Effective July 1, 2019
Definitions
The privacy notices, policies, terms and conditions, disclaimers,
disclosures, agreements, and contracts are collectively called Documents. The
term Services refer to the services we offer. The terms us, we, or our
refer to Automation Centre, the owner of this website and the Tracker Suite
Software. A Visitor is someone that browses our website.. The term User is a
collective identifier that refers to a Visitor. All text, information,
graphics, design, and data offered through our website or Services, are collectively
known as our Content.
This web page represents a legal document and is the terms of use (Agreement) for our website. By using our website, Services, and Documents, you agree to fully comply with and be bound by the following Agreement each time you use our website, Services, and Documents. Please read the following terms carefully.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMITS OUR LIABILITY TO YOU. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS AND/OR BROWSE IT FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Automation Centre and supersedes all other Agreements, representations, warranties, and understandings with respect to our website, Services, Documents and the subject matter contained herein.
Standard Agreement
1) You may not under this Standard Agreement: (a) copy the Documents except as
specifically provided above; (b) transfer the ownership or allow use of the
Documents to or by any third party; (c) disassemble or create derivative works
from our Documents, nor assert or attempt to claim any intellectual property
rights in any such modification or improvement.
2) You may not republish, sell, distribute, upload, nor post our Documents to another website or blog. Our Documents may not be duplicated in any way without our written permission or an extended license agreement. You acknowledge and agree that all Documents are the property of Automation Centre and are protected by copyrights, trademarks, service marks, trade secrets, and other rights and laws in the U.S. and internationally.
3) Our copyright notice on our Documents may not be removed without our written permission. Any violation of these provisions will automatically revoke this Standard License Agreement and could subject you to legal liability. No printout nor electronic version of any part of our website may be used by you in any litigation or arbitration matter under any circumstances.
ARBITRATION
Any legal controversy or
legal claim arising out of or relating to this Agreement, our Services, or
Documents, excluding legal action taken by us to collect or recover damages
for, or obtain any injunction relating to, website operations, intellectual
property, our Services, and our Documents shall be settled solely by binding
arbitration in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be arbitrated on
an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. There will be one arbitrator used for
arbitration.
The arbitration shall be conducted in Tucson, Arizona, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Tucson, Arizona necessary to protect the rights or property of you and us pending the completion of arbitration. As a User of our website, Services, or Documents, you will pay for all of the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement shall be treated as though it were executed and performed in Tucson,
Arizona and shall be governed by and construed in accordance with the laws of
the State of Arizona without regard to conflict of law principles. In addition,
you agree to submit to the personal jurisdiction and venue of such courts. Any
cause of action by you with respect to our website, Services or Documents must
be instituted within one (1) year after the cause of action arose or be forever
waived and barred.
Indemnification
You agree to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, 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 our website, Services and Documents.
Our Relationship with You
This Agreement in no way creates any agency, partnership, joint venture,
employee-employer or franchisor-franchisee relationship between you and Automation
Centre.
Our Intellectual Property
Our website may contain our service marks or trademarks as well as those of our
affiliates or other companies, in the form of words, graphics, and logos. Your
use of our website or Services does not constitute any right or license for you
to use our service marks or trademarks, without the prior written permission of
Automation Centre. Our Content, Services, and Documents, is protected under the
United States and foreign copyrights. The copying, redistribution, use or
publication by you is strictly prohibited. Your use of our website, Content,
Documents, and Services does not grant you any ownership rights.
Content Disclaimer
The opinions expressed on our website are not necessarily the opinions of Automation
Centre. The Content, Documents, and Services may be changed without notice and
are not guaranteed to be complete, correct, timely, current or up-to-date. We
undertake no obligation to update any of our Content, Documents, and Services.
Errors, Corrections, and Changes
We do not represent or otherwise warrant that our website will be
error-free, free from viruses or other harmful components, or that we
will correct any errors. We do not represent or otherwise warrant that the
information available on or through our website will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or content of our website, Services or Documents at any time. We
reserve the right in our sole discretion to edit or remove any Documents,
information or other content appearing on our website or Services.
Financial, Legal and Other Advice Disclaimer
You hereby acknowledge that nothing contained in our website, Services or
Documents shall constitute financial, investment, legal and/or other
professional advice and that no professional relationship of any kind is
created between you and Automation Centre. You hereby agree that you shall not
make any financial, investment, legal and/or other decision based in whole or
in part on anything contained in our website, Services or Documents.
Warranty Disclaimer
Automation Centre is not responsible or liable in any manner for any Content
posted on our website or in connection with our Services or Documents whether
posted or caused by Members of our website, or by Automation Centre. Automation
Centre is not responsible for the conduct, whether online or offline, of any
User of our website or Services. Our website or Services may be temporarily
unavailable from time to time for maintenance or other reasons. Automation
Centre assumes no responsibility for any error, omission, interruption,
deletion, defect, delay in operation or transmission, communications line failure,
theft or destruction or unauthorized access.
Automation Centre is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the our website or Services, including without limitation any software provided through our website or Services.
Under no circumstances will Automation Centre be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our website, Services or Documents.
THE INFORMATION, CONTENT, SERVICES, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE, DOCUMENTS, AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. AUTOMATION CENTRE INCLUDING ALL OUR AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE, DOCUMENTS, OR SERVICES. AUTOMATION CENTRE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE, DOCUMENTS OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. AUTOMATION CENTRE DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, DOCUMENTS, OR SERVICES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT, DOCUMENTS, OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, DOCUMENTS, AND RELATED SOFTWARE ARE DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DOCUMENTS, AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AUTOMATION CENTRE. OUR WEBSITE, DOCUMENTS, AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE, DOCUMENTS, OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
Automation Centre shall not be liable for any loss, injury, claim, liability,
or damage of any kind resulting in any way from (a) any errors in or omissions
from our website, Documents, or Services, (b) any product liability issues to
the extent that we are not involved with the manufacturer of the product(s)
giving rise to liability, (c) the unavailability or interruption of our website
or Services, (d) your use of our website, Documents, or Content, (e) the
content contained on our website, Documents, or Services, or (f) any delay or
failure in performance of our website and Services beyond our control.
IN NO EVENT WILL AUTOMATION CENTRE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, DOCUMENTS, CONTENT, SERVICES, OR ANY RELATED SOFTWARE. AUTOMATION CENTRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR OUR DOCUMENTS OR SERVICES.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that
portion will be construed consistent with applicable law and the remaining
portions will remain in full force and effect. To the extent that any Content,
Documents, or Services are in conflict or inconsistent with this Agreement,
this Agreement will take precedence. Our failure to enforce any provision of
this Agreement will not be deemed a waiver of such provision, nor of the right
to enforce such provision. Our rights under this Agreement will survive any
termination of this Agreement.
Changes to Our Terms and Conditions
We
reserve the right to change this Agreement at any time by giving you advanced
notice of the changes by email or in writing. We will also post these changes
on our website. To avoid doubt, no unilateral amendment will retroactively
change agreed dispute-resolution provisions of this Agreement, if any,
including, for example, arbitration provisions for then-pending disputes unless
the parties expressly agree otherwise. Your continued use of our website,
Documents, and Services after any change to this Agreement and notifying you
will constitute your acceptance of such change. If you do not agree with the
changes to this Agreement, you can choose to discontinue the use of our
website, Services, and Documents.
Governing Language
For all purposes, this English language version of these terms of use will be
the original governing instrument and understanding of the parties. In the
event of any conflict between this English version of the terms of use and any
subsequent translation into any other language, this English version will
govern and control.