Altiar Terms of Service

Last Updated: 1st December, 2015

Please read these terms carefully before using this site. If you have entered into a separate written agreement with Altiar for use of the Altiar services, the terms and conditions of such other agreement shall prevail over any conflicting terms or conditions in these terms of use.

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the web site located at https://altiar.com (the “Site”). The Site is the property of Altiar Limited (“Altiar”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Altiar reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Altiar grants you a personal, non-exclusive, non-transferable, limited right to enter and use the Site.

Changes/Updates to the Site/Terms

Altiar reserves the right to make changes in any products described on the Site at any time without notice. Customers are advised to obtain the latest version of documents before relying on information described in the Site, except as explicitly set forth in written agreements between Altiar and its customers. Altiar may make changes to the Content or the Site at any time without notice. Altiar makes no commitment to update the Content or the Site. Altiar reserves the right to make changes to the Site and the disclaimers, terms, and conditions at any time.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Altiar, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

License to Use Content; Limits on Use

The Content on the Site is provided by Altiar as a service to its customers and potential customers. As long as you comply with these Terms of Use, Altiar hereby grants you the right to use the Content for informational purposes only.

Any other use, unless otherwise authorized in writing by Altiar or its suppliers, including the framing, linking to, reproduction (including photocopying or storage in an information storage/retrieval system), modification, distribution, transmission, republication, display, resale, data extraction, or data mining of the Content on the Site, or the preparation of derivative works based on the Content of the Site, is strictly prohibited. You will not tamper with, disable, reverse engineer, decompile or otherwise interfere with the proper functioning of the Site, or any content, proprietary notice, copyright management system or software associated with the Site, or misrepresent your identity in connection with any use thereof. All rights not expressly granted herein are hereby reserved.

You may use information on Altiar products and services (such as product briefs, designer manuals, design libraries, datasheets, white papers and similar materials) purposely made available by Altiar for downloading from the Site, provided that you (1) not remove any proprietary notice language in any copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

Trademarks

The Altiar name, the Altiar logo, and the product names associated with the Altiar service are service marks or trademarks of Altiar.

Other company and product names may be trademarks or registered trademarks of the respective owners with which they are associated.

You may not use, and nothing contained on the Site grants, by implication, waiver, estoppel or otherwise, any right to use, any trademark displayed on the Site without the written permission of Altiar or the respective owner.

Availability of Site

You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Under no circumstances will Altiar or its suppliers be held liable for any damages due to such interruptions. The Site and the Content may include technical inaccuracies or typographical errors. The Site is made available internationally and may contain references to products, programs and services of Altiar or its suppliers that are not available in your location. Such references do not imply that Altiar or its suppliers intend to make available such products, programs or services in your location.

Links with Other Sites

Altiar is not responsible for the content of any other web site linked to or from the Site. If you link to another site, you leave the Site. If you decide to link to another site, you do so entirely at your own risk. Altiar may provide links from the Site to other sites, but this is done solely as a convenience to you and in no way should be interpreted as a referral or endorsement of any content, sponsor or owner of any other site. ALL WARRANTIES, CONDITIONS OR OTHER TERMS EXPRESS OR IMPLIED AS TO ANY SUCH LINKED SITE, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, OWNERSHIP, VALIDITY OR LEGALITY OF ANY CONTENT OF A LINKED SITE, ARE HEREBY EXCLUDED.

Accounts, Passwords, and Security

Certain features or services offered on or through the Site may require you to register (including setting up an Altiar login and password). You are entirely responsible for maintaining the confidentiality of your registration information, including your password, and for any and all activity that occurs under your registration. You agree to notify Altiar immediately of any unauthorized use of your login or password, or any other breach of security. However, you may be held liable for losses incurred by Altiar or any other user of or visitor to the Site due to someone else using your Altiar login, password or registration.

You may not use anyone else’s Altiar login, password or registration at any time without the express permission and consent of the holder of that Altiar login, password or registration. Altiar cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Altiar’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Altiar’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

Disclaimers

ALTIAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR–FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ALTIAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ALTIAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTIAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND ANY ALTIAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ALTIAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES, AND IN ITS ABSENCE ALTIAR WOULD NOT MAKE THE SITE AVAILABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Altiar reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes; and (4) revoke or suspend any login or password.

Limitation of Liability

Except where, and to the minimum extent, prohibited by law, in no event will Altiar be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits or cost of replacement, even if Altiar has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Altiar is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, Altiar’s liability shall in no event exceed GBP£100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Altiar, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including solicitors’ fees), made against Altiar by any third party due to, or arising out of, or in connection with, your use of the Site.

Violation of these Terms of Use

Altiar may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Altiar’s rights or property, or the rights or property of visitors to, or users of, the Site, including Altiar’s customers. Altiar reserves the right at all times to disclose any information that Altiar deems necessary to comply with any applicable law, regulation, legal process or governmental request. Altiar also may disclose your information when Altiar determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Altiar may preserve any transmittal or communication by you with Altiar through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or if Altiar determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Altiar, its employees, users of or visitors to the Site, and the public.

You agree that Altiar may, in its sole discretion and without prior notice, terminate your access to the Site or block your future access to the Site (including revoking logins and passwords) if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Altiar, for which monetary damages would be inadequate, and you consent to Altiar obtaining any injunctive or equitable relief that Altiar deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Altiar may have at law or in equity.

You agree that Altiar may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (including self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems. If Altiar does take any legal action against you as a result of your violation of these Terms of Use, Altiar will be entitled to recover from you, and you agree to pay, all reasonable solicitors’ fees and costs of such action, in addition to any other relief granted to Altiar. You agree that Altiar will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to, or use of, the Site, including all disputes, will be governed by the laws of the United Kingdom. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and solicitors’ fees. In the event of any controversy or dispute between Altiar and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Export Control

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including, without limitation, United Kingdom export laws and regulations.

Miscellaneous

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Altiar with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Altiar with respect to such use are hereby superseded and cancelled. Altiar will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Altiar’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Altiar of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Altiar and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

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