Internet Site Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE
This Web site is provided by Auburn Manufacturing, Inc., a Maine corporation (AMI), and may be used for informational purposes only. By using this Web site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Web site following the posting of changes to these terms will mean you accept those changes.LIMITED LICENSE
The content of this Web site, www.auburnmfg.com (the "Site"), including but not limited to the text and images displayed herein and their arrangement (collectively, the "Materials"), are copyrighted by AMI. The Materials on this Site may not be copied, modified, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of AMI, except you may download one copy of the Materials onto your computer for your personal, non-commercial use, provided you do not delete or change any copyright, trademark or other proprietary notices contained in the Materials. Modification or use of the Materials other than as permitted above violates AMI's intellectual property rights. No other permission is granted to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter or modify the Materials, hyperlink other websites to this Site, or to use AMI's trademarks, trade names or copyrighted materials for any reason.You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AMI does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
DISCLAIMER
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PRODUCT SPECIFICATIONS MAY NOT BE EXACTLY AS THEY APPEAR ON YOUR SCREEN. PRODUCTS PICTURED MAY NOT BE AVAILABLE FOR PURCHASE IN ALL GEOGRAPHIC AREAS. AMI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, THE AVAILABILITY OF THE PRODUCTS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. AMI MAY, BUT SHALL NOT BE REQUIRED TO, UPDATE THE MATERIALS AND/OR CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AMI MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THIRD-PARTY SITES
As a convenience to you, AMI may provide, on this Site, links to Web sites operated by other entities. Any reference made by the Web site to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by AMI. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of AMI. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. AMI makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that AMI sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AMI or any of its affiliates or subsidiaries.EXTERNAL LINKS TO THE SITE
All links to the Site must be approved in writing by AMI, except that AMI consents to links in which: (i) the link is a text-only link containing only the name "Auburn Manufacturing, Inc.” or “AMI"; (ii) the link "points" only to www.auburnmfg.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by AMI nor be such as to damage or dilute the goodwill associated with the name and trademarks of AMI or its Affiliates. AMI reserves the right to revoke this consent to link at any time in its sole discretion.INFORMATION PROVIDED BY YOU
Any personally identifiable information you may provide to AMI via this Site is protected by the Privacy Policy associated with this Site. AMI does not want you to, and you should not, send any confidential or proprietary information to AMI via the Site. You agree that any information or materials that you or individuals acting on your behalf provide to AMI will not be considered confidential or proprietary. Any information that AMI receives through its Website, other than your personally identifiable information covered by AMI's Privacy Policy, will be deemed to be NON-CONFIDENTIAL. By providing any such information or materials to AMI, you grant to AMI an unrestricted, irrevocable, worldwide, royalty-free license to use, modify, reproduce, display, publicly perform, transmit, distribute and create derivative works of such information and materials, and you further agree that AMI is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to AMI. You further recognize that AMI does not want you to, and you warrant that you shall not, provide any information or materials to AMI that is libelous, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.CHANGES
AMI reserves the right, in its sole discretion, to change, modify, add or remove any portion of these terms and conditions in whole or in part, at any time, without notice. Your continued use of the Site after any changes to these terms and conditions are posted will be considered acceptance of those changes.AMI may terminate, change, suspend or discontinue any aspect of the AMI Site, including the availability of any features of the Site, at any time. AMI may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. AMI may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials in your possession or under your control.
COPYRIGHT AND USAGE OF CONTENT
The copyrights and other rights to the materials on this Website, including but not limited to news articles, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the Web site (collectively, the "Content") are protected by copyright and owned, controlled or licensed by AMI, or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information or restrictions contained in any notice. Content accessed through the Web site are owned by AMI. You are authorized to view, download and reproduce the materials at this Website only for your internal information provided that you 1) retain all notices contained in the original materials 2) only use images with surrounding text relating to the images, and 3) include the following copyright notice:© Auburn Manufacturing, Inc. All rights reserved.
No further publication or commercial use may be made of the materials on this Website without the express written permission of AMI.
You may not make any part of this Website available as part of another web site whether by hyperlink framing on the internet or otherwise. This Website and its content may not be used to construct a database of any kind nor may the same be stored (in whole or part) in databases for access by you or any third party or to distribute any database containing all or part of the Website or its content.
You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials, in whole or in part. Except as expressly provided herein, nothing in this agreement shall be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of AMI or any third party.
OTHER INTELLECTUAL PROPERTY RIGHTS
Please note that any product, process or technology described in the materials on this Website may be the subject of other intellectual property rights reserved by AMI and are not licensed hereunder.The following are registered and unregistered trademarks owned by Auburn Manufacturing, Inc. and is not intended to be an exhaustive list of Auburn Manufacturing, Inc. trademarks: AMI, AMI-FAB, AMI-SIL, AMI-GLAS, AMI-FAB, AMI-FLEX, AMI-THERM, CARBO-GLAS, CARBO-FLEX, GOLDENGLAS, VEXTRA , AMI-GUARD, AMI-TUF, AMI-MATTM, the “AMI Logo”, and most other brand names in this Website are the worldwide trademarks or registered trademarks of AMI. Trademarks of other parties are identified wherever possible and AMI acknowledges their rights.
The AMI trademarks and logo may not be used in advertising or publicity pertaining to the distribution of any information in the Materials from this Site without the express written consent of AMI.
DISCLAIMER AND LIMITATION OF LIABILITY
THE INFORMATION CONTAINED IN THIS SITE IS PROVIDED TO YOU "AS IS," FOR YOUR INTERNAL INFORMATIONAL PURPOSES ONLY, WITHOUT ANY REPRESENTATION OR WARRANTY OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT WILL AMI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR RELIANCE UPON ANY INFORMATION OR MATERIAL ACCESSED VIA IT OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, EVEN IF AMI IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT ALLOWABLE BY LAW.ANYONE INTENDING TO USE THE PRODUCTS IDENTIFIED AND DESCRIBED ON THIS SITE OR THE INFORMATION OR SPECIFICATIONS PROVIDED ON THIS SITE CONCERNING SUCH PRODUCTS SHOULD BEFORE USING THE PRODUCTS BE SATISFIED THAT THE PRODUCTS ARE SUITABLE FOR THE INTENDED USE AND MEET ALL APPROPRIATE AND APPLICABLE SAFETY AND HEALTH STANDARDS. THE PRODUCTS IDENTIFIED AND DESCRIBED ON THIS SITE WILL PERFORM TO ANY EXPRESSLY INDICATED SPECIFICATIONS ONLY WHEN PROPERLY USED, AND THE USER, NOT AMI, IS RESPONSIBLE FOR THE PROPER USE OF THE PRODUCTS.
AMI RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AMI MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE.
INDEMNITY
You agree to indemnify and hold AMI, its parents, subsidiaries, affiliates, directors, officers and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, the use and/or misuse of the products identified and described on this Site, the violation of this Agreement by you, or the infringement by you of any intellectual property or other right of any person or entity.INTERNATIONAL USERS AND CHOICE OF LAW
This Site is controlled, operated and administered by AMI from its offices within the United States of America. AMI makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of Maine, without giving effect to its conflict of laws provisions. Any dispute arising out of or in connection with these terms and conditions or your use of the Site shall be adjudicated exclusively in the state or federal courts of the State of Maine, and you hereby consent to the personal jurisdiction and venue of such courts.These terms and conditions, together with the Privacy Policy, constitute the entire agreement between AMI and you with respect to your use of the Site. These terms and conditions may not be amended or waived without the prior written consent of AMI. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these terms and conditions, and the remainder of these terms and conditions shall continue in full force and effect.
CHANGES/TERMINATION
AMI 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 Site after any changes to this Agreement are posted will be considered acceptance of those changes.AMI may terminate, change, suspend or discontinue any aspect of the AMI Site, including the availability of any features of the Site, at any time. AMI may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. AMI may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
© 2007 Auburn Manufacturing, Inc. All rights reserved.


