Analytical Spectral Devices, Inc., dba ASD Inc., (ASD) Web site Terms and Conditions of Use and Legal Restrictions
USING THIS WEB SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS (Terms). DO NOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS.
Use of ASD web site ASD authorizes you to view and download the materials on this web site (Site) for your personal, non-commercial, or academic use only, provided all copyright and other proprietary notices contained in the original materials are retained on any copies. Absolutely no modifications may be made to the materials on this Site. Materials on this Site may not be reproduced, displayed, or distributed for any public or commercial purpose, in any format, printed, electronically, or otherwise, except for inclusion in proposals and other documents necessary for purchasing ASD products from ASD, or academic presentations where copyright and proprietary notices are retained. All materials on this Site are copyrighted and protected by U.S. Copyright Laws. Any unauthorized use of materials included on this Site may violate copyright, trademark, or other laws. Portions of material from this Site may be downloaded and printed solely for your own non-commercial use. By downloading and/or printing materials from this Site, you agree to not change or delete any proprietary notices from the materials. If any of these terms are breached, authorization to use this Site is automatically terminated and all downloaded and/or printed materials must immediately be destroyed.
Modification of Terms ASD may modify these terms and conditions at any time, and modifications shall be effective immediately upon posting on this Site. Users agree to review these Terms periodically to be aware of such modifications. Continued access or use of this Site shall be deemed your conclusive acceptance of the modified Terms.
Trademarks FieldSpec®, LabSpec®, QualitySpec®, TerraSpec®, AgriSpec®, RxSpec®, ViewSpec™, RS3™, Indico™, goLab™, and HandHeld 2™ are registered, and unregistered trademarks, and the intellectual property of Analytical Spectral Devices, Inc. (dba ASD Inc.). All trademarks used or displayed on this Site are the property of ASD, its affiliates, or third-party owners. Unauthorized use of these trademarks is illegal and punishable by law. Nothing contained on this Site is to be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any such trademark without the prior and express written permission of ASD, or such third-party owner.
Use of Software Use of any Software (Software) downloaded from this site is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement.
User Submissions Other than personally identifiable information covered under the ASD Privacy Statement, any material, information or other communication you transmit or post to this Site ("Communication") is, and will be treated as, non-confidential and non-proprietary , and may be used by ASD and its affiliates for any purpose, without compensation to you.
Links to Other Web Sites Links to third-party Web sites on this Site are provided solely as a convenience to you. ASD only links to external sites and pages deemed relevant to ASD business, but ASD has not necessarily reviewed all of these third-party sites in their entirety. ASD does not maintain, or otherwise control these sites, and is not responsible for any of these sites or their content. Therefore, ASD does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results obtained from using them. Access to any of the third-party sites linked to this Site, are entirely at your own risk.
ASD cannot, and does not, guarantee or warrant that files available for downloading through the Site are, or will be, free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each user is responsible for implementing sufficient procedures and checkpoints to satisfy requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
Disclaimer YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE. THE MATERIALS PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through this Site. ASD further does not warrant the accuracy, currency, and completeness of the materials on this Site and may make changes to materials on this Site, or to the products and prices described in them, at any time without notice. While attempts are made to keep material on this Site as current as possible, ASD makes no guarantee that all materials on this Site are current and correct. Information published on this Site may refer to products, programs, or services not available in your country. SUCH REFERENCES DO NOT IMPLY THAT ASD INTENDS TO MAKE THEM AVAILABLE IN YOUR COUNTRY. Consult your local ASD business contact for information regarding the products, programs and services available to you. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. All orders are subject to acceptance by ASD and ASD's obligations and responsibilities regarding its products are governed solely by the agreements under which they are sold and licensed.
Limitation of Liability IN NO EVENT WILL ASD, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES WHATSOEVER (INCLUDING, AND WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, OR RELIANCE ON THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnification You agree to indemnify, defend and hold harmless ASD, its officers, directors, employees, agents, affiliates, licensors, suppliers and any third-party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.
Miscellaneous These Terms shall all be governed and construed in accordance with the laws of the State of Colorado applicable to agreements made, and to be performed, in the State of Colorado. You agree that any legal action or proceeding between ASD and you for any purpose concerning these Terms, or the parties' obligations hereunder, shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Colorado. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, or such claim or cause of action is barred. ASD's failure to insist upon, or enforce strict performance of, any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties, nor trade practice, shall act to modify any provision of these Terms. ASD may assign its rights and duties under these Terms to any party, at any time, without notice to you.