Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions ("Terms") govern your access to and use of this Amerisonic Web site ("Site"). Some content accessible through this site is subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these Terms, those additional terms and conditions will prevail. If you do not agree with these terms, do not use this site. Your use of this site indicates your acceptance of these terms.

General

Amerisonic does not warrant that the contents of this Site are error-free. Information on this Site may contain technical inaccuracies or typographical or other types of errors and may be changed or updated at any time without notice. Amerisonic may also make improvements or changes in the products or programs described on this Site at any time without notice. Amerisonic will use reasonable efforts to place accurate and up-to-date information on this Site but makes no warranty of its accuracy, completeness or timeliness. You acknowledge that your use of any information available through this site is at your own risk.

Limited License

Subject to the terms and conditions set forth in this Agreement, Amerisonic grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way.

The copyright in all material provided on this Site is held by Amerisonic or by the original creator of the material. Except as stated in this paragraph, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Amerisonic or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Amerisonic's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Warranty Disclaimer

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, AMERISONIC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. AMERISONIC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.

Limitation of Liability

IN NO EVENT WILL AMERISONIC BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Third Party Sites

There are links on this Site that will permit you to travel to other, third-party sites over which Amerisonic has no control. These links are provided for your convenience only and your use of them is at your own risk. Amerisonic makes no representations whatsoever about the content of any of these other web sites, or about any of the links contained in the Web sites that you may access through this Site. Amerisonic does not endorse or accept any responsibility for the content, or use, of any such linked web sites.

Pricing

Except where noted otherwise, the list price displayed for products on this Site represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

We cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Downloadable Software

There are inherent dangers in the use of any software available for downloading on the Internet, and Amerisonic cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.

Jurisdiction and Governing Law

This Site is maintained, controlled, operated and administered by Amerisonic from within the United States of America (U.S.). Amerisonic makes no representation that materials at this site are appropriate for use at locations outside of the U.S. and access to this Site from countries where its content or operation is illegal is prohibited. You may not use this Site or export information or products available on this site in violation of U.S. export laws and regulations. If you access this Site from a location outside of the U.S., you are responsible for compliance with all local laws. The use of this site, its content and these Terms is governed by the laws of the State of Maryland, without regard to its conflict of laws provisions. Any legal proceeding arising out of the use of this Site, its content or these Terms must be brought in Clarksville, Maryland and must be brought within one year after the claim or cause of action arises or it is barred. By using this site, you irrevocably submit to the jurisdiction of the State and Federal courts located in Clarksville, Maryland. If for any reason a court of competent jurisdiction finds any provision of these Terms to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of these Terms, and the remainder of these Terms will continue in full force and effect.

Confidential Information

You may be given access to Amerisonic confidential information through this site or links from this site. You may not disclose Amerisonic confidential information to any third party without the written consent of Amerisonic. You must protect Amerisonic confidential information with at least the same degree of care that is accorded to your confidential information, but in no event less than reasonable care. Amerisonic confidential information includes, but is not limited to - all non-public information regarding Amerisonic, its intellectual property or its products, quantity and prices of products purchased, design and development data, engineering details, drawings, sales and marketing plans, unannounced products, any information marked as "confidential" or "proprietary" or similarly marked, or any information that, if disclosed, might be competitively detrimental to Amerisonic. You may enter into separate non-disclosure agreements with Amerisonic governing specific disclosures. To the extent the terms governing a specific disclosure are more restrictive than the terms in this paragraph, the more restrictive terms will control for the specific disclosure.

Password and User Name

Access to some content accessible from this Site is password controlled. By registering for an account, a password and the right to use this site, you are certifying that you are an authorized representative of your company with the right to bind your company to these Terms (and any additional terms necessary for access to password controlled content) and that all information provided in the registration process is accurate and correct. You further certify that any purchase orders placed by you are with the full authority to bind your company and any information provided by you in using any of the services accessible through this site is true and accurate. Your user name and password are unique to you or your company. You are solely responsible for maintaining the confidentiality of your user name, password and access to your account. You are solely responsible for all activities that occur under your user name and password. You agree to notify Amerisonic immediately of any unauthorized use of your user name, password or account or any other breach of security. Amerisonic will not be liable for any loss that you may incur as a result of someone else using your user name, password or account, either with or without your knowledge. But you may be held liable for losses incurred by Amerisonic as a result of the misuse of your user name, password or account.

Submission of Information or Material

Except for the details of your product orders, and confidential or proprietary information or materials covered by an existing non-disclosure agreement - you agree that any information or materials that you submit to Amerisonic via this Site or any email links provided on this site will not be considered confidential or proprietary. By submitting information or materials to Amerisonic via this Site or email links provided in such information or materials, you represent that you have the authority to grant and in fact do grant to Amerisonic an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials world-wide, in whole or in part, and you further agree that Amerisonic is free to use any ideas, concepts or know-how that you submit for any purpose.

Electronic Communications

Amerisonic may from time to time send you email. You acknowledge that such emails are sent with your consent and permission.

Entire Agreement

These Terms represent the entire agreement relating to the use of the Site. Amerisonic's failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. Amerisonic may revise these Terms at any time by updating this posting. Your continued use of this Site after the posting of any changes to these Terms constitutes your acceptance of those changes. To view the most current version of these Terms at any time, click on the "Terms and Conditions" hypertext link available on this Site.

If you have any questions or feedback concerning the use of this Web site, please contact policy@amerisonic.com.