|
Access
and Use of Information
All access to and use of this Web site (the "Site")
is governed by the terms and conditions provided below.
Entering into this Web site indicates that you have
reviewed and have agreed to be bound by these terms.
Acuity Specialty Products Group, Inc. may make future
changes or modifications to these terms and conditions
at any time without notice and your subsequent viewing
or use of the Site will constitute your agreement to
the changes and modifications. There may be additional
terms and conditions provided governing your use of
particular functions, features, information and applications
available through the Site. The materials on this Site
are copyright © 2002 Acuity Specialty Products Group,
Inc. All rights in the intellectual property contained
in this Site including copyright, trademarks, trade
secret and patent rights are reserved. This Site is
provided only for Acuity Specialty Products Group, Inc.'s
customers, vendors, employees and other constituencies
who may use this Site to view information about Acuity
Specialty Products Group, Inc. and its products and
services and may not be used by any other person or
entity, except Acuity Specialty Products Group, Inc.
employees, or for any other purpose. Any access or attempt
to access other areas of the Acuity Specialty Products
Group, Inc. computer system or other information contained
on the system for any purposes is strictly prohibited.
You may not use the Site in any manner whatsoever that
could lead to a violation of any federal, state or local
laws, rules or regulations. You may view, display, or
print in hard copy form, a single copy of any of the
content of this Site subject to the following conditions:
1. The materials may be used for personal and non-commercial
use only in connection with a legitimate personal or
business purpose. 2. Any copy of these materials or
any portion thereof must retain all copyright and other
proprietary notices. 3. Acuity Specialty Products Group,
Inc. may revoke or modify any of the foregoing rights
at any time. Any further copying, downloading, publication
or distribution of any part of this Site is prohibited.
Please note that any product, process or technology
described in these materials may be the subject of other
intellectual property rights reserved by Acuity Specialty
Products Group, Inc. and are not licensed hereunder.
Acuity Specialty Products Group, Inc. does not convey
to anyone, through allowing access to the Site, any
ownership rights in the Site or in any content appearing
on or made available through the Site. This Site contains
many Acuity Specialty Products Group, Inc. and third
party trademarks and service marks. All marks are property
of their respective companies.
Disclaimer
All information provided on this Site may be changed,
updated or deleted without notice. While efforts have
been made to make this Site helpful and accurate, it
could contain technical inaccuracies or other errors,
and Acuity Specialty Products Group, Inc. does not warrant
the accuracy of information obtained from this Site.
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS". ACUITY
SPECIALTY PRODUCTS GROUP, INC. MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, INCLUDING
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT,
AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
DISCLAIMS ALL SUCH WARRANTIES. ACUITY SPECIALTY PRODUCTS
GROUP, INC. DOES NOT WARRANT THAT FUNCTIONS CONTAINED
ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE
RISK. ACUITY SPECIALTY PRODUCTS GROUP, INC. WILL IN
NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW
FOR ANY ERRORS IN OR THE USE OF OR INABILITY TO USE
THE SITE AND ITS CONTENT (OR ANY HYPERLINKED WEB SITE)
INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS,
BUSINESS, DATA, OR DAMAGE TO ANY COMPUTER SYSTEMS, EVEN
IF YOU HAVE ADVISED ACUITY SPECIALTY PRODUCTS GROUP,
INC. OF THE POSSIBILITY OF SUCH DAMAGES. ACUITY SPECIALTY
PRODUCTS GROUP, INC. HAS NO OBLIGATION UNDER THESE SITE
TERMS AND CONDITIONS AND SHALL NOT HAVE ANY LIABILITY
TO OFFER ANY PARTICULAR PRODUCT OR SERVICE THORUGH THE
SITE TO YOU.
Links to Other Web Sites
There may be links on the Site which allow you to visit
other Web sites which are not maintained by Acuity Specialty
Products Group, Inc. Acuity Specialty Products Group,
Inc. is not responsible for the content of those sites
and makes no representations concerning the information
provided or made available on such sites nor the quality
or acceptability of the products or services offered
through any such sites. Links provided by Acuity Specialty
Products Group, Inc. to such Web sites are provided
solely for your convenience and do not imply endorsement,
sponsorship, or recommendation by Acuity Specialty Products
Group, Inc. of the sites.
Linked Internet Sites
If you wish to provide a link to this Site, you
may do so under the terms and conditions of this or
any future Acuity Specialty Products Group, Inc. web
access and use agreement, but: you may not use or replicate
Acuity Specialty Products Group, Inc. content; you agree
not to create a browser, border environment or frame
for Acuity Specialty Products Group, Inc. content; you
may not imply that Acuity Specialty Products Group,
Inc. is endorsing you or your products or services;
you may not misrepresent your relationship with Acuity
Specialty Products Group, Inc.; you may not present
false information about Acuity Specialty Products Group,
Inc. products or services; and your linked Web site
may not contain content that could be construed as distasteful,
offensive or controversial, and/or contain content that
is not appropriate for all age, racial, religious or
other groups protected by law. If you violate these
promises, you agree to be responsible for all claims,
costs, losses, expenses, damages and liabilities associated
with such acts or omissions and indemnify and hold Acuity
Specialty Products Group, Inc. harmless, and you agree
to remove any link to Acuity Specialty Products Group,
Inc. immediately upon the request of Acuity Specialty
Products Group, Inc.
Submitting Information to Acuity Specialty Products
Group, Inc.
Please see our Privacy Policy for general information.
Acuity Specialty Products Group, Inc. does not accept
ideas, concepts, or techniques for new services or products
through the Site. Acuity Specialty Products Group, Inc.
DOES NOT want to receive confidential or proprietary
information from you through this Site. Any information
that Acuity Specialty Products Group, Inc. receives
through this Site, other than your personally identifiable
information, as explained in Acuity Specialty Products
Group, Inc.'s Privacy Policy, will be deemed to be NON-CONFIDENTIAL.
By transmitting to Acuity Specialty Products Group,
Inc. information via this Site or otherwise through
electronic means, you grant to Acuity Specialty Products
Group, Inc. an unrestricted, irrevocable license to
use, reproduce, communicate, exploit, display, modify,
perform and distribute such information, and Acuity
Specialty Products Group, Inc. is free to use the information,
including any ideas, know-how or techniques contained
therein free of charge for any purpose whatsoever.
Privacy Policy
The manner in which we collect and disseminate information
is set forth in our Privacy Policy as updated from time
to time and posted on this Site. Our Privacy Policy
does not apply to other Web sites, including without
limitation, other Web sites owned by Acuity Specialty
Products Group, Inc., and we can take no responsibility
for the information, collection or dissemination policies
of third party. Your use of the Site constitutes your
acceptance of our Privacy Policy. You should not access
the site if you do not agree with the terms of our Privacy
Policy.
Electronic Communications
When you visit this Site or send e-mails to us,
you are communicating with us electronically. You consent
to receive communications from us electronically. We
may communicate with you by e-mail or posting notices
on this Site. You agree that all agreements, notices,
disclosures and other communications that we provide
to you electronically satisfy any legal requirement
that such communications be in writing.
Applicable Law
By visiting this Site, you agree that the laws of the
state of Georgia, without regard to principles of conflict
of laws, govern these Site Terms and Conditions and
any dispute of any sort that might arise between you
and Acuity Specialty Products Group, Inc..
Confidentiality
In connection with your use of the Site, Acuity Specialty
Products Group, Inc. may disclose to you certain Proprietary
Information (defined below). You acknowledge and agree
that any Proprietary Information is the sole and exclusive
property of Acuity Specialty Products Group, Inc. (or
a third party providing such information to Acuity Specialty
Products Group, Inc.) and that Acuity Specialty Products
Group, Inc. or such third party owns all worldwide rights
therein under patent, copyright, trade secret, confidential
information, and other tangible or intangible property
right laws. You are permitted to use Acuity Specialty
Products Group, Inc. Proprietary Information solely
in connection with your business purposes that relate
to Acuity Specialty Products Group, Inc. and the Site
and shall not disclose Acuity Specialty Products Group,
Inc. Proprietary Information to any third party. For
purposes of these Site Terms and Conditions, (i) "Confidential
Information" has the meaning set forth under Georgia
law; (ii) "Trade Secrets" means trade secrets as defined
under Georgia law; and (iii) "Proprietary Information"
means Trade Secrets and Confidential Information and
includes without limitation all information posted or
otherwise loaded on to the Site and accessible only
by the use of the Login And Password Information. Except
as otherwise agreed in writing, Acuity Specialty Products
Group, Inc. shall have no obligation with regard to
the use or confidentiality of any information disclosed
by you. The obligations set forth herein with respect
to Trade Secrets shall remain for as long as such information
remains a trade secret under Georgia law, and for Confidential
Information shall continue for the duration of your
use of the Site and for three (3) years thereafter.
Nothing in this Section shall prohibit or limit your
use or disclosure of information if you prove (i) at
the time of disclosure hereunder such information is
generally available to the public; (ii) after disclosure
hereunder such information becomes generally available
to the public, except through breach of these Site Terms
and Conditions by you; (iii) such information was in
your possession prior to the time of disclosure by Acuity
Specialty Products Group, Inc. and was not acquired
directly or indirectly from Acuity Specialty Products
Group, Inc.; (iv) the information becomes available
to you from a third party which is not legally prohibited
from disclosing such information, provided such information
was not acquired directly or indirectly from Acuity
Specialty Products Group, Inc.; (v) the information
was developed by or for you independently of the disclosure
of such information by Acuity Specialty Products Group,
Inc.; or (vi) the Proprietary Information is disclosed
by you pursuant to a requirement of a governmental agency
or by operation of law, provided that, with respect
to clause, (vi) you shall first notify Acuity Specialty
Products Group, Inc. prior to disclosure in order to
give Acuity Specialty Products Group, Inc. an opportunity
to seek an appropriate protective order and/or waive
compliance with the terms of these Site Terms and Conditions
and shall disclose only that part of the Proprietary
Information which you are required to disclose.
Miscellaneous
Acuity Specialty Products Group, Inc. has the right
but not the obligation to amend, modify or otherwise
change these Site Terms and Conditions, the Site Privacy
Policy, and/or any other applicable agreements (collectively
"Site Agreements") at any time by posting such changes
on the Site. In the event any of the provisions of the
Site Agreements are held unenforceable or invalid by
court of competent jurisdiction, such provisions shall
be deemed severed from the applicable agreement and
the remaining provisions thereof shall remain in full
force and effect. Should any provision of the Site Agreements
require judicial interpretation, the parties agree that
the court interpreting or construing the same shall
not apply a presumption that the terms of these Site
Agreements shall be more strictly construed against
one party than against another. Headings of particular
Sections are inserted only for convenience and are not
to be used to define limit or construe the scope of
any term or provision of these Site Terms and Conditions.
Failure of any party to enforce, in any one or more
instances, any of the Site Agreements shall not be construed
as a waiver of the other party's continuing obligations
under any such terms or conditions. No consent to a
breach of any express or implied term of the Site Agreements,
or any other notice, directive, or rule otherwise posted
on the Site, which shall only be effective if in writing
and signed by the applicable non-breaching party, shall
constitute a consent to any prior or subsequent breach
thereof. Except as may be expressly set forth herein,
no provision of these Site Terms and Conditions shall
be construed to provide or create any third party beneficiary
right or any other right of any kind in any third party.
Compliance with Applicable Laws
General Laws: You shall comply with all applicable federal,
state and local laws, statutes and regulations in the
performance of your obligations under these Site Terms
and Conditions. Antitrust Laws: You acknowledge that
Acuity Specialty Products Group, Inc. has an express
policy of complying with the antitrust laws and that
the operation of the Site is not intended to facilitate
collusion or other illegal agreements among competitors.
To further that end, you represent and warrant to Acuity
Specialty Products Group, Inc. that you do not intend
to use, and will not use, the Site to violate any antitrust
laws and will not knowingly act as a principal, conduit
or intermediary for price-fixing or any other anti-competitive
agreement among competitors.
Entire Agreement
These Site Terms and Conditions, the Site Privacy Policy,
and any and notices, guidelines, directions, instructions
or directives posted on the Site by Acuity Specialty
Products Group, Inc. from time to time, and all amendments,
modifications, additions or changes to the foregoing
constitute the entire agreement regarding your use of
the Site and supersedes all prior discussions and agreements,
oral and written, between the parties relating thereto.
|
|