Terms and Conditions

Terms and Conditions of Sale


PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site and purchasers of Actuonix Motion Devices Inc. products agree that use of this site, purchase and/or use of Actuonix Motion Devices Products are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site and do not use Actuonix Motion Devices products.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Actuonix Motion Devices Inc.. The collective work includes works that are licensed to Actuonix Motion Devices Inc.. Copyright 2014, Actuonix Motion Devices Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Actuonix Motion Devices Inc. or purchasing Actuonix Motion Devices Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Actuonix Motion Devices Inc. or to purchase Actuonix Motion Devices Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Actuonix Motion Devices Inc.. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Actuonix Motion Devices Inc. used in the site are trademarks or registered trademarks of Actuonix Motion Devices Inc.

DO NOT USE PRODUCTS SOLD BY ACTUONIX AS CRITICAL COMPONENTS IN LIFE SUPPORT SYSTEMS OR AIRCRAFT.

Products sold by Actuonix are not authorized for use as critical components in life support systems or aircraft. A critical component is any component or system whose failure to perform can be reasonably expected to cause the failure of the life support system or aircraft, or to affect its safety or effectiveness. Any attempt to purchase any Actuonix product for that purpose is null and void and Actuonix accepts no liability whatsoever in contract, tort or otherwise whether or not resulting from our or our employees' negligence or failure to detect an improper purchase. All orders, regardless of how they are placed, are specifically subject to all the terms and conditions contained herein. No change, alteration, deletion or modification of any of these terms and conditions is permitted. No person is authorized to accept, confirm or vary these terms and conditions including all representations and warranties unless they have been posted on this Web site. Orders placed on forms deviating from these terms and conditions will be accepted on the basis that Actuonix Terms and Conditions will prevail.

Technical assistance and design support services - Disclaimer of Warranties; Release of Claims

Actuonix offers technical assistance and design support services as a convenience to Actuonix customers. Actuonix personnel strive to provide useful information regarding Actuonix products. Actuonix does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Actuonix shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or the customer's reliance on such information or recommendation. The customer is solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Actuonix personnel, and any reliance on such information or recommendation is at the customer's sole risk and discretion. Accordingly, the customer shall release and hold Actuonix harmless from and against any and all loss, liability, and damage incurred by the customer or any third party as a result of any information or recommendation provided to the customer or the customer's reliance on such information or recommendation.

General Disclaimer of Warranties; Limitation of Liability

Actuonix makes no warranty, either expressed or implied with respect to any product, and specifically disclaims all other warranties, including warranties for merchantability, non-infringement, and fitness for any particular purpose. Actuonix's sole obligation and liability for product defects shall be, at Actuonix's option, to replace such defective product or refund to customer the amount paid by customer therefore. In no event shall Actuonix's liability exceed the buyer's purchase price. The foregoing remedy shall be subject to buyer's written notification of defect and return of the defective product within ninety (90) days of purchase. The foregoing remedy does not apply to products that have been subjected to misuse, neglect, accident or modification, or to products that have been soldered or altered during assembly, or are otherwise not capable of being tested. In no event shall Actuonix be liable to the buyer or to any third party for any indirect, incidental, special, consequential, punitive or exemplary damages (including without limitation lost profits, lost savings, or loss of business opportunity) arising out of or relating to any product or service provided or to be provided by Actuonix, or the use or inability to use the same, even if Actuonix has been advised of the possibility of such damages.

Infringement Disclaimer

Actuonix: (i) expressly disclaims any and all warranties against third party claims for infringement or the like, and
(ii) shall have no obligation of any kind to the buyer for claims brought by third parties against the buyer for infringement or the like arising out of or in any way related to product purchased by the buyer from Actuonix.


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Actuonix Motion Devices Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Actuonix Motion Devices Inc. does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Actuonix Motion Devices Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Actuonix Motion Devices Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Actuonix Motion Devices Inc. in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Actuonix Motion Devices Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Actuonix Motion Devices Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Actuonix Motion Devices Inc., Actuonix Motion Devices Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Actuonix Motion Devices Inc.. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Actuonix Motion Devices Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).