Automation Specialists, Inc. is hereinafter referred
to as "Site Owner."
Email address of site owner:
Contact Form
Mailing address of Site Owner: 4237 E. Grant Road •
Tucson, Arizona 85712
Your use of our Internet site or any of the products
or services offered on it (collectively, the
"Services") is subject to these Terms of Use
("Terms"). We may modify these Terms at any time
without specific notice to you by posting revised
Terms on our site. Your use of our site constitutes
your binding acceptance of these Terms, including
any modifications that have been posted.
Some of the Services may be subject to additional
posted conditions. Your use of those Services is
subject to those conditions, which are incorporated
into these Terms by reference. In the event of an
inconsistency between these Terms and any additional
posted conditions, the provisions of the additional
conditions shall control.
We have the right to take any of the following
actions in our sole discretion at any time and for
any reason without giving you any prior notice:
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Restrict, suspend, or terminate your access
to all or any part of our Services; |
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Change, suspend, or discontinue all or any
part of our Services; |
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Refuse, move, or remove any material that
you submit to our site for any reason; |
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Refuse, move, or remove any content that is
available on our site; |
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Deactivate or delete your accounts and all
related information and files in your
account; |
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Establish general practices and limits
concerning use of our site. |
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You agree that we will not be liable to you
or any third party for taking any of these
actions. |
You understand and agree that our Services may
include communications such as service announcements
and administrative messages from us and that these
communications are considered part of the Services.
You will not be able
to opt out of receiving these
messages while visiting the site.
Our Site Content
Our site includes a combination of content that we
create, that our partners create, and that our users
create. All materials published on our site,
including, but not limited to, written content,
photographs, graphics, images, illustrations, marks,
logos, sound or video clips, and gif-file type
animations, Flash animations, are protected by our
copyrights or trademarks or those of our partners.
You may not modify, publish, transmit, participate
in the transfer or sale of, reproduce, create
derivative works of, distribute, publicly perform,
publicly display, or in any way exploit any of the
materials or content on our site in whole or in
part. If you would like to request permission to use
any of the content on our site, please review our
copyright notice and/or contact us via our posted
email contact address.
You are solely responsible for all materials,
whether publicly posted or privately transmitted,
that you upload, post, e-mail, transmit, or
otherwise make available on our site ("Your
Content"). You certify that you own all intellectual
property rights in Your Content. You hereby grant
us, our affiliates, and our partners a worldwide,
irrevocable, royalty-free, nonexclusive,
sub-licensable license to use, reproduce, create
derivative works of, distribute, publicly perform,
publicly display, transfer, transmit, distribute,
and publish Your Content and subsequent versions of
Your Content for the purposes of (i) displaying Your
Content on our site, (ii) distributing Your Content,
either electronically or via other media, to users
seeking to download or otherwise acquire it, and/or
(iii) storing Your Content in a remote database
accessible by end users, for a charge. This license
shall apply to the distribution and the storage of
Your Content in any form, medium, or technology now
known or later developed.
Our site contains content that we create as well as
content provided by third parties. This content
includes, among other things, product reviews. It
also includes information about products and
services offered by third parties such as product
descriptions, specifications, pricing, availability,
and performance. We do not guarantee the accuracy,
the integrity, or the quality of the content on our
site, and you may not rely on any of this content.
Without limitation, we are not responsible for
postings by users in the user opinion, message
board, or feedback sections of our site.
You may be exposed to content that you find
offensive, indecent, or objectionable or that is
inaccurate, and you bear all risks associated with
using or viewing that content. We have the right,
but not the obligation, to remove any content that
may, in our sole discretion, violate these Terms or
that is otherwise objectionable.
Third-Party Site, Products, and Services
Our site may contain links to other Internet sites
owned by third parties. Your use of each of those
sites is subject to the conditions, if any, that
each of those sites has posted. We have no control
over sites that are not ours, and we are not
responsible for any changes to or content on them.
Our inclusion on our site of any third-party content
or a link to a third-party site is not an
endorsement of that content or third-party site or
any content or links on that site.
We do not sell, resell, or license any of the
products or the services that we review, list, or
advertise on our site, and we disclaim any
responsibility for or liability related to them.
Your correspondence or related activities with third
parties, including payment transactions and
goods-delivery transactions, are solely between you
and that third party. You agree that we will not be
responsible or liable for any loss or damage of any
sort incurred as the result of any of your
transactions with third parties. Any questions,
complaints, or claims related to any product or
service should be directed to the appropriate site
owner.
While Visiting Our Website
If we request registration information from you, you
will provide us with true, accurate, current, and
complete information.
You will promptly update your
registration to keep it accurate, current, and
complete. If we issue you a password, you may not
reveal it to anyone else. You may not use anyone
else's password. You are responsible for maintaining
the confidentiality of your accounts and passwords.
You agree to immediately notify us of any
unauthorized use of your passwords or accounts or
any other breach of security. You also agree to exit
from your accounts at the end of each session. We
will not be responsible for any loss or damage that
may result if you fail to comply with these
requirements.
The technology and the software underlying our site
and the Services is the property of ourselves, our
affiliates, and our partners. You agree not to copy,
modify, rent, lease, loan, sell, assign, distribute,
reverse engineer, grant a security interest in, or
otherwise transfer any right to the technology or
software underlying our site or the Services. You
agree not to modify the software underlying our site
in any manner or form or to use modified versions of
such software, including for the purpose of
obtaining unauthorized access to our site.
Without limiting the foregoing, you agree that you
will not use our site to take any of the following
actions:
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Defame, abuse, harass, stalk, threaten, or
otherwise violate the legal right of others; |
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Publish, post, upload, e-mail, distribute,
or disseminate (collectively, "Transmit")
any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful
content;Transmit files that contain viruses,
corrupted files, or any other similar
software or programs that may damage or
adversely affect the operation of another
person's computer, our site, any software or
hardware, or telecommunications equipment; |
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Advertise or offer to sell any goods or
services for any commercial purpose unless
you have our consent to do so; |
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Transmit surveys, contests, pyramid schemes,
spam, unsolicited advertising or promotional
materials, or chain letters; |
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Download any file that you know or
reasonably should know cannot be legally
obtained in such manner; |
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Falsify or delete any author attributions,
legal or other proper notices, or
proprietary designations or labels of the
origin or the source of software or other
material; |
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Restrict or inhibit any other user from
using and enjoying any public area within
our site; |
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Collect or store personal information about
end users; |
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Interfere with or disrupt our site, servers,
or networks; |
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Impersonate any person or entity, including,
but not limited to, a Site Owner
representative, or falsely state or
otherwise misrepresent your affiliation with
a person or entity; |
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Forge headers or manipulate identifiers or
other data in order to disguise the origin
of any content transmitted through our site
or to manipulate your presence on our site; |
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Take any action that imposes an unreasonably
or disproportionately large load on our
infrastructure; |
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Engage in any illegal activities. |
You agree to use our bulletin board services, chat
areas, news groups, forums, communities and/or
message or communication facilities (collectively,
the "Forums") only to send and receive messages and
material that are proper and related to that
particular Forum.
If you choose a username that, in our sole
discretion, is obscene, indecent, abusive or that
might otherwise subject us to public disparagement
or scorn, we reserve the right, without prior notice
to you, to automatically change your username,
delete your posts from our site, deny you access to
our site, or any combination of these options.
Unauthorized access to our site is a breach of these
Terms and a violation of the law. You agree not to
access our site by any means other than through the
interface that is provided by Site Owner for use in
accessing our site. You agree not to
use any
automated means, including, without limitation,
agents, robots, scripts, or spiders, to access,
monitor, or copy
any part of our site, except those
automated means that we have approved in advance and
in writing.
Use of our site is subject to existing laws and
legal process. Nothing contained in these Terms
shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements
relating to your use of our site.
Indemnification
You hereby agree to indemnify, defend and hold Site
Owner and all of our officers, directors, owners,
employees, agents, information providers,
affiliates, partners, and licensors (collectively,
the " Site Owner Parties") harmless from and against
any and all liability, losses, costs, and expenses
(including attorneys' fees) incurred by any Site
Owner Parties in connection with any claim,
including, but not limited to, claims for
defamation, violation of rights of publicity and/or
privacy, copyright infringement, or trademark
infringement arising out of:
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Your use of our site; |
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Any use or alleged use of your accounts or your
passwords by any person, whether or not authorized
by you; |
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The content, the quality, or the performance of
content that you submit to our site; |
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Your connection to our site; |
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Your violation of these Terms; or |
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Your violation of the rights of any other person or
entity. |
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We reserve the right, at our own expense, to assume
the exclusive defense and control of any matter for
which you are required to indemnify us, and you
agree to cooperate with our defense of these claims. |
Disclaimers
We disclaim any responsibility for the deletion, the
failure to store, the mis-delivery, or the untimely
delivery of any information or material. We disclaim
any responsibility for any harm resulting from
downloading or accessing any information or material
on the Internet using search results from our site.
We disclaim any responsibility for, and if you
subscribe to one of our fee-based services you will
not be entitled to a refund as a result of, any
service outages that are caused by our maintenance
on the servers or the technology that underlies our
site, failures of our service providers (including
telecommunications, hosting, and power providers),
computer viruses, natural disasters or other
destruction or damage of our facilities, acts of
nature, war, civil disturbance, or any other cause
beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE
UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT
MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR
SITE AND ITS CONTENTS ARE DISTRIBUTED ON AN "AS IS,
AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD
OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR
OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR
ANY OF OUR ADVERTISERS OR OTHER PARTNERS MAKES ANY
WARRANTY THAT (i) OUR SITE WILL MEET YOUR
REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL
BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE
CORRECTED. NEITHER WE NOR ANY OF OUR ADVERTISERS OR
PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR
SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU
EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK
AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE
AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER WE NOR OUR ADVERTISERS OR PARTNERS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES,
OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Arbitration
Site Owner may elect to resolve any controversy or
claim arising out of or relating to these Terms or
our site 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. The
arbitration shall be conducted in Tucson, Arizona,
and judgment on the arbitration award may be entered
in any court having jurisdiction thereof. Either you
or we may seek any interim or preliminary relief
from a court of competent jurisdiction in Tucson,
Arizona, necessary to protect the rights or the
property of you or Site Owner (or its agents,
suppliers, and subcontractors), pending the
completion of arbitration.
Miscellaneous
We may be required by state or federal law to notify
you of certain events. You hereby acknowledge and
consent that such notices will be effective upon our
posting them on our site or delivering them to you
through e-mail. You may update your e-mail address
by visiting the Services where you have provided
contact information. If you do not provide us with
accurate information, we cannot be held liable if we
fail to notify you. You have the right to request
that we provide such notices to you in paper format,
and may do so by contacting the Webmaster; see the
site map for the addresses.
Our failure to exercise or enforce any right or
provision of these Terms shall not constitute a
waiver of such right or provision.
You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising
out of or related to use of our site or these Terms
must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and
policies that are incorporated into these terms by
reference, constitute the entire agreement between
you and Site Owner and govern your use of our site,
superseding any prior agreements that you may have
with us.
These Terms shall be construed in accordance with
the laws of the State of Arizona, and the parties
irrevocably consent to bring any action to enforce
these Terms before an arbitration panel or before a
court of competent jurisdiction in Tucson, Arizona
if seeking interim or preliminary relief or
enforcement of an arbitration award.
If any part of these Terms is determined to be
invalid or unenforceable pursuant to applicable law,
then the invalid or unenforceable provision will be
deemed superseded by a valid, enforceable
provision that most closely matches the intent of
the original provision, and the remainder of the
Terms shall continue in effect.
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