AMBRAKE – TERMS OF USE
Welcome to the website for Ambrake Corporation, Inc. (hereinafter “Ambrake”). We have established a few ground rules to help make this site helpful, informative, and safe for all our visitors. By using this site, you will be subject to terms and conditions as outlined below. Please carefully read all of these terms and conditions prior to using this site.
APPLICABILITY & ACCEPTANCE OF TERMS
This Terms of Use Agreement is between Ambrake and you. Your access to and use of this website (including without limitation, all content, software, HTML and other code, and script forming a part of this website, and all goods, services, and transactions offered through this Web site (the “Site”). In addition to complying with the terms and conditions of this Agreement, you agree to comply with all additional terms and conditions governing the access to and use of specific areas of this Site which are incorporated into and made a part of this Agreement.
By using this site, you expressly agree to the terms and conditions without limitation or qualification. If you choose not to agree to these terms, then you may not use this site. Ambrake reserves the right to change these terms and conditions at any time without prior notice. You agree that each visit you make to this site shall be subject to the then current Terms of Use. By accessing and browsing this site, you accept without limitation or qualification the Terms of Use and acknowledge that any other agreement between you and Ambrake is superseded.
PRIVACY
Ambrake cares about your privacy concerns. Ambrake understands that the Internet can be a powerful asset to your life. At the same time, we strive to respect and protect your privacy. When you are visiting this website, we may collect types of information concerning your viewing patterns, your browser, operating system and IP address, and any personally identifiable information that you provide to us. This information is used for internal purposes only and will not be sold to provided third parties. By using this Ambrake web site, you are giving us your express consent to use the information that we collect about you in the manner described herein.
COPYRIGHT
This site and all material contained in this site are protected by copyright, unless otherwise indicated. This includes text, graphics, logos, buttons, icons, script, source code, object code, and images. Such material may not be used except as provided in these terms and conditions without the express written permission of Ambrake. The images of people, places, or automobiles displayed on this site are either owned by Ambrake or are used with permission. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
NOTICE OF COPYRIGHT INFRINGEMENT
Should you feel any information on this site violates your copyrights, you may send a notice to the following designated agent pursuant to 17 U.S.C. § 512:
When sending copyright infringement notices pursuant to this section, please place the phrase “Notice of Copyright Infringement” in the subject line of the email. Please note, however, that no other requests, concerns or inquiries will receive a response.
TRADEMARK
The trademark AMBRAKE CORPORATION, AMBRAKE, AMNET, AMNETX, SPIN, and other Ambrake graphics, logos, and marks are owned exclusively by Ambrake and may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Ambrake. All other trademarks not owned by Ambrake or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ambrake or its affiliates.
DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY
This site is provided to you on an “as is” basis. Ambrake makes no representations or warranties of any kind, express or implied, as to the operation of this site or to the information contained therein. This includes, but does not limit to, the text, graphics, audio, icons, buttons, images, and products contained on this site.
AMBRAKE FULLY DISCLAIMS, TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Neither Ambrake nor any other person or entity involved in creating, producing or delivering this site shall be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages. This limitation of liability applies without limitation to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Ambrake also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect your computer equipment or other property as a result of your access to, use of, or browsing in this site, or of your downloading of any materials, data, text, images, video, or audio from this site. Ambrake assumes no responsibility or liability arising from the content of this site, as well as any off site pages or additional sites linked to this site, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, intellectual property claim, danger, or inaccuracy contained therein.
If you are dissatisfied with this website at any time, do not agree with any portion of this Agreement, or have any other claim against Ambrake relating to this Agreement or the Site, then your sole, exclusive remedy is to discontinue using the Site.
ACCURACY OF WEB SITE INCLUDING FUTURE REVISIONS
Ambrake makes reasonable efforts to include accurate and up-to-date information on this site. Even so, the information contained on this site may include technical inaccuracies or typographical errors. Ambrake makes no warranties or representations as to its accuracy. Ambrake assumes no responsibility or liability for any errors or omissions in the content of this site. Ambrake neither warrants nor represents that your use of materials on this site will not infringe rights of third parties not owned by or affiliated with Ambrake.
LINKS
As a courtesy to you, this site may offer links to other web sites. By accessing these links, you will leave the Ambrake web site. Ambrake has not reviewed all of the sites linked to this site and is not responsible for the contents of ant off-site pages or any other sites linked to this site.
These third party sites are NOT subject to or bound by the Ambrake Terms of Use. Such third party sites may or may not have their own terms or privacy policies and may or may not collect personal information from you. Ambrake is not responsible for the privacy policies or any information collection practices of these sites or any damages resulting there of.
Your linking to any other off-site pages or other sites is at your own risk.
CONFIDENTIAL INFORMATION
DO NOT SEND ANY CONFIDENTIAL INFORMATION TO THIS SITE. Any communication or material that you transmit to this site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is and will be treated as non-confidential and non-proprietary. Furthermore, you agree that such information is non-confidential and non-proprietary. Therefore, anything that you transmit or post to this site may be used by Ambrake for any purpose, including, but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Ambrake is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this site for any purpose whatsoever.
USER CONDUCT & INFORMATION PROVIDED TO AMBRAKE
You understand that you are the sole person that is responsible for any and all information that you post, upload, e-mail, or transmit to or from this site, including, but not limited to, all information, data, text, software, music, sound, photographs, graphics, video, audio, messages, or other material. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, infringing, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are prohibited from collecting or storing personal information about other users and from stalking or harassing another. You shall not use this site in any manner that could impair the server or could in any way interfere with other users’ enjoyment of this site. You shall not attempt to access any unauthorized account, computer, or other network connected to the Ambrake server through any means. Furthermore, you are prohibited from engaging in any conduct that is harmful to minors in any way.
Ambrake will fully cooperate with any law enforcement authorities or court order requesting or directing the disclosure of the identity of any person positing any such information or materials.
Although Ambrake is under no obligation to monitor any information you post, upload, e-mail or transmit to or from this site, Ambrake specifically, reserves the right to remove any such information at its sole discretion and without notice. In the event you provide any text or non-text information, such as photographs or graphics, you represent and warrant that you are the rightful copyright owner of such information or that you have adequate permission from the rightful copyright owner and that the use of such images is otherwise permitted by these terms of use. By posting any information on this site or submitting any information to Ambrake via this Site, you hereby expressly grant Ambrake a royalty-free, world-wide license to use, copy, edit, distribute, translate, publicly perform and sublicense such information as well as your name as used in connection with such information.
INDEMNITY
You agree to indemnify and hold Ambrake, its subsidiaries and affiliates, agents, officers, directors, employees or insurers harmless from any claim or demand, including reasonable attorneys’ fees, made by anyone due to or arising from content you submit, post, transmit, or make available through this Site, your use of this Site, your connection to this Site, your violation of these Terms of Use, or your violation of any rights of another.
APPLICABLE LAW & GENERAL INFORMATION
This site is created and controlled by Ambrake in the Commonwealth of Kentucky, USA. As such, the laws of the Commonwealth of Kentucky shall apply to these Terms of Use without giving effect to any principles of conflicts of laws. You agree to submit to the personal jurisdiction of the state and federal courts located in the Commonwealth of Kentucky for any claim or dispute arising under these disclaimers, terms and conditions.
If any portion of these Terms of Use is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of these Terms of Use shall continue to be enforceable and valid according to terms contained herein. This shall be the entire agreement, superseding all prior agreements between you and Ambrake regarding this Site. The failure of Ambrake to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of said right or provision. The section titles in the Terms of Use are for your convenience only and carry no contractual or legal effect whatsoever. Finally, you must file any claim or suit against Ambrake arising from the use of this Site within one year from the date on which the claim arises.
AMBRAKE RESERVES THE RIGHT TO CHANGE OR AMEND THIS POLICY
Ambrake reserves the right to change, amend, or restate this policy. Therefore, you should revisit this page from time to time to determine the current policy. Any information collected under this current policy will remain bound by the terms of this privacy policy. After the changes take effect, all new information collected, if any, will be subject to the revised privacy policy.
QUESTIONS OR CONCERNS?
If you have questions or concerns about these Terms of Use, please contact us at:
SITE MANAGEMENT
If you have any questions regarding this site, please follow this link: Site Help
SPECIFICATIONS
This site is optimized for Microsoft Internet Explorer 5.0 or higher and Netscape 6.2 or higher. You can download the latest version of Netscape free here, and the latest version of Microsoft Internet Explorer here. To view PDF files on this site you will also need to download the Adobe Acrobat Reader, version 6.0.. To view our movie files, you will also need to download the QuickTime plugin.
Copyright 2005 AMBRAKE Corporation and AMBRAKE Manufacturing, LTD. All rights reserved.
