICC, Radius, and reliablecreativesolutions are trademarks of A-dec, Inc., and are registered in the United States and other countries. A-dec 500, A-dec 400, A-dec 300, A-dec 200 and ICX Renew are also trademarks of A-dec, Inc. None of the trademarks or trade names on this Website may be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
Certain touchpad symbols are proprietary to A-dec, Inc. Any use of these symbols, in whole or in part, without the express written consent of A-dec, Inc., is strictly prohibited.
Except as expressly stated below, you receive no rights to any proprietary information or intellectual property of A-dec, its affiliates or its suppliers by your use of this Website.
Use of Website and Contents
A-dec grants you a limited, revocable, nonexclusive, nontransferable, nonassignable, nonsublicensable license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of A-dec. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of A-dec. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of A-dec, our affiliates, or suppliers without express written consent.
You agree that your use of the Website and its content will be in compliance with all applicable laws and regulations and that you will not use, or allow any other person to use, the Website or its content for or in connection with any illegal purpose or activity.
You are responsible for all software, hardware, services (such as Internet service), and other equipment necessary to access and use the Website, including all related expenses, if any. By accessing the Website, you acknowledge and agree that you are solely and exclusively responsible for protecting your own computer, device and software in any and all respects.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties. You agree not to use the Website to design, develop, test, update, operate, modify, maintain, support, market, advertise, distribute, or otherwise make available any program, application, or service (including without limitation any device, technology, product, computer program, mobile device application, website, or mechanical or personal service) that enables or provides access to, use of, operation of, or interoperation with the Website. You agree not to attempt to access data or materials not intended for you; not to create a database by downloading and/or saving any content, whether directly or through intermediaries; not to transmit, disclose, collect, or store personal information about others; and not to test the vulnerability of our network and/or security systems or otherwise breach or circumvent our security in any way. Although we attempt to prevent viruses and other malicious software from being passed along through the Website, you agree that protection of your own software, personal computer, and other devices from malicious software is your responsibility.
You may not use any manual or automatic website search/retrieval computer hardware or application to retrieve or in any way gather Website content or reproduce or circumvent the structure or presentation of the Website without our prior written consent. As a limited exception, general purpose Internet search engines will be entitled to access the Website and use limited content from the Website if, in all cases: (i) They provide a direct hyperlink to the relevant web page from the Website; (ii) they link to and use the content solely in connection with their activities as a general purpose Internet search engine; and (iii) they access the Website from a stable IP address using an easily-identifiable agent. A-dec may terminate this limited exception for general purpose Internet search engines at any time and in its sole discretion, upon written notice including, without limitation, email notice.
A-dec reserves the right to terminate or restrict your use of our Website and services, without notice, for any or no reason whatsoever.
Any communication you send to this Website or to A-dec in any other manner is non-confidential in nature unless otherwise expressly stated by A-dec on the web page on which such communication is submitted. You agree, warrant, and represent that and any and all disclosures, comments, suggestions, ideas, and other submissions (“Submissions”) submitted by you through the Website (i) are exclusively owned or controlled by you; (ii) are accurate and do not violate the rights of, or cause injury to, any third party, including without limitation any third-party copyright, trademark right, right of privacy, right of publicity or other personal or proprietary rights; (iii) are not illegal, obscene, defamatory or threatening; and (iv) do not contain viruses. You must not use any false email address or other contact information, impersonate any person or entity, or otherwise mislead as to the origin of your Submissions.
THIS WEBSITE INCLUDING ITS CONTENTS AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND. A-DEC, ITS AFFILIATES AND THEIR COLLECTIVE SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY, SYSTEM INTEGRATION, OR QUIET ENJOYMENT. A-DEC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL BE ACCURATE IN ALL RESPECTS.
IF YOU DOWNLOAD ANY CONTENT OR MATERIALS FROM THE WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIALS. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT A-DEC IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE WEBSITE AND/OR ITS CONTENTS; OR (2) EMAILS SENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM A-DEC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. ANY DATA TRANSMITTED THROUGH WEBSITE IS DONE AT YOUR OWN RISK.
TO THE FULLEST EXTENT ALLOWED BY LAW, A-DEC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE AND CONTENT PROVIDERS, SUBCONTRACTORS, AND SUPPLIERS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, “RELEASEES”) DISCLAIM ANY AND ALL LIABILITY AND/OR RESPONSIBILITY FOR THE ACCURACY, RESULTS, RELIABILITY, AVAILABILITY, VIRUS-FREE ACCESS, COMPLETENESS, TIMELINESS, FUNCTIONALITY, LEGALITY OR OPERABILITY OF THE SITE, ITS CONTENT OR MATERIALS CONTAINED THEREIN. YOUR ACCESS TO THE SITE, CONTENT, AND MATERIALS THEREIN IS SOLELY AT YOUR OWN RISK.
Limitation on Liability
You acknowledge and agree that any information you send or receive during your use of the Website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Website is at your own risk. YOU ACKNOWLEDGE AND AGREE THAT A-DEC, ITS AFFILIATES AND THEIR COLLECTIVE SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, DAMAGE OR DESTRUCTION OF EQUIPMENT, INTERRUPTION OF BUSINESS, LOST PROFITS, OR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE INFORMATION CONTAINED THEREON. A-DEC’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE USE OF THE WEBSITE OR THE INFORMATION CONTAINED HEREON IS LIMITED TO $100.00. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. A-dec reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and in such case, you agree to cooperate with A-dec in the defense of such matter.
Audit Rights and Enforcement
Notices and Electronic Communications
When you use the Website or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. A-dec may provide notices to you by sending them to the email address you provide to us through the Website. Any notice sent to you by email will be deemed received when sent. We may also communicate with you by posting notices on the Website, and any such notice shall be deemed received when you visit the Website after we post such a notice. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Any notice that you send to A-dec must be sent by mail to the following address or to such other address as we provide in a notice to you or on the Website: a-dec.com, Customer Service, Global Headquarters, 2601 Crestview Drive, Newberg, Oregon 97132 USA.