Terms of Use
Using this website means that you accept these terms—by visiting
this website you agree to be bound by the terms and conditions of
this Agreement. If you do not agree please do not use or access our
Site.
This Terms of Use Agreement applies to our services available under
the domain and subdomains of astecs.org (the "Site"). Astecs is
operated by Cambridge Manhattan Group, LLC. For the purposes of this
Agreement, we refer to Cambridge Manhattan Group, LLC as ‘Astecs’,
‘us’ or ‘we’. Similarly, this Agreement may refer to you as ‘you’,
‘member’, ‘user’, or ‘viewer’.
You must read, agree with and accept all of the terms and conditions
contained in this Terms of Use Agreement and the
Privacy Policy, which include those
terms and conditions expressly set out below and those incorporated
by reference, before you may become a member or access this Site.
Click here for details of our
Privacy Policy.
1—Over 18 Years of Age
We restrict access to the Site to adults. Please do not use this
website, or send any personal information to us, if you are under 18
years of age.
2—Privacy
Registration Data and certain other information about you is
subject to our Privacy Policy. Click here for details.
3—Description of Service
This Site provides a collection of business-related articles and
information gathered through interviews with third-parties, links to
third-party sites and other editorial information.
This Site provides you with access to a rich collection of
resources, including, various communications tools, forums,
personalized content and branded programming (the "Service"). You
also understand and agree that the Service may include
advertisements and that these advertisements are necessary for us to
provide the Service. You also understand and agree that the service
may include certain communications from us, such as service
announcements, administrative messages and newsletters, and that
these communications are considered part of our membership and you
will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the
current Service, including the release of new properties, shall be
subject to this Terms of Use Agreement.
You understand and agree that the Service is provided "AS-IS" and
that Astecs assumes no responsibility for the timeliness, deletion,
mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access
to the Service and that access may involve third party fees (such as
Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or
delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
4—Not a Legal Advice Service
Although some of the business topics covered by the Service
involve legal issues, questions and answers, Astecs does not provide
legal advice. FOR LEGAL ADVICE, CONSULT A LICENSED ATTORNEY. You
hereby waive any rights that Astecs is licensed in this regard.
5—Membership Eligibility
Our services are available only to, and may only be used by
individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available
to children (persons under the age of 18) or to temporarily or
indefinitely suspended members. If you do not qualify, please do not
use our Site. Further, your Astecs account (including feedback) and
User ID may not be transferred or sold to another party. If you are
registering as a business entity, you represent that you have the
authority to bind the entity to this Agreement.
6—Your Registration Obligations
You agree to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true,
accurate, current and complete. If you provide any information that
is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
7—Member Account, Password & Security
You will receive a password and account designation upon
completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account, and
are fully responsible for all activities that occur under your
password or account. You agree to (a) immediately notify us of any
unauthorized use of your password or account or any other breach of
security, and (b) ensure that you exit from your account at the end
of each session. We cannot and will not be liable for any loss or
damage arising from your failure to comply with this Section.
8—Member Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from which such Content
originated. This means that you, and not Astecs, are entirely
responsible for all Content that you upload, post, email, transmit
or otherwise make available via the Service. Astecs does not control
the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand
that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
Astecs be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of the use of any
Content posted, emailed, transmitted or otherwise made available via
the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any
Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to,
a Astecs official, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any
Content that you do not have a right to make available under any law
or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
f. upload, post, email, transmit or otherwise make available any
Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any
unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid schemes," or any
other form of solicitation, except in those areas (such as shopping
rooms) that are designated for such purpose (please read our
complete Spam Policy);
h. upload, post, email, transmit or otherwise make available any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users of the Service are able to type, or
otherwise act in a manner that negatively affects other users'
ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to,
regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users.
n. promote or sell technologies that violate any import/export
regulations.
o. sell or promote unregistered shares or any form of securities in
violation of the Securities Act of 1933, the Securities Exchange Act
of 1934 and any other rules related to securities transactions
regulated by organizations and agencies such as the Security
Exchange Commission (the "SEC") and the National Association of
Securities Dealers (the "NASD").
You acknowledge that Astecs may not pre-screen Content, but that
Astecs and its designees shall have the right (but not the
obligation) in their sole discretion to remove any Content that is
available via the Service. Without limiting the foregoing, Astecs
and its designees shall have the right to remove any Content that
violates this Terms of Use Agreement or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created
by Astecs or submitted to us, including, without limitation,
information in Astecs Message Boards, and in all other parts of the
Service.
You acknowledge, consent and agree that Astecs may access, preserve,
and disclose your account information and Content if required to do
so by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal
process; (b) enforce this Terms of Use Agreement; (c) respond to
claims that any Content violates the rights of third-parties; (d)
respond to your requests for customer service; or (e) protect the
rights, property, or personal safety of Astecs, its users and the
public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital
materials to be protected, and use of these materials is subject to
usage rules set by Astecs and/or content providers who provide
content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Service, in whole
or in part, is strictly prohibited.
9—Content Submitted or Otherwise Made
Available for Inclusion on the Service
You are solely responsible for the content of your information,
and Astecs acts merely as a conduit for its distribution and
publication. You agree to remove out-of-date and inaccurate listings
and content you have submitted to the Site.
We have the right, in our sole discretion, to accept or reject
content for inclusion on the Service at any time.
Astecs does not claim ownership of Content you submit or make
available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant Astecs the following
world-wide, royalty free and non-exclusive license(s), as
applicable:
a. With respect to Content you submit or make available for
inclusion on publicly accessible areas of Astecs Groups, the license
to use, distribute, reproduce, modify, adapt, publicly perform and
publicly display such Content on the Service solely for the purposes
of providing and promoting the specific Astecs Group to which such
Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or Astecs removes
such Content from the Service.
b. With respect to photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible area of the
Service, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service
solely for the purpose for which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate
at the time you remove or we remove such Content from the Service.
c. With respect to Content other than photos, graphics, audio or
video you submit or make available for inclusion on publicly
accessible areas of the Service other than Astecs Groups, the
perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and
to incorporate such Content into other works in any format or medium
now known or later developed.
"Publicly accessible" areas of the Service are those areas of Astecs
network of properties that are intended by Astecs to be available to
the general public. By way of example, publicly accessible areas of
the Service would include Message Boards.
10—Term of Membership
Unless otherwise agreed, your membership will be valid for one
year from the date of commencement and your membership will
automatically renew at the expiration of the one-year term.
11—Identity Verification
We use techniques to verify the accuracy of the information our
users provide us when they register on the Site. However, because
user verification on the Internet is difficult, Astecs cannot and
does not confirm each user's purported identity. You may also wish
to consider using a third party escrow service or services that
provide additional user verification.
12—Release
In the event that you have a dispute with one or more users, you
release Astecs (and our officers, directors, agents, subsidiaries,
joint venturers, shareholders, owners and employees) from claims,
demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such
disputes. If you are a California resident, or the business entity
you represent is subject to California law, you waive California
Civil Code §1542, which says: "A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him
must have materially affected his settlement with the debtor."
13—Acceptance of Risk
We do not control the information provided by other users that is
made available through our system. You may find other user's
information to be offensive, harmful, inaccurate, or deceptive.
Please use caution, common sense, and practice safe trading when
using the Site. Please note that there are also risks of dealing
with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international
trade and foreign nationals. By using this Site, you agree to accept
such risks and Astecs is not responsible for the acts or omissions
of users on the Site.
14—Termination
You agree that Astecs may, under certain circumstances and
without prior notice, immediately terminate your account, and access
to the Service. Cause for such termination shall include, but not be
limited to, (a) breaches or violations of this Terms of Use
Agreement or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a
request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Service (or any part
thereof), (e) unexpected technical or security issues or problems,
and (f) extended periods of inactivity. Termination of your Astecs
account includes (a) removal of access to all offerings within the
Service, including but not limited to Message Boards and Alerts, (b)
deletion of your password and all related information, files and
content associated with or inside your account (or any part
thereof), and (c) barring further use of the Service. Further, you
agree that all terminations for cause shall be made in Astecs's sole
discretion and that Astecs shall not be liable to you or any
third-party for any termination of your account or access to the
Service.
Without limiting any other remedies, Astecs may suspend or terminate
your account if we suspect that you (by conviction, settlement,
insurance or escrow investigation, or otherwise) have engaged in
fraudulent activity in connection with the Site.
You agree that we may remove the content you have posted, submitted
or otherwise made available for inclusion on the Service if we
decide it is harmful, misleading or otherwise inappropriate for our
viewers.
Upon termination by Astecs, you will be eligible for a pro-rata
refund of your pre-paid membership fee. As an illustration, if have
paid an annual membership fee of $120.00 and your membership is
terminated by Astecs after 7 months, then you will be eligible to
receive a refund of $50.00 (calculated at (5/12) X $120) .
15—Access and Service Interference
You agree that you will not: (i) take any action that imposes, or
may impose in our sole discretion an unreasonable or
disproportionately large load on our infrastructure; (ii) copy,
reproduce, modify, create derivative works from, distribute or
publicly display any content (except for your information) from the
Site without the prior written permission of Astecs and the
appropriate third party, as applicable; (iii) interfere or attempt
to interfere with the proper working of the Site or any activities
conducted on the Site; or (iv) bypass any robot exclusion headers or
other measures we may use to prevent or restrict access to the Site.
16—Confidential Information
You agree that you will not disclose your own trade secrets, or
commercially sensitive information, even in listings. You further
agree not to disclose or circulate confidential information you
receive from other users of the Site.
17—We do Not Guarantee Accuracy
Astecs is not responsible for the accuracy of listing information
you may find on the Site.
18—We do Not Guarantee Uninterrupted Service
We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of the Site may be interfered with by
numerous factors outside of our control.
19—International Users
Recognizing the global nature of the Internet, you agree to
comply with all local rules regarding online conduct and acceptable
Content.
20—Proprietary Rights & Copyright
All rights in and to the Site, Astecs database (the "Database"),
the written components thereof and the services available on the
Site and materials provided in connection therewith are proprietary
to Astecs. The Site, its content and the materials utilized by
Astecs in rendering Services are protected by copyright, both with
respect to individual content and as a collective work and/or
compilation, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. You may not modify, publish,
create derivative works from, distribute or otherwise exploit any of
the content or software on the Site, or other Astecs materials
without our prior written consent. You may, however, print portions
of the Site's content for individual use, provided that you maintain
all copyright and other notices contained in such content.
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by
applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service
or advertisers is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws. Except as
expressly authorized in writing by Astecs or advertisers, you agree
not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service or the Software, in whole or
in part.
Astecs grants you a personal, non-transferable and non-exclusive
right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party
to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the
Software in any manner or form, or to use modified versions of the
Software, including (without limitation) for the purpose of
obtaining unauthorized access to the Service. You agree not to
access the Service by any means other than through the interface
that is provided by Astecs for use in accessing the Service.
21—Links
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because we have no control
over such sites and resources, you acknowledge and agree that Astecs
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for
any Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and
agree that Astecs shall not be responsible or liable, directly or
indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods
or services available on or through any such site or resource.
22—Service Interference
You agree not to use any device, software or routine to interfere
with the proper working of the Site or which is intended to damage,
interfere with, surreptitiously intercept or expropriate any system,
data or personal information. You agree not to take any action that
imposes an unreasonable load on our infrastructure. You agree not to
take any actions that may undermine the integrity of any feedback
system, such as: leaving feedback for yourself; leaving feedback for
other users using secondary accounts or third parties; or leaving
feedback intended to influence action that is outside the scope of
the Site. You are solely responsible for compliance with all
applicable laws and regulations regarding your use of the Services
and transfers of technologies in which you are involved, including
without limitation all applicable import/export requirements, and
Astecs will have no responsibility with respect thereto.
23—No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell
or exploit for any commercial purposes, any portion of the Service
(including your Astecs I.D.), use of the Service, or access to the
Service.
24—Force Majeure
Astecs will not be liable for delays, errors or omissions in
performance due to your failure to provide required resources,
access to personnel, information or facilities or to causes beyond
its reasonable control, and will be entitled to a reasonable
extension of time to remedy any such delay or failure to perform.
25—NO WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ASTECS EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. ASTECS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ASTECS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN this Terms of Use Agreement.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER
SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO
HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR
FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO
USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE
OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY
INVOLUNTARY MOVEMENT, OR CONVULSIONS.
26—LIMIT TO LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ASTECS SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF ASTECS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE
SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING
TO THE SERVICE.
27—EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
28—Indemnity
You agree to indemnify and hold Astecs, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the Service,
your violation of this Terms of Use Agreement, or your violation of
any rights of another.
29—Legal Compliance
You are solely responsible for compliance with all applicable
laws and regulations regarding your use of the Service.
30—Modifications to Service
Astecs reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that Astecs
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
31—Dealings with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated
with such dealings, are solely between you and such advertiser. You
agree that Astecs shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
32—No Third Party Beneficiaries
You agree that, except as otherwise expressly provided in this
Terms of Use Agreement, there shall be no third party beneficiaries
to this Agreement.
33—Trademarks
Astecs is a trademark of Cambridge Manhattan Group, LLC. Without
our prior permission, you agree not to display or use in any manner,
this or any other marks belonging to us. All other trademarks belong
to their respective owners.
34—Governing Law & Jurisdiction
This Agreement shall be governed by the laws of the State of
California, without reference to conflicts of law principles. Both
parties consent to submit to the jurisdiction of the Superior Court
of the County of Santa Clara, California.
35—Waiver and Severability of Terms
The failure of Astecs to exercise or enforce any right or
provision of this Terms of Use Agreement shall not constitute a
waiver of such right or provision. If any provision of this Terms of
Use Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of this Terms of Use
Agreement remain in full force and effect.
36—Entire Agreement
This Terms of Use Agreement constitute the entire agreement
between you and Astecs and govern your use of the Service,
superseding any prior agreements between you and Astecs. You also
may be subject to additional terms and conditions that may apply
when you use or purchase certain other Astecs services, affiliate
services, third-party content or third-party software.
Questions
If you have any questions on this Terms of Use Agreement, please
email us at the following address:
TermsOfUseQuestions@astecs.org.
