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Terms and Conditions

Infastech®

Attention: Please Read These Terms and Legal Restrictions Carefully Before Using This Website (“the Site”).

The Site is owned and provided by Infastech® and its subsidiaries and affiliated companies (collectively "Infastech®") for your personal informational and non-commercial purposes only. Accessing and using the Site or downloading materials from the Site indicates your agreement to abide by these terms and conditions.
Subject to these terms and conditions and all applicable local laws and regulations, Infastech® grants you a non-exclusive, non-transferable, personal, limited right to access, use and display the Site and attendant materials. This authorization is not a transfer of title to the Site or the materials contained herein, and is subject to the following restrictions: (1) you must retain, on all copies of the Site and materials, all copyright, trademark and other proprietary notices; and (2) you may not attempt to interrupt operation of the Site or modify the Site or materials in any way or reproduce or publicly display, perform or distribute or otherwise use the Site and materials for any public or commercial purpose, except as otherwise specifically permitted in these terms and conditions. 

You agree to all additional restrictions displayed on the Site as it may be updated from time to time. You agree to use the Site for lawful purposes only, and shall not post or transmit any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, invasive of privacy or publicity, obscene, harassing or otherwise objectionable. The Site, including all information and materials contained in it, is copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of the Site and to prevent any copying, reproduction, modification, distribution or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, Infastech® does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

Links to Third-Party Sites

Infastech® may provide on the Site, solely as a convenience to its users, links to websites operated by other entities. If you use these websites, you will leave the Site. If you decide to visit any linked website, 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. Infastech® makes no warranty or representation regarding, and does not endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Infastech® is affiliated or associated with the linked website, 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 website is affiliated or associated with Infastech® or is authorized to use any trademark, trade name, logo or copyright symbol of Infastech® or any of its affiliates or subsidiaries.

Third Party Content

Any information, statements, opinions, services or other information provided by third parties and made available on the Site are those of the respective author(s) and not Infastech®.

Unsolicited Information Provided by You

Infastech® does not want you to, and you should not, send any confidential or proprietary information to Infastech® through the Site unless specifically requested by Infastech®. Please note that any unsolicited information or material sent to Infastech® will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you grant to Infastech® (or warrant that the owner of such information and material has expressly granted to Infastech®) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Infastech® is free to use any ideas, concepts, know-how or techniques that you send Infastech® for any purpose.  Infastech® does not want to receive, and you are deemed to agree through the use of the Site not to provide, any information or materials to Infastech™ that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.

Limitation of Liability

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.  Under no circumstances will Infastech®, its suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the Site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred; lost profits; lost data or programs; and business interruption) arising out of your access to, use, inability to use or the results of use of the Site, any websites linked to the Site, or any materials contained at any or all such websites (including but limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not Infastech® was advised of the possibility of such damages.
Infastech® shall have no liability or responsibility for any acts, omissions or conduct of any user or other third party.
Infastech®'s obligations and responsibilities regarding its products and services are governed solely by Infastech®'s terms and conditions of sale or license under which such products and services are sold or licensed. Copies of such terms and conditions are available from the applicable Infastech® entity.

Disclaimer

The Site, materials, related communications and software made available on the Site are provided "as is" without any representations or warranties, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for particular purpose. Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances. Infastech® also does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice, statement or other information displayed or distributed through the site. You acknowledge by the use of the Site that any reliance on any such materials, advice, statement or information shall be at your sole risk.
Infastech® assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any bulletin board and chat room) or your downloading of any materials from the Site. The materials may contain inaccuracies and typographical errors. Infastech® reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site. Infastech® 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.

LEGAL NOTICE FOR NEW JERSEY RESIDENTS

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. Therefore, the following provisions of these terms and conditions shall not be applicable to New Jersey residents: (1) in the Disclaimer Section, the provision concerning limiting Infastech®’s liability for any loss or damage is not applicable to New Jersey residents to the extent Infastech® was negligent or has breached its obligation to you; (2) in the Limitations of Liability Section, (a) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property and (b) the provision concerning limiting Infastech®’s liability for any loss or damage is not applicable to New Jersey residents to the extent Infastech® was negligent or has breached its obligation to you; (3) in the Governing Law Section, the provisions which limit the time within which claims against Infastech® must be brought; and (4) in the Disputes Section, (a) the provisions which limit the time within which claims against Infastech® must be brought, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.

Governing Law

These terms and conditions of use shall be governed by the laws of the State of Delaware, without giving effect to its conflict of laws provisions. If any provision of these terms and conditions are deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions; provided, however, that the foregoing severability clause does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section. These terms and conditions constitute the entire agreement between Infastech® and you with respect to your use of the Site. 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.

Disputes

Any dispute between you and Infastech® concerning the Site or the materials located on the Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that Infastech® may commence action against you in a court of law for infringement of Infastech® intellectual property rights. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall be held and the award shall be deemed to be made in the City of Dover, Delaware, United States of America. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these terms and conditions or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

International Users and Choice of Law

The Site is administered by Infastech® from its offices within the United States of America. Infastech® makes no representation that all products, services or programs are available in your country or that materials published at the Site are appropriate or available for use at other locations outside of the United States. Access to such materials from territories where their contents are illegal is prohibited. You may not use the Site or export any information or materials in violation of U. S. export laws and regulations. If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws.

Changes

All content contained herein is subject to change without notice. Infastech® reserves the right to change or modify the terms and conditions applicable to the use of the Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms and conditions from time to time. Infastech® may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. Infastech® may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.

Forward-Looking Information

Certain statements made in the Site which are not based on historical facts may be deemed to be forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Because these forward-looking statements involve known and unknown risks and uncertainties, there are important factors that could cause actual results, events or developments to differ materially from those expressed or implied by these forward-looking statements, including the following: (a) the extent which Infastech® is able to successfully integrate acquisitions, (b) changes in worldwide economic and political conditions and associated impact on interest and foreign exchange rates, (c) the occurrence of work stoppages and strikes at Infastech®'s key facilities or Infastech®'s customers or suppliers, (d) the extent to which Infastech® is able to successfully develop, introduce, and launch new products and enter new markets, and (e) the level of government funding for Infastech®’s products, and (f) successful implementation of e-procurement strategies. For Infastech®'s aerospace business, (a) the timing of certifications of new aircraft utilizing Infastech® products and (b) the occurrence of a severe economic downturn that discourages businesses from purchasing aircraft utilizing Infastech®'s products. For Infastech®'s automotive industry business (a) the level of consumer demand for the vehicle models for which Infastech® supplies parts to automotive original equipment manufacturers ("OEM's") and their Tier suppliers, and (b) the ability to offset, through cost reductions, pricing pressure brought by automotive OEM customers.

Last updated: September 2016