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By accessing or using the Site, any user ("User") accepts these Terms of Use ("Agreement") and agrees to be bound, without limitation or qualification, by these terms and all applicable Oregon State, and federal laws. User agrees not to alter or tamper with the software, security, or site operations of the Site. Adaptavant reserves the right to change provisions of the Agreement without notice, and User agrees to be bound by the terms in effect at the time at which the Site is accessed.
Services and products are intended for persons who are legally permitted to enter binding contracts. The Site may not be used to gain or attempt to gain a competitive advantage in Adaptavant's industry market.
Any comments, data, and data disclosed or submitted to the Site become property of Adaptavant. Except as provided in the Privacy Notice, Adaptavant is under no obligation to 1) hold in confidence any disclosures or submissions except where required by law; 2) pay for any disclosures or submissions; or 3) respond to any disclosures or submissions. All submissions are subject to use by Adaptavant without restriction, and User is not entitled to any compensation. User agrees to provide data that is not inflammatory, obscene, or harmful to others, nor that gives rise to civil liability or infringes on any copyright. User agrees to provide truthful data about herself/himself only. Adaptavant may restrict or terminate any User's access to the Site without notice at Adaptavant's sole discretion if data has been provided that may be harmful to others or if User has engaged in harassment of Adaptavant service providers. Harassment of any Adaptavant service provider includes but is not limited to offensive language during registration, ordering, email correspondence, or customer service calls. Any harassment of Adaptavant service providers is subject to legal recourse by Adaptavant. Neither Adaptavant nor its service providers assumes responsibility or liability for any action or inaction taken in regards to offensive material on the Site.
Although Adaptavant's webmaster updates data on the Site periodically, Adaptavant does not offer assurance that the data or material is error-free or complete. Such updates include but are not limited to color, availability, product description, and price. Adaptavant reserves the right to revise or change data without prior notice. Although we apologize for the inconvenience, Adaptavant reserves the right to correct any data at any time, even during your transaction, and will take measures that may include refusal, cancellation, or revision to adjust your final payment.
Links and references to and from third party websites are provided for convenience only. Adaptavant does not expressly or implicitly endorse any data, materials, or services offered on third party sites, nor their accessibility or security. Adaptavant does not assume any responsibility or liability for third party sites, nor does Adaptavant make any representation or warranties for these sites. No User may provide links to Adaptavant's website without prior written permission from Adaptavant's webmaster.
Adaptavant and its service providers do not guarantee the accuracy or completeness of the Site's content. Adaptavant does not assume responsibility or liability for third party material on the Site. Vendors of Adaptavant may furnish certain data available to the User, including certain product data and opinions, and thus User agrees to indemnify Adaptavant service providers and affiliates against all losses or damages resulting in User's reliance on any data, opinion, or advice obtained through the Site.
These Terms of Use are applicable to any User who accesses, registers, or browses on the Site. Adaptavant may restrict or terminate any user's access to our services or products at any time and without notice. The terms of Termination; Indemnity; Copyright and Trademark Disclaimer; Limitation of Liability and Disclaimer of Warranties; and Governing Law sections will survive any termination of service or use of the Site.
User agrees to indemnify all Adaptavant service providers and affiliates against all losses or damages, including reasonable attorney's fees, resulting from any violation of this Agreement and/or the Privacy Notice by the User, or any activity on the User's account by another third party.
The Site is owned by Adaptavant and is available for a User's personal and non-commercial purposes only. The Adaptavant name, logo, and site content, including all pictures, slogans, text, colors, designs, graphics, images, icons, buttons, code, and software, are all subject to trademark, copyright, and other applicable intellectual property rights and law. Third-party trademarks, product names, and logos on the Site are the property of their respective owners. Adaptavant retains sole rights for all use, production, and copy of its trademarks, and any misuse is strictly prohibited. Adaptavant trademarks may not be copied, reproduced, modified, downloaded, published, exploited, or transmitted without first obtaining written permission from Adaptavant. Permission is only granted to electronically copy and print pages from the Site solely as related to the non-commercial placement of User's personal order from Adaptavant. Adaptavant retains all intellectual property rights, copyrights, and trademarks for any material that User prints for personal use. User agrees to respect all applicable intellectual property laws and not use any materials on the site to create new works.
ADAPTAVANT PROVIDES THE SITE "AS IS" AND DOES NOT CLAIM TO MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICEABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR MATERIALOF THE SITE. Adaptavant FURTHER DOES NOT WARRANT THAT ITS SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON THE SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR APPLICABLE SERVER IS FREE FROM VIRUSES OR OTHER POTENTIALLY HARMFUL CODE. NEITHER Adaptavant NOR ANY OF ITS SERVICE PROVIDERS SHALL BE DIRECTLY OR INDIRECTLY LIABLE FOR ANY DAMAGES, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL, DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM ANY USE OR INABILITY TO USE PRODUCTS OR SERVICES, MALFUNCTIONS OR DEFECTS IN THE SITE, LACK OF PRIVACY OR SECURITY IF USING THE SITE, FOR ANY DELAY IN OR LACK OF DELIVERY, FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, FOR USER OR ANY THIRD PARTY, AS PERMISSIBLE UNDER ALL APPLICABLE LAW. IF APPLICABLE LAW DOES NOT PERMIT SUCH AN EXCLUSION OF LIABILITY FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, THE LIMITATION MAY NOT APPLY IN ITS ENTIRETY. USER IS NOT OBLIGATED TO ACCESS OR USE THE Adaptavant SITE. USER AGREES TO INDEMNIFY AND HOLD HARMLESS Adaptavant AND ITS SERVICE PROVIDERS FROM DAMAGES, AND NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGE CAUSED BY LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOST DATA, COMPUTER VIRUSES, BUSINESS INTERRUPTION, LOST REVENUE, OR LOSS OF GOODWILL) FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THIS AGREEMENT IN NO EVENT SHALL Adaptavant BE LIABLE FOR DAMAGES IN EXCESS OF THE PRICE CHARGED TO USER FOR USER'S ORDER. THIS LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION. Adaptavant RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS SITE.
The Site is controlled and operated by Adaptavant in Washington County, Oregon, United States of America. Adaptavant makes no claim that the Site, its services, or products, are appropriate or accessible to other locations. User accesses the Site on her/his own initiative, accepts and agrees to be bound by the terms of the Agreement, the Privacy Notice, and submits to the jurisdiction and venue in the state or federal courts located in Oregon. This agreement shall be governed by the laws of the State of Oregon without giving effect to its conflicts of law principles. The provisions of this Agreement will be deemed severable, and the invalidity or unenforceability of any provision will not affect the validity or enforceability of any other provision. If Adaptavant initiates legal proceedings to collect any amount due hereunder and Adaptavant substantially prevails in such proceedings, then User agrees to pay Adaptavant's costs and reasonable attorneys' fees in such proceedings and any appeals. User waives any and all rights that she/he may have to a jury trial in connection with any proceedings concerning this Agreement.
At Adaptavant Communications Inc. ("Adaptavant"), we are committed to protecting your privacy and to providing you an informative and secure online experience. You can travel through most of this web site (this "Site") without submitting any data about yourself. But sometimes we do need data to provide services and/or data that you request, and this statement of privacy (this "Privacy Policy") explains data collection and use practices of Adaptavant in those situations. Please read this Privacy Policy.
We will ask you if we need data that personally identifies you ("personal data") or allows us to contact you. Generally, this data is requested if you are registering before ordering e-mail newsletters, joining a limited-access premium site or Forums (see the definition in the Terms of Use), signing up for an event, or if purchasing and registering Adaptavant products and services. Personal data collected by this Site often is limited to first and last names, e-mail address, language, country or location, the company you work for and your position within this company but may include other data if needed to provide a service you requested.
If you buy and install a new product (if any offered for sale in this Site), we may ask you to register your purchase electronically. if you do, we keep this registration data on file with any data you've already given us on previous visits to this Site. This is considered your personal profile.
We use your personal data for the following purposes:
By accepting the Terms of Use (this Privacy Policy being part of it), Adaptavant assumes that you have given your permission to collect and use your personal data as per this Privacy Policy.
We may provide and share your personal data to our affiliated companies, subsidiaries or business associates on a need to know basis to support us for the above usage purposes.
We also occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the data they need to deliver the service, and they are prohibited from using that data for any other purpose.
Adaptavant may disclose your personal data if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Adaptavant or this Site; (b) protect and defend the rights or property of Adaptavant, its affiliated companies or subsidiaries and its family of Web sites, or (c) act in urgent circumstances to protect the personal safety of users of Adaptavant, its Web sites, or the public.
Whole or part of your personal data could be available to and could be collected by all other users in cases where data is shared with third party as a necessary or implied function of certain part of this Site or for certain services, for example, (a) posting comments within Forums (as this term is defined in the Terms of Use); or (b) attendance at conference, training sessions, seminar or any other events organized by Adaptavant or Adaptavant affiliated companies or subsidiaries (even if in partnership with Adaptavant business partners or suppliers).
Your data may be stored and processed in the United States or any other country in which Adaptavant or its affiliates, subsidiaries or agents maintain facilities, and by using this Site, you consent to any such transfer of data outside of your country. Adaptavant abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.
In the event that Adaptavant moves or transfers whole or part of its business, your personal data collected through this Site could be transferred to the company acquiring such business unless you instruct Adaptavant not to do so.
If you register, or otherwise give us personal data, Adaptavant will not share that data with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above. Adaptavant may send out periodic e-mails informing you of technical service issues related to a product or service you requested as they are essential to the use of the product or service.
This Site strictly protects the security of your personal data and honors your choices for its intended use. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Your personal data is never shared outside Adaptavant without your permission, except under conditions explained above. Inside Adaptavant, data is stored in password-controlled servers with limited access.
You also have a significant role in protecting your data. As an example, no one can see or edit your personal data without knowing your password, so do not share this with others. If you believe that your password has been compromised, you should immediately change your password.
Adaptavant may hire third parties to collect data or may purchase data from third parties. This may include renting e-mail address lists for use in e-mail campaigns. To the extent that your personal data at this Site is augmented through such measures, Adaptavant will provide the same security and management options as set forth herein for data collected within this Site.
While travelling through this Site, you may happen upon links to third party websites (such as site of Adaptavant business associates); even though a connection might be made to such third party sites, Adaptavant is not responsible for their respective and own privacy policies.
To ensure we are publishing material users need and want, this Site collects site-visitation statistics using cookies. We only use this data in composite form and only use site-visitation statistics for improving this site.
If someone visits this Site, a cookie is placed on the user's machine (if the user accepts cookies) or is read if the user has visited this Site previously.
Web beacons, also known as clear gif technology, or action tags, assist in delivering the cookie. This technology tells us how many visitors clicked on key elements (such as links or graphics) on this Site. We do not use this technology to access your personally identifiable data on this Site; it is a tool we use to compile composite statistics about this Site usage. We may share composite site statistics with associate companies but do not allow other companies to place clear gifs on our sites.
If you choose to not have your browser accept cookies from this Site, you will be able to view the text on the screens, however you will not experience a personalized visit nor will you be able to subscribe to the service offerings on this Site.
Adaptavant will occasionally update this Privacy Policy. For material changes to this Privacy Policy, Adaptavant will notify you by placing prominent notice on this Site.
Continued use of this Site implies your agreement of any changes to this Privacy Policy.