Terms of Use Agreement

Ownership

This Web site, www.astrientlabs.com ("Web site"), is owned by Astrient Laboratories, LLC ("Astrient Labs"), which may be contacted at P.O. Box 310575, Miami, FL 33231; Email: info@astrientlabs.com. The copyright and ownership interests in all information, documents, communications, files, text, graphics, software, and products included on this Web site (collectively, "Materials") are held by Astrient Labs and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Astrient Labs makes the materials on this Website including Materials, available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Astrient Labs from time to time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.

For those Materials made available for download from this Web site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Web site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). Astrient Labs is not a party to such Third Party Agreements and Astrient Lab's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

Astrient Labs makes no representation that Materials or services at this Web site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this Web site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Web site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws.


Governing law

This agreement will be governed by and construed according to the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the jurisdiction of the courts and tribunals within the State of Florida, and the United States of America with respect to any such claim. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of Astrient Labs. Any attempted assignment or transfer without such prior written consent from Astrient Labs shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event Astrient Labs is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by Astrient Labs in writing.


Export Laws

By using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the U.S. has embargoed goods. You agree that you will not export or "re-export" (transfer) the Materials or any product that contains the Materials unless you have complied with all applicable United States and foreign government export controls and approvals. For additional information with respect to the United States export controls, you may wish to visit the U.S. Bureau of Industry and Security's web site at: http://www.bxa.doc.gov.

All Astrient Labs products and publications are commercial in nature. The software and documentation available by download on this Site are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.


Access and use

Your access to, and use of the materials contained in, the Web site (regardless of whether or not your access or use is intended) is conditional on your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Web site ("Terms of Use").

Astrient Labs makes the materials on this Website including all information, documents, communications, files, text, graphics, software, and products included on this Web site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by Astrient Labs from time to time (collectively, "Terms and Conditions"). By downloading, installing, or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, download, or install the Materials.

For those Materials made available for download from this Web site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Web site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). Astrient Labs is not a party to such Third Party Agreements and Astrient Labs's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to install, access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

Your use of, and access to, the Web site constitutes your agreement to the Terms of Use and the Terms of Use constitute a legally binding agreement ("this agreement") between you and Astrient Labs. Astrient Labs reserves the right to amend the Terms of Use without notice at any time. Astrient Labs may post notification that the Terms of Use have been changed on the home page of astrientlabs.com from time to time. It is therefore important that you read this page regularly to ensure you are aware of any changes. Since you are bound by these Terms of Use, you should periodically refer to them in this document and elsewhere on the Web site. Please read the Terms of Use carefully and save them. Any questions or comments regarding, or problems with, the Web site should be sent to the site administrator immediately.


Copyright in the Content on the Website

The copyright subsisting in all information, text, material, graphics, software, advertisements and other material on the Web site ("Content") is owned by Astrient Labs, or their suppliers or licensors (as the case may be) unless expressly indicated otherwise on the Web site.

You must not modify, copy, reproduce, communicate to the public, republish, frame, upload to a third party, post, transmit or distribute the Content in any way except as expressly provided for on the Web site or expressly authorized in writing by Astrient Labs or the owner of the copyright subsisting in the Content. The use of materials from the Web site on any other Web site or networked computer environment is similarly prohibited. You must not use the Web site in any manner or for any purpose which is unlawful or in any manner which violates any right of Astrient Labs or the owner of the copyright subsisting in the Content or which is prohibited by the Terms of Use.

All rights not expressly granted in the Terms of Use are reserved.


Use of Software

Any software that is made available to download from this Web site is the copyrighted work of Astrient Labs and/or its suppliers. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the software ("License Agreement"). You may not download or install any Software that is accompanied by or includes a License Agreement unless you have read and accepted the terms of the License Agreement. REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE IS PROHIBITED EXCEPT AS PROVIDED FOR IN THE APPLICABLE LICENSE AGREEMENT.


Copyright in other material

Astrient Labs does not give or make any warranty or representation that material on other Web sites to which the Content is linked does not infringe the intellectual property rights of any person anywhere in the world.

Astrient Labs is, and must not be taken to be, authorizing infringement of any intellectual property rights contained in material on other Web sites by linking that material.


Trademarks

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of Astrient Labs and others. Sun Microsystems, Java and all Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries. LINUX is a registered trademark of Linus Torvalds in the United States of America. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any Astrient Labs trademark, service mark or logo used or displayed in the Materials without the prior express written permission of Astrient Labs. When used with Astrient Labs 's permission, all trademarks must be identified as trademarks of Astrient Labs using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels. In addition, such marks must be listed, identified and attributed as the property of Astrient Labs in a footnote at the end of the communication.


Patents

Astrient Lab's technology and products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.


Content

Changes are made periodically to the Content and the Content could include technical inaccuracies or typographical errors.


Links

The Web site contains hypertext reference links and other pointers to Internet Web sites operated by third parties. These linked Web sites are not under the control of Astrient Labs, and Astrient Labs is not responsible for the contents of any linked Web site or any hypertext reference link contained in a linked web site. Astrient Labs provides these links to you as a convenience only, and the inclusion of any link does not imply any sponsorship or endorsement of the linked Web site, or approval of any material on the Web site, by Astrient Labs. Astrient Labs makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of any material on other Web sites to which Content is linked. You link to any such Web site entirely at your own risk. When visiting other Web sites you should refer to each such Web site's individual terms of use and not rely on this agreement.


Offer of Goods and Services

Astrient Labs may offer you the opportunity to purchase goods and services from Astrient Labs. If you purchase goods or services from Astrient Labs, these Terms of Use will apply to that purchase. In addition Astrient Labs will supply further terms, such as price, payment and delivery terms at the time of purchase.


Limited License for Sample Code

Astrient Labs authorizes you to use a single copy of the Materials solely for non-commercial personal use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Certain code found in the Materials is specifically referenced as sample software code ("Sample Code"). If such Sample Code is accompanied by a License Agreement then the terms of the License Agreement shall govern. If a License Agreement does not accompany or is not included with the Sample Code then such Sample Code shall be governed by these Terms and Conditions and you may copy, perform, display, distribute, create derivative works, modify, and sublicense through multiple channels such Sample Code (in whole or in part).


Disclaimer of liability and warranties

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the functions contained in the Materials will meet your requirements, that the operation of the Materials will be uninterrupted or error-free, or that any defects in the Materials will be corrected. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the adequacy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

You acknowledge that Astrient Labs is not liable for:

  1. any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, computer viruses or communication line failures; or
  2. the theft, destruction, damage or unauthorized access to your computer system or network.

Under no circumstances (including but not limited to any act or omission on the part of Astrient Labs) will Astrient Labs be liable for any loss or damages (including, without limitation, indirect, incidental, special or consequential or punitive damages and damages for loss of profits) whatsoever which result from any use or access of, or any inability to use or access, the Web site or any Content. You expressly acknowledge and agree that Astrient Labs does not exert control over users of the Web site and is not liable either for their opinions or their behavior including any information or advice and any defamatory statements, or offensive or illegal conduct to the fullest extent permitted by law.

To the fullest extent permitted by law, Astrient Labs liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of Astrient Labs to the following:

(a) in the case of services supplied or offered by Astrient Labs:
  1. the supply of the services again; or
  2. the payment of the cost of having services supplied again; and

(b) in the case of goods supplied or offered by Astrient Labs:
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of such goods;
  3. the payment of the cost of replacing the goods or acquiring equivalent goods; or
  4. the payment of the cost of having the goods repaired.

For the avoidance of doubt no Astrient Labs has any liability under this agreement or otherwise in connection with the Web site or the Content.


Indemnity

You agree to indemnify Astrient Labs (its respective parents and affiliates and their respective employees and officers) against any loss or damage suffered, or costs incurred, by them in connection with your use of the Web site or any breach by you of the Terms of Use or any other legal obligation.


Personal Information

Information submitted to Astrient Labs through this Web site is governed by Astrients Labs' Privacy Policy.


User Submission

Astrient Labs does not want to receive confidential or proprietary information from you through our Web site. Except as provided in the Privacy Policy, no ideas, material, computer code, information or other communication you submit or post to the Web site will be considered confidential or proprietary. By sending Astrient Labs any information or material, you grant Astrient Labs and unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Astrient Labs is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. See our Privacy Statement for more information.

All such material becomes the exclusive property of Astrient Labs, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Web site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law.


Assignment

Astrient Labs may sell, transfer, assign or novate this agreement or all or any of its rights and/or obligations under this agreement, in whole or in part, at its discretion and without prior written consent, to any member of the Astrient Labs and, with effect from such sale, transfer, assignment or novation, all references in this agreement or the relevant part of this agreement to Astrient Labs shall be deemed to be to that member of the Thomson Group and Astrient Labs shall be released from all liability to you.


Termination

Astrient Labs may at any time without notice immediately terminate this agreement and your use and access to the Web site. In the event of termination, you are no longer authorised to use or access the Web site, however, all restrictions imposed on you and all Astrient Labs disclaimers and limitations of liability set out in the Terms of Use survive the termination.


Severability

If any provision of this agreement is held invalid, unenforceable or illegal for any reason, this agreement will remain otherwise in full force apart from that provision which will be deemed deleted.


Privacy Policy

Effective 01/01/2006

Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.

Note: the privacy practices set forth in this privacy policy are for this web site only. If you link to other web sites, please review the privacy policies posted at those sites.


Our Commitment to Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our website and at every point where personally identifiable information may be requested.


The Information We Collect:

This notice applies to all information collected or submitted to any of Astrient Labs? website properties. On select pages, you can purchase products or services, make requests, or register to receive materials. The types of personal information collected at these pages are:

  • Name
  • Address
  • Email address
  • Phone number
  • Credit/Debit Card Information
  • (etc.)


    The Way We Use Information:

    We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.

    We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place.

    We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.

    You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.

    We use non-identifying and aggregate information to better design our website. For example, we may determine that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.

    Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.


    Our Commitment to Data Security

    To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.


    Our Commitment to Children's Privacy:

    Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.


    How You Can Access or Correct Your Information

    You can access all your personally identifiable information that we collect online and maintain for a website by signing-in to the website. You can add, modify, or delete your personal information at any time.

    You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.

    To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.


    How to Contact Us

    Should you have other questions or concerns about these privacy policies, please send us an email at info@astrientlabs.com.