Terms and Conditions of Use

This website (the “Site”) is provided by Applied Thin-Film Products (“ATP”), subject to your compliance with the Terms and Conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. ATP MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Limited License

ATP grants you a limited, revocable, and nonexclusive license to access and make personal use of the Site. Please note that you may not frame or utilize framing techniques to enclose the Site or any portion thereof without our prior written consent. The limited license set forth in this Section does not include the right to: (a) modify or download the Site or its contents (except caching or as necessary to view content); (b) make any use of the Site or its content other than personal use; (c) create any derivative work based on either the Site or its content; (d) collect account information for the benefit of another party; (e) use any meta tags or any other “hidden text” utilizing our name or our trademarks without our express written consent; or (f) use software robots, spiders, crawlers or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. Any unauthorized use by you of the Site terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.

2. Rights to Information and Data

If you upload or submit information or data to the Site, you represent and warrant that you own or otherwise control the rights to such information or data. You further represent and warrant that such information or data does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any such submitted information and data. You agree to indemnify us for all claims arising from your claims to any rights in any such information or data that you upload or submit to the Site.

3. Links to Site

You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Site for personal, noncommercial use only. A website that links to our Site (a) may link to, but not replicate, our content; (b) may not imply that we are endorsing such website or its services or products; (c) may not misrepresent its relationship with us; (d) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (e) may not portray us or our products or services, in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, services or opinions; (f) may not use any trademark without express written permission; and (g) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and, upon receipt of such request, you shall immediately remove such link.

4. Linked Websites

We are not responsible for the content of any off-site pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service or supplier. Your linking to or from any off-site pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-site pages or any other websites linked to or from the Site. We do not assume any responsibility or liability for the actions, content, products or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other websites that you visit.

5. Copyright, Licenses and Idea Submissions

The entire content of the Site is protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ATP, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ATP a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas for new or improved products and services that are contained in them) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ATP by all means and in any media now known or hereafter developed. You also grant to ATP the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related to them. You agree that you shall have no recourse against ATP for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ATP.

6. Trademarks

Fractal Fasten or any other names or logos of ATP or its publications, products, content or services referenced in these Terms and Conditions or on the Site are the exclusive trademarks or servicemarks of ATP. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

7. Use of the Site; LIMITATION OF WARRANTIES

ATP attempts to be as accurate as possible when describing its products on the Site; however, to the extent permitted by applicable law, ATP does not warrant that the product descriptions, prices or other content available on the Site is accurate, complete, reliable, current or error-free. You understand that, except for information, products or services clearly identified as being supplied by ATP, ATP does not operate, control or endorse any information, products or services on the Internet in any way. Except for ATP-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, who are not affiliated with ATP. You also understand that ATP cannot and does not guarantee or warrant, if any files are made available for downloading through the Site, that such files will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ATP PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND ATP SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. ATP DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL ATP BE LIABLE FOR (A) ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION, EVEN IF ATP OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ATP’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ATP makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ATP web site, please understand that it is independent from ATP and that ATP has no control over the content on that web site. In addition, a link to a ATP web site does not mean that ATP endorses or accepts any responsibility for the content, or the use, of such web site.

8. Indemnification

You agree to indemnify, defend and hold harmless ATP, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your use of the Site and from any violation of these Terms and Conditions (including negligent or wrongful conduct) by you or any other person accessing the Site.

9. Third Party Rights

The provisions of paragraphs 7 (Use of the Service), and 8 (Indemnification) are for the benefit of ATP and its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

10. Privacy

Please review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices.

11. Miscellaneous

These Terms and Conditions shall all be governed and construed in accordance with the laws of the state of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between ATP and you for any purpose concerning the Site or the parties’ obligations under these Terms and Conditions shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Santa Clara County, California. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

ATP’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. ATP may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.

You acknowledge and agree that these Terms and Conditions, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. If any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. ATP will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

Any rights not expressly granted herein are reserved.

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