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TERMS AND CONDITIONS
Terms of Use
Welcome to ATI Industries! Our website is open to the trade industry only and therefore must qualify all new accounts. Our website is subject to the following terms and conditions. By using the website, you agree to accept these terms and conditions in full and agree to all applicable rules and regulations. Please review our Terms of Use carefully. If you disagree with any part of these terms and conditions, you agree to not use this website. The website and domain is owned and operated by ATI Industries, Inc. and were last modified on December 19, 2013.
Website Access
We grant pre-approved customers of ATI Industries a limited, revocable license to access and make business use of the ATI Industries website content as our customer. We also grant these customers the right to view and download product information and images for internal business purposes only, and print pages from the website solely for their own internal business use.
To obtain full access to the ATI Industries website, all entities are required to complete a registration form. If ATI Industries provides you with a user ID and password to enable you to access restricted areas of the website or other content or services, you shall ensure that this user ID and password are kept confidential and you agree that you will not share this information with any other person or entity. You accept full responsibility for all activities that occur under your account or password and you are fully responsible for such use. You will ensure that all use of your account fully complies with these terms and conditions and that your access is only used for your private needs. You agree to accept responsibility for all activities that occur under your account or password.
ATI Industries may disable your user ID and password based on our sole discretion without notice or explanation. Transfer of the account by you to any other person or entity is strictly prohibited. We reserve the right to remove or edit content, cancel orders, refuse service, or terminate accounts based on our sole discretion.
Registered users of the ATI Industries website are not permitted to:
• Remove any copyright, trademark, watermarks or other proprietary notations from our website pages and/or product listings;
• Show in public, sell, copy, duplicate, reproduce, or otherwise exploit the website or any product information, product image, product description, price, page layout or design, trademark, copyright, logos or other content for any other purpose except as expressly provided;
• Engage in any activity that interferes with the website or another user's ability to use the website;
• Use a robot or data mining or extraction tool or process to monitor, extract or copy website content (except in the operation or use of Internet search engines or similar technology);
• Transfer images or website information to another person or copy the images or materials over to any other server;
• Assist or encourage any third party in engaging in any activity specifically prohibited by these Terms of Use.
Trademarks
Certain logos, scripts, graphics, artwork and service names are trademarks, service marks, of our company and/or our affiliated companies. Our trademarks may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by ATI INDUSTRIES or our affiliated companies that appear on the website are the property of their respective owners and may or may not be used without their prior written consent.
Copyright
All Website content is our property or the property of our content suppliers and is protected by international copyright laws. You shall not use this website for any purposes related to marketing without ATI INDUSTRIES’s express written consent.
The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. The arrangement and compilation of all website content is our exclusive property and is protected by international copyright laws. All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws. All Website Content that is not our property is used with permission.
Copyright & Trademark Compliance
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us immediately by contacting our customer service team at the telephone number listed on our customer service page. Upon receipt of any claim of infringement, or upon becoming aware of any actual or alleged infringement, we will review the claim and conduct a timely investigation.
Limitation of Liability
We do not accept responsibility that our website, servers, or email sent from our website are free of viruses or other harmful components. We do not guarantee that this website will be available at all times and are not responsible for any damages that occur due to lack of availability.
We will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you may have additional rights.
Subject To Change
We reserve the right to make changes to our site, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.
Other Parties
You accept that, as a registered corporation, ATI Industries has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against ATI Industries officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect ATI Industries officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as ATI Industries.
Waivers
If any provision of these terms and conditions is, or is found to be, invalid, illegal, or unenforceable under applicable law, such provision will be deemed amended to conform to the applicable laws and the remainder of these terms and conditions shall remain in full force and effect. The failure of ATI Industries to enforce any right against you shall not constitute a waiver of that right.
Indemnity
You agree to fully indemnify and hold harmless ATI Industries and all of its subsidiaries and each of their respective contractors, employees, vendors, directors, officers, customers, and agents (the “Indemnified Parties”) from and against any and all losses, damages, costs, expenses and liabilities (including, without limitation, legal expenses and attorneys’ fees and any amounts paid by an Indemnified Party to a third party in settlement of a claim or dispute) incurred or suffered by an Indemnified Party arising out of or relating to any breach (or any claim of a breach) by you of any provision of these terms and conditions or arising out of or relating to your user content, regardless of whether your user content complies with these terms and conditions or not.
Collection of Information
You may be asked to voluntarily provide your name, address, e-mail address, phone number, postal address (including your city, state, and zip code), credit card information, tax identification number, business license, and/or other personally identifiable information ("Personal Information") to have access to some features of the website. By using the website and providing ATI Industries with your Personal Information, you consent to our use of such information as outlined in these terms and conditions. You may always refuse to provide your Personal Information, but this may lead to our inability to provide you with access or services.
Use of Information
ATI INDUSTRIES uses your Personal Information for the following purposes: to administer your account; to provide Internet security; to administer and improve the website and related services; to notify you of products, services, promotional events or special offers that may be of interest to you; to respond to your inquiries; to process your purchase and payment for certain products and services via the website; and to meet legal requirements.
ATI Industries may work with other businesses that may perform certain functions on its behalf, such as (but not limited to) managing data, hosting the website, sending e-mail messages, or providing customer service. These business partners have access to your Personal Information only to the extent necessary to perform these specific functions and may not use it for any other purpose. Other than for the specific purposes set forth in these terms and conditions, ATI Industries will not disclose your Personal Information unless it obtains your prior consent. If ATI Industries is involved in the sale of a substantial portion of its business assets, Anonymous and/or Personal Information may be among the transferred assets.
Security
ATI Industries has policies and procedures in place to protect the privacy and confidentiality of your Personal Information that ATI Industries collects and maintains. All Personal Information is stored on secured servers. Any unauthorized user of the website may result in criminal and/or civil prosecution. If you place an order on the website, the website encrypts the credit/debit card number you submit prior to transmission over the Internet using secure encryption technology. However, no transmission of data over the Internet is guaranteed to be 100% secure, and although ATI Industries will take reasonable steps to secure your Personal Information pursuant to these terms and conditions, ATI Industries does not guarantee the security of the information you send.
Breaches of Terms and Conditions
Without prejudice to ATI Industries other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, suspending your access to the website, contacting your Internet service provider to request that they block your access to the website and/or bringing court proceedings against you. In addition, even if you do not breach these terms and conditions, we may terminate or suspend your access to all or part of our website and/or terminate or suspend your account, at any time, without notice to you.
Disputes
You agree that the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms and conditions, the website, content, third party sites, your personal information, product information or any other third party materials (including your visit to or use of the website) shall be final and binding arbitration, except that, to the extent that ATI Industries has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought before, during or after any arbitration proceeding brought pursuant to these terms and conditions, or in lieu of such proceedings. Arbitration under these terms and conditions shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes) and in these terms and conditions. In rendering a decision, the arbitration panel shall follow the law of the United States and of the State of California, and shall not use equitable or other principles that would permit the panel to ignore these terms and conditions or the law. The arbitration panel’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction, provided, however, that errors of law may be appealed to a court of competent jurisdiction for review. Any award in arbitration shall be subject to all dollar and other limitations set forth in these terms and conditions. To the fullest extent permitted by applicable law, no arbitration or claim under these terms and conditions shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the website, and no class arbitration proceedings shall be permitted. In no event shall any claim, action or proceeding by you related in any way to the website (including your visit to or use of the website) be instituted more than one (1) year after the cause of action arose.
Your opportunity to opt out of e-mail advertising
To the extent ATI Industries intends to conduct any e-mail advertising and you do not wish to receive such promotional e-mails from our subsidiaries or us, follow the opt-out instructions contained within the body any e-mail you receive.
Website Area of Operation
The website and all Material is provided solely for the purpose of promoting ATI Industries operations in the United States and its territories. ATI Industries makes no representation that the website or the material is appropriate or available for use in other locations. If despite these conditions, you use the website or Materials from outside the United States, you are solely responsible for compliance with any applicable local laws.
E-Mail Communications
When you send an email to ATI Industries or communicate with us via our online forms, you are communicating with us electronically. You thereby consent to receive communications from us electronically; however, please note that e-mail communications are not necessarily secure or confidential. For instance, it is possible that information transmitted to ATI Industries via e-mail may be read or obtained by other parties. All agreements, notices, disclosures and other communications that ATI Industries provides to you electronically satisfy any legal requirement that such communications be in writing.
Terms and Conditions Updates
ATI Industries may revise our terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised website terms and conditions. Please check this page regularly to ensure you are familiar with the current version.
Assignment
ATI Industries may transfer or assign these terms and conditions or its rights hereunder or sub-contract its duties hereunder to any third party without notice to or consent from you.
You may not transfer, assign, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions without the express prior written consent of ATI Industries.
Entire agreement
These terms and conditions constitute the entire agreement between you and ATI Industries in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of the State of California. Notwithstanding the preceding, all disputes concerning patent, federal trademark, or federal copyright matters shall be governed by federal law.
Contacting ATI INDUSTRIES
Any questions regarding these terms and conditions may be directed in writing to: ATI Industries, Inc., 27992 Camino Capistrano #K, Laguna Niguel, CA 92677