The Advanced Coating Technology (ACT) website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ACT website constitutes your agreement to all such terms, conditions and notices.
Modification of the Terms of Use:
ACT reserves the right to change the terms, conditions, and notices under which the ACT website is offered.
Links to Third Party Sites:
The ACT website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ACT and ACT is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ACT is not responsible for webcasting or any other form of transmission received from any Linked Site. ACT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ACT of the site or any association with its operators.
No Unlawful or Prohibited Use:
As a condition to your use of the ACT website, you warrant to ACT that you will not use the ACT website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the ACT website in any manner which could damage, disable, overburden, or impair the ACT website or interfere with any other party’s use and enjoyment of the ACT website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the ACT website.
Changes:
ACT reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the website after any changes to this Agreement are posted will be considered acceptance of those changes.
ACT may terminate, change, suspend or discontinue any aspect of the ACT website, including the availability of any features of the website, at any time. ACT may also impose limits on certain features and services or restrict your access to parts or all of the website without notice or liability.
Liability Disclaimer:
THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ACT WEBSITE MAY INCLUDE INACCRUACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ACT MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ACT WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE ACT WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ACT MAKES NO REPRESENTATION ABOUT THE SUITABLILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE ACT WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICALBE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACT HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABIILTY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ACT WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ACT WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ACT WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE ACT WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ACT IT HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ACT WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ACT WEBSITE.
Termination/Access Restrictions:
ACT reserves the right, in its sole discretion, to terminate your access to the ACT website and the related services or any portion thereof at any time, without notice.
General:
To the maximum extent permitted by law, this agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cumberland County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the use of the ACT website. Use of the ACT website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ACT as a result of this agreement or use of the ACT website. ACT’S performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ACT’S right to comply with governmental, court and law enforcement requests or requirements relating to your use of the ACT website or information provided to or gathered by ACT with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and ACT with respect to the ACT website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ACT with respect to the ACT website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
Copyright and Trademark Notices:
All contents of the ACT website are: Copyright 2011 Advanced Coating Technology, 327 West Allen Street, Mechanicsburg, PA 17055. All rights reserved.
Trademarks:
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Notices and Procedures for Making Claims of Copyright Infringement:
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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