This site is hosted by Yahoo! Store. Yahoo! hosts the store pages, ordering
system, and order data. Yahoo! automatically collects order information but
may only use this information in the aggregate. If you accessed this store
through Yahoo! Shopping, Yahoo! also automatically collects information
about your shopping experience. Please see the
Yahoo! Privacy Policy for more
information about how Yahoo! uses this information.
PRIVACY/SECURITY OF DATA AGTI knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting AGTI, you are accepting the practices described in this Privacy Notice.
The Information We Collect: This notice applies to all information collected or submitted on the AGTI website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: Name, Company, Address, Phone Number, Email Address, Credit Card Information
The Way We Use Information: We use the information you provide about yourself or someone else when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Third-Party Advertisers and Links to Other Websites: Our site includes third-party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.
Protection of AGTI and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce other agreements; or protect the rights, property, or safety of AGTI, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
How You Can Correct Your Information: You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error at agi@abbiegregg.com. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How to Contact Us: Should you have other questions or concerns about these privacy policies, please call us at (480) 446-8000 or send us an email at agi@abbiegregg.com. AGTI may occasionally update, amend, or change this Privacy Policy based on user feedback and as needed or appropriate. If we decide to materially change our Privacy Policy, we will post those changes to this privacy statement.
ORDERS/PRICING/PAYMENT AGTI and this website/storefront use Paypal for financial transactions. We pledge to constructively work with you our customers and clients, and Paypal, to resolve all issues. For concerns related to Pay Pal’s business practices and privacy policies, you may wish to view them directly at http://www.paypal.com, and follow the appropriate links.
Customer Orders:
a) Orders will be governed by these Terms and are subject to acceptance by AGTI. Orders must specify a "ship to" address and have a delivery date within ninety (90) days from the order date unless otherwise stated.
b) Extended Delivery Dates. Changes to orders that extend delivery dates beyond ninety (90) days from the order date shall be considered new orders at the prices in effect when AGTI receives the changed order.
c) Customer Default. AGTI may discontinue performance if Customer fails to pay any sum due, or if after ten (10) days written notice Customer has not cured any other failure to perform under these Terms.
Are Children Allowed to Use AGTI? If you are under 18, you may use AGTI only with the involvement of a parent or guardian.
REFUND, RETURNS AND CANCELLATION POLICIES
Items that are Not Returnable: AGTI does not accept returns.
All sales are final and not returnable. No refunds will be given except partial refund may be issued for new, unopened equipment, at the discretion of AGTI. AGTI does not accept returns from sellers other than AGTI. How will my refund be issued: Via Paypal.
SHIPPING AGTI and this website/storefront use UPS for all shipping of real (physical) goods. AGTI pledges to implement UPS guidelines and policies when packaging and packing your orders. We pledge to constructively work with you our customers and clients, and UPS, to resolve all issues. For concerns related to UPS’s business practices and privacy policies, you may wish to view them directly at http://www.ups.com, and follow the appropriate links.
Delivery:
a) Delivery. AGTI will deliver Products by arranging shipping to the receiving area at the "ship to" address specified in Customer's order. AGTI may elect in its sole discretion to deliver Software, Deliverables, Specifications, or Product documentation by enabling electronic transmission to, or electronic access or download by Customer.
b) Delivery Requirements. If AGTI is unable to meet Customer's product delivery requirements, Customer may cancel that order, and such cancellation is Customer's sole remedy.
UPDATES Notices/Modification and Termination of Services/Amendment of Terms: AGTI may provide notice to you via email, regular mail, or posting notices or links to notices on the Web site. AGTI reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. AGTI may also delete, or bar access to or use of, all related information and files. AGTI will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. AGTI may amend these Terms at any time by posting the amended terms on this Web site.
INTELLECTUAL PROPERTY RIGHTS Except as expressly authorized by AGTI or by Content providers, You agree not to reproduce, modify, rent, lease, loan, license, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software AGTI discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. Your use of AGTI’s software and other intellectual property are subject to further terms and conditions that may be stated in the license agreement for the particular software, or in connection with a purchase agreement entered into between you and AGTI. The terms and conditions set forth herein with respect to Intellectual Property Rights are in addition to, and not to the exclusion of, the terms and conditions provided in specific license or purchase agreements. To the extent that the terms and conditions may vary, the terms and conditions set forth in the specific licensing or purchase agreement shall supersede the terms and conditions set forth herein. "AGTI Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations AGTI uses in connection with its products and services. You may not remove or alter any AGTI Trademarks, or co-brand your own products or material with AGTI Trademarks, without AGTI's prior written consent. You acknowledge AGTI's rights in AGTI Trademarks and agree that any use of AGTI Trademarks by you shall inure to AGTI's sole benefit. You agree not to incorporate any AGTI Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by AGTI on this Web site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this policy. Upon termination, you must immediately destroy any downloaded and/or printed Content.
SOFTWARE LICENSES
All AGTI software packages include software, documentation, a single-user, single site license, and scheduled upgrades for a period of one (1) year. Multiple user licenses, hands-on training, and consulting services can be priced upon request.
AGI will train one or two client users about use of the modeling software during a one (1) hour conference call following purchase of software. Contact sales@abbiegregg.com to schedule training session. Software Conditions: Jupiter©, FabTech©, eValuate© and Carme© Software shall remain property of AGTI, and shall not be resold, copied, or reproduced by Customer without further written agreement between AGTI and Customer. AGI, “Abbie Gregg, Inc.” may not be removed from Jupiter©, FabTech©, eValuate© and Carme© written reports, cut sheets or screen captures. Upgrades will be provided by e-mail or CD Rom.
EXPORT RULES
Export and Import: By accepting this agreement you confirm that you are not located in (or a national resident of) any country under U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, software, technology, or services may not be exported, re-exported, transferred or downloaded to any such entity."
DISCLAIMER/LIABILITY LIMITS
Disclaimer: Although AGTI Software is offered in good faith, the databases are believed to be correct, and the software has been tested and is believed to function properly, neither AGTI, nor any of the owners of AGTI Software copyrighted data, nor anyone else involved in the preparation, reproduction, promotion, or distribution of AGTI Software makes any representation or warranty as to completeness or accuracy. The information and software are furnished to the User on the basis that the User must use them in a responsible manner and will make reasonable determination as to their suitability for a particular purpose prior to their use. In no event will AGTI or anyone involved in the preparation, reproduction, promotion, or distribution of AGTI Software be responsible for damages of any kind resulting from the use of AGTI Software or reliance upon the output of AGTI Software. Nothing contained in this Agreement should be construed as a recommendation to use any material, product, invention, system, process, application, or method of installation, and neither AGTI nor anyone involved in the preparation, reproduction, promotion, or distribution of AGTI Software make any such representation or warranty express or implied. The materials (including all software) and services at this site are provided "as is" without warranties of any kind. The user hereby acknowledges that software and data are both inherently subject to error and that neither AGTI nor anyone else involved in the preparation, reproduction, promotion, or distribution of AGTI software has made any representation or warranty, express or implied, of merchantability or fitness for a particular purpose with respect to information in AGTI software or method of delivery of such information. In addition to and notwithstanding the above, in no event shall AGTI or anyone else who has participated in the preparation, reproduction, promotion, or distribution of AGTI Software be liable for any consequential or special damages, or for any loss of profits incurred by the User or any third party in connection with or arising out of the use of AGTI Software.
AGTI's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. AGTI may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and AGTI makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local AGTI business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. Limitation of Liability: Except for claims by a party for infringement of their intellectual property rights against the other party, in no event will AGTI, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, 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 this site, any websites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not AGTI has been advised of the possibility of such damages. If your use of the materials, information or services 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 these limitations or exclusions may not apply to you.
AGTI's total aggregate liability is limited to the amount paid by Customer for the Product.
Legal Theory: To the extent allowed by local law, these limitations will apply regardless of the basis of liability, including negligence, misrepresentation, breach of any kind, or any other claims in contract, tort or otherwise.
Applicable Law: By visiting AGTI, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AGTI or its affiliates.
Disputes: Any dispute relating in any way to your visit to abbiegregg.com or to products you purchase through AGTI shall be submitted to confidential arbitration in Arizona, except that, to the extent you have in any manner violated or threatened to violate AGTI's intellectual property rights, AGTI may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Indemnity: You agree to indemnify and hold AGTI and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, tour use of or connection to the Web site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another, including without limitation, rights such as those arising under copyright, trademark, patent, or other intellectual property rights.
Content provided via links: You may find links to other Internet sites or resources on the Web site. You acknowledge and agree that AGTI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. AGTI will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Warranties: AGTI makes no warranty or representation that: (a) the web site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the web site will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the web site will meet your expectations or requirements; or (d) any errors in the web site will be corrected.
Although we make every effort to protect our content and our web site you assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the web site, including any damages resulting from computer viruses.
TERMS OF USE
Acceptance of Contract Terms: The following are terms of a legal agreement between you and AGTI. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by AGTI from its offices within the United States. AGTI makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Arizona. If you are using the software on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on Your employer's behalf, and that your employer agrees to indemnify you and AGTI for violations of these Terms.
Your Obligations and Conduct: You agree that You will not use the Web site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be AGTI or someone else, or spoof AGTI's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Web site; or (f) engage in any activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm.
Delivery of Email: AGTI will attempt to deliver all of the e-mail that is addressed to your e-mail address on AGTI's servers. However, the nature of e-mail is such that AGTI cannot guarantee delivery of such e-mail, and specifically disclaims any and all liability for the failure of an e-mail or other electronic communication to be delivered to you.
PRIVACY/SECURITY OF DATA AGTI knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy. By visiting AGTI, you are accepting the practices described in this Privacy Notice.
The Information We Collect: This notice applies to all information collected or submitted on the AGTI website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are: Name, Company, Address, Phone Number, Email Address, Credit Card Information
The Way We Use Information: We use the information you provide about yourself or someone else when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order. We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties. We never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment to Data Security: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Third-Party Advertisers and Links to Other Websites: Our site includes third-party advertising and links to other websites. We do not provide any personally identifiable customer information to these advertisers or third-party websites.
Protection of AGTI and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce other agreements; or protect the rights, property, or safety of AGTI, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
How You Can Correct Your Information: You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error at agi@abbiegregg.com. To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How to Contact Us: Should you have other questions or concerns about these privacy policies, please call us at (480) 446-8000 or send us an email at agi@abbiegregg.com. AGTI may occasionally update, amend, or change this Privacy Policy based on user feedback and as needed or appropriate. If we decide to materially change our Privacy Policy, we will post those changes to this privacy statement.
ORDERS/PRICING/PAYMENT AGTI and this website/storefront use Paypal for financial transactions. We pledge to constructively work with you our customers and clients, and Paypal, to resolve all issues. For concerns related to Pay Pal’s business practices and privacy policies, you may wish to view them directly at http://www.paypal.com, and follow the appropriate links.
Customer Orders:
a) Orders will be governed by these Terms and are subject to acceptance by AGTI. Orders must specify a "ship to" address and have a delivery date within ninety (90) days from the order date unless otherwise stated.
b) Extended Delivery Dates. Changes to orders that extend delivery dates beyond ninety (90) days from the order date shall be considered new orders at the prices in effect when AGTI receives the changed order.
c) Customer Default. AGTI may discontinue performance if Customer fails to pay any sum due, or if after ten (10) days written notice Customer has not cured any other failure to perform under these Terms.
Are Children Allowed to Use AGTI? If you are under 18, you may use AGTI only with the involvement of a parent or guardian.
REFUND, RETURNS AND CANCELLATION POLICIES
Items that are Not Returnable: AGTI does not accept returns.
All sales are final and not returnable. No refunds will be given except partial refund may be issued for new, unopened equipment, at the discretion of AGTI. AGTI does not accept returns from sellers other than AGTI. How will my refund be issued: Via Paypal.
SHIPPING AGTI and this website/storefront use UPS for all shipping of real (physical) goods. AGTI pledges to implement UPS guidelines and policies when packaging and packing your orders. We pledge to constructively work with you our customers and clients, and UPS, to resolve all issues. For concerns related to UPS’s business practices and privacy policies, you may wish to view them directly at http://www.ups.com, and follow the appropriate links.
Delivery:
a) Delivery. AGTI will deliver Products by arranging shipping to the receiving area at the "ship to" address specified in Customer's order. AGTI may elect in its sole discretion to deliver Software, Deliverables, Specifications, or Product documentation by enabling electronic transmission to, or electronic access or download by Customer.
b) Delivery Requirements. If AGTI is unable to meet Customer's product delivery requirements, Customer may cancel that order, and such cancellation is Customer's sole remedy.
UPDATES Notices/Modification and Termination of Services/Amendment of Terms: AGTI may provide notice to you via email, regular mail, or posting notices or links to notices on the Web site. AGTI reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. AGTI may also delete, or bar access to or use of, all related information and files. AGTI will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information. AGTI may amend these Terms at any time by posting the amended terms on this Web site.
INTELLECTUAL PROPERTY RIGHTS Except as expressly authorized by AGTI or by Content providers, You agree not to reproduce, modify, rent, lease, loan, license, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software AGTI discloses to you, and you must not remove or modify any copyright or trademark notice, or other notice of ownership. Your use of AGTI’s software and other intellectual property are subject to further terms and conditions that may be stated in the license agreement for the particular software, or in connection with a purchase agreement entered into between you and AGTI. The terms and conditions set forth herein with respect to Intellectual Property Rights are in addition to, and not to the exclusion of, the terms and conditions provided in specific license or purchase agreements. To the extent that the terms and conditions may vary, the terms and conditions set forth in the specific licensing or purchase agreement shall supersede the terms and conditions set forth herein. "AGTI Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations AGTI uses in connection with its products and services. You may not remove or alter any AGTI Trademarks, or co-brand your own products or material with AGTI Trademarks, without AGTI's prior written consent. You acknowledge AGTI's rights in AGTI Trademarks and agree that any use of AGTI Trademarks by you shall inure to AGTI's sole benefit. You agree not to incorporate any AGTI Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by AGTI on this Web site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this policy. Upon termination, you must immediately destroy any downloaded and/or printed Content.
SOFTWARE LICENSES
All AGTI software packages include software, documentation, a single-user, single site license, and scheduled upgrades for a period of one (1) year. Multiple user licenses, hands-on training, and consulting services can be priced upon request.
AGI will train one or two client users about use of the modeling software during a one (1) hour conference call following purchase of software. Contact sales@abbiegregg.com to schedule training session. Software Conditions: Jupiter©, FabTech©, eValuate© and Carme© Software shall remain property of AGTI, and shall not be resold, copied, or reproduced by Customer without further written agreement between AGTI and Customer. AGI, “Abbie Gregg, Inc.” may not be removed from Jupiter©, FabTech©, eValuate© and Carme© written reports, cut sheets or screen captures. Upgrades will be provided by e-mail or CD Rom.
EXPORT RULES
Export and Import: By accepting this agreement you confirm that you are not located in (or a national resident of) any country under U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, software, technology, or services may not be exported, re-exported, transferred or downloaded to any such entity."
DISCLAIMER/LIABILITY LIMITS
Disclaimer: Although AGTI Software is offered in good faith, the databases are believed to be correct, and the software has been tested and is believed to function properly, neither AGTI, nor any of the owners of AGTI Software copyrighted data, nor anyone else involved in the preparation, reproduction, promotion, or distribution of AGTI Software makes any representation or warranty as to completeness or accuracy. The information and software are furnished to the User on the basis that the User must use them in a responsible manner and will make reasonable determination as to their suitability for a particular purpose prior to their use. In no event will AGTI or anyone involved in the preparation, reproduction, promotion, or distribution of AGTI Software be responsible for damages of any kind resulting from the use of AGTI Software or reliance upon the output of AGTI Software. Nothing contained in this Agreement should be construed as a recommendation to use any material, product, invention, system, process, application, or method of installation, and neither AGTI nor anyone involved in the preparation, reproduction, promotion, or distribution of AGTI Software make any such representation or warranty express or implied. The materials (including all software) and services at this site are provided "as is" without warranties of any kind. The user hereby acknowledges that software and data are both inherently subject to error and that neither AGTI nor anyone else involved in the preparation, reproduction, promotion, or distribution of AGTI software has made any representation or warranty, express or implied, of merchantability or fitness for a particular purpose with respect to information in AGTI software or method of delivery of such information. In addition to and notwithstanding the above, in no event shall AGTI or anyone else who has participated in the preparation, reproduction, promotion, or distribution of AGTI Software be liable for any consequential or special damages, or for any loss of profits incurred by the User or any third party in connection with or arising out of the use of AGTI Software.
AGTI's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this Site should be construed to alter such agreements. AGTI may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. The materials and services at this Site may be out of date, and AGTI makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products, programs or services that are not available in your country. Consult your local AGTI business contact for information regarding the products, programs and services that may be available to you. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you. Limitation of Liability: Except for claims by a party for infringement of their intellectual property rights against the other party, in no event will AGTI, its suppliers, or other third parties mentioned at this site be liable for any damages whatsoever (including, 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 this site, any websites linked to this site, or the materials or information or services contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not AGTI has been advised of the possibility of such damages. If your use of the materials, information or services 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 these limitations or exclusions may not apply to you.
AGTI's total aggregate liability is limited to the amount paid by Customer for the Product.
Legal Theory: To the extent allowed by local law, these limitations will apply regardless of the basis of liability, including negligence, misrepresentation, breach of any kind, or any other claims in contract, tort or otherwise.
Applicable Law: By visiting AGTI, you agree that the laws of the state of Arizona, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and AGTI or its affiliates.
Disputes: Any dispute relating in any way to your visit to abbiegregg.com or to products you purchase through AGTI shall be submitted to confidential arbitration in Arizona, except that, to the extent you have in any manner violated or threatened to violate AGTI's intellectual property rights, AGTI may seek injunctive or other appropriate relief in any state or federal court in the state of Arizona, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Indemnity: You agree to indemnify and hold AGTI and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your content, tour use of or connection to the Web site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another, including without limitation, rights such as those arising under copyright, trademark, patent, or other intellectual property rights.
Content provided via links: You may find links to other Internet sites or resources on the Web site. You acknowledge and agree that AGTI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. AGTI will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Warranties: AGTI makes no warranty or representation that: (a) the web site will be uninterrupted, timely, secure, or error-free; (b) the results that may be obtained from the use of the web site will be accurate or reliable; (c) the quality of any products, services, content, information, or other material purchased or obtained from the web site will meet your expectations or requirements; or (d) any errors in the web site will be corrected.
Although we make every effort to protect our content and our web site you assume all risk for any damage to your computer system or loss of data that results from obtaining any content from the web site, including any damages resulting from computer viruses.
TERMS OF USE
Acceptance of Contract Terms: The following are terms of a legal agreement between you and AGTI. By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by AGTI from its offices within the United States. AGTI makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Arizona. If you are using the software on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on Your employer's behalf, and that your employer agrees to indemnify you and AGTI for violations of these Terms.
Your Obligations and Conduct: You agree that You will not use the Web site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be AGTI or someone else, or spoof AGTI's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent Your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Web site; or (f) engage in any activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, stalking, or making threats of harm.
Delivery of Email: AGTI will attempt to deliver all of the e-mail that is addressed to your e-mail address on AGTI's servers. However, the nature of e-mail is such that AGTI cannot guarantee delivery of such e-mail, and specifically disclaims any and all liability for the failure of an e-mail or other electronic communication to be delivered to you.
