Arcate provides the information and services on its Website(s) (“Site”) under the following terms and conditions.
this Site, then you should NOT use the part of the Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
Arcate reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. Arcate reserves the right to terminate or restrict access to the Site for any reason whatsoever at its sole discretion.
2. LAWS AND REGULATIONS. Your access to and use of this Site is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the Site in any way that violates such laws or regulations.
3. COPYRIGHT NOTICE. Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rest with ARCATE or its licensors. All rights in the Content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of ARCATE or the copyright owner. All copyright and other proprietary notices shall be retained on all permitted reproductions. Permission is granted to display, copy, distribute and download the materials on this Site for personal,
non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without AL MARINE’s permission, “mirror” any material contained on this Site on any other server.
This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy, communications, regulations and statutes.
Any material or information sent through or in connection with this Site by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of AL MARINE, subject to the applicable Privacy Statement posted on this Site.
ARCATE may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.
This Site may contain references to specific ARCATE products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local ARCATE business contact for further information.
4. TRADEMARKS. Unless otherwise indicated, all trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of ARCATE (or its affiliates, subsidiaries or divisions). These include each of AL MARINE’s primary product brands and service offerings and its corporate logos and emblems.
5. TAMPERING. User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in AL MARINE’s Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
6. INDEMNITY. You agree to defend, indemnify, and hold harmless AL MARINE, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software) or your breach of the terms of this Agreement. ARCATE shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
7. THIRD PARTY INFORMATION. Although ARCATE monitors the information on the Site, some of the information may be supplied by independent third parties. While ARCATE makes every effort to insure the accuracy of all information on the Site, ARCATE makes no warranty as to the accuracy of any such information.
8. LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other Web sites that are not under the control of AL MARINE. The links are only provided as
a convenience and ARCATE does not endorse any of these sites. ARCATE assumes no responsibility or liability for any material that may accessed on other Web sites reached through this Site, nor does ARCATE make any representation regarding the quality of any product or service contained at any such site.
9. LINKS TO THIRD PARTY SITES. ARCATE prohibits unauthorized links to the Site and the framing of any information contained on the site or any portion of the Site. ARCATE reserves the right to disable any unauthorized links or frames. ARCATE has no responsibility or liability for any material on other Web sites that may contain links to this Site.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL ARCATE OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR DIVISIONS, BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF ARCATE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST ARCATE PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO ARCATE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
11. NO WARRANTIES. Although care has been taken to ensure the accuracy of information on this Site, ARCATE assumes no liability therefore. Information and documents provided on this Site are provided “AS IS” and “AS AVAILABLE”. ARCATE hereby disclaims any representations and warranties of any kind, either express or implied, including without
limitation warranties of merchantability, fitness for a particular purpose, non-infringement, title or as to operation or content. ARCATE uses reasonable efforts to include accurate and up-to- date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. ARCATE periodically adds, changes, improves, or updates the information and documents on this Site (including but not limited to products, pricings, programs, events, and offers) without notice. ARCATE assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
12. PRIVACY. Protecting the privacy of our clients and users of our Sites is important to AL MARINE. The ARCATE Privacy conditions, as part of the general terms and conditions as updated and amended from time to time, describes how we use and protect information you provide to us.
13. SECURITY. The security of information transmitted through the Internet can never be guaranteed. ARCATE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. ARCATE DOES NOT WARRANT THAT THE SITE OR THE SERVERS, WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY
ARCATE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. ARCATE is not
responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of ARCATE sites. In order to protect you and your data, ARCATE may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
14. TRANSMISSION OF PERSONAL DATA. You acknowledges and agree that by providing ARCATE with any personal information through the Site, you consent to the transmission
of such personal information over international borders as necessary for processing in accordance with AL MARINE’s standard business practices and the applicable Privacy Statement.
15. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
16. FORWARD-LOOKING STATEMENTS. The information on this Site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of ARCATE or any of its affiliates and certain plans and objectives of ARCATE with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of business spending in major economies, the levels of marketing and promotional expenditures by ARCATE and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the euro and the US dollar can
materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes.
17. SPECIFIC SOFTWARE AVAILABLE ON THIS SITE. Any software that may be made available to download from the Site (the “Software”) is the copyrighted work of Arcate and/ or a third party providing that Software. Software made available for downloading from or through this Site is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software (“License Agreement”). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in
the applicable License Agreement, the Software is made available for use by end users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. ARCATE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.