PROPERTY RIGHTS IN THE SITE AND CONTENT; INFORMATIONAL PURPOSES AND COMPLIANCE WITH LAW
NON-Ames Corporation CONTENT, PRODUCTS AND SERVICES MENTIONED ON THE SITE
We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than authorized Ames Corporation employee spokespersons while acting in their official capacities. We do not review and assume no responsibility for any content received from, or created by, any third parties. Furthermore, we do not review and assume no responsibility for any products or services mentioned on the Site, whether provided by Ames Corporation, affiliated companies or unaffiliated third parties. You agree to make your own independent evaluation of the products and services mentioned on the Site, including their quality.
In the event you use the Site or the links included on the Site to gain access to any World Wide Web site or any Internet location or a source of information of any company, organization or person other than Ames Corporation, you acknowledge that such other sites, locations and sources are not under our control and agree that we will not be responsible for any content or links found at any such site, location or source, for your use of such information, or for any such site's, location's or source's use of any information you submit to them. We provide such links only as a convenience to you, and have not tested any software or verified any content found at such sites, locations or sources. The fact that we have provided a link to any non-Ames Corporation site, location or source does not signify our endorsement of the site or its contents. There are inherent risks in the use of any software and/or content found on the Internet, and you acknowledge that you understand these risks.
NO OBLIGATION TO KEEP INFORMATION CURRENT
We are not under any obligation to update the Content to reflect circumstances that may occur after its initial publication date. Due to legal restrictions or other reasons, we may not update any Content including to take into account material changes or new information.
DISCLAIMERS POSTED ON THE SITE; CONTENT TO BE CONSULTED IN ITS ENTIRETY
You agree to comply with any and all rules, restrictions and disclaimers that are posted on the Site. All materials on the Site are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions, disclosures and copyright or proprietary notices. Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.
In connection with your use of or access to the Site, we from time to time may provide you with user names, passwords and/or other unique identifiers ("User Codes"). You are responsible for security and confidentiality of the User Codes and agree not to disclose them to any third party, including, if you are accessing the Site on behalf of any company or organization, any other employee in your company or organization. You are responsible for any and all information provided and any and all acts and/or omissions that occur while User Codes are being used. We are not responsible for any breach of security caused by your failure to maintain the confidentiality and security of any of the User Codes. You agree to notify us immediately in the event of loss, theft or disclosure of any or all of the User Codes, if you believe the confidentiality or security of any or all of the User Codes has been compromised in any way or in the event of your learning about a possible or actual unauthorized access to and/or use of the Site. We reserve the right to revoke or modify the User Codes at any time without prior notice.
CONSENT TO RECORDING AND MONITORING
You consent to our recording, retention and use of all information and data that you input or otherwise communicate during your access to and/or use of the Site or through any e-mail to or from us and any other electronic communication means and the transmittal of the same to our affiliates, subsidiaries, branches and third parties for order and other processing, database maintenance, record keeping or any other use in accordance with customary practices, policies and procedures applicable in the United States and, of course, our privacy policies. In addition, we may disclose such information to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or the defense of claims. We expressly reserve the right to monitor any and all use of the Site.
USE OF E-MAIL AND OTHER ELECTRONIC MESSAGES
You acknowledge that any electronic mail, chat, information, submission or instant messenger communication, whether transmitted through the Internet, the Site, a proprietary network, a computer, a pager or other wireless device or otherwise (collectively, "Electronic Messages") may not be secure and communications using Electronic Messages may not be confidential.
In addition, we assume no responsibility to update any information communicated to you using Electronic Messages. Furthermore, even if our representative has communicated with you using Electronic Messages, the representative may not (and we assume no obligation to) timely see, process, act on or respond to any message from you sent using Electronic Messages.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE SITE AND THE CONTENT IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS. Ames Corporation AND ITS AFFILIATES DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TIMELINESS AND ERROR-FREE UNINTERRUPTED SERVICES. AS TO THE OPERATION OF THE SITE, Ames Corporation MAKES NO WARRANTY THAT (i) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, OR (iii) DEFECTS, IF ANY, WILL BE CORRECTED. YOU (AND NOT Ames Corporation) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THE SITE. TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT ACCESSIBLE ON THE SITE, OR ANY OTHER SITE, LOCATION OR SOURCE TO WHICH WE LINK, AND ALL OPERATIONS ON THE SITE ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN USING THE SITE, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD Ames Corporation OR ITS AFFILIATES LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THE SITE (OR ANY OTHER LINKED SITE, LOCATION OR SOURCE). NEITHER Ames Corporation NOR ITS AFFILIATES WILL BE LIABLE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH DAMAGES INCLUDE DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS OR OTHER HARMFUL COMPONENT.
YOUR REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that:
(A) (i) you are the person to whom the User Codes you used to access the Site were issued by us and the information you provided to us in connection with the issuance of the User Codes, if any, was and is accurate and complete, or (ii) you are accessing the Site on behalf of the company or organization to whom the User Codes you used to access the Site were issued by us;
(C) you will not reverse engineer, de-compile or reverse compile any of our technology, including any software or Java applets associated with the Site;
(E) if we grant you access to the Site in your individual capacity, you are of the age of majority; and
(F) you have all consents, rights and authority to provide any and all information transmitted by you to us using the Site, all such information is accurate and complete and we may rely on it.
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