TERMS AND CONDITIONS OF USE

These Terms and Conditions of Use were last updated on July 11, 2006

Acceptance of Terms through use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"); for example, you agree not to use this site for unlawful purposes. Our Terms of Use exempt ALMO and other persons and entities from liability and contains other important provisions that you should read.  If you do not agree with each provision of these Terms of Use each time you use the Site, or you are not legally authorized to agree to and accept these Terms of Use, you may not use the Site.  We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

Third Party Sites

This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of Almo Corporation, and you acknowledge that Almo Corporation is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Almo Corporation or any association with its operators.  No rights to use or copy the information on the third party site are granted or implied.

 

Proprietary Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by Almo Corporation, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Almo Corporation is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

 

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Almo Corporation. Permission is granted only when certain limited criteria are met.

 

User's Grant of Limited License

By posting or submitting content to this site, you:

grant Almo Corporation and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Almo Corporation will not infringe or violate the rights of any third party.

 

Procedure for making claims of Copyright Infringement

Introduction. We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please follow the instructions in the following policy. 

 

This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of Almo Corporation (“Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.

 

Designated Agent. The Company’s Designated Agent to receive notification of alleged infringement under the DMCA is Reese Verschelde, 2709 Commerce Way, Philadelphia, PA 19154, (215) 698-4000, rverschelde@almo.com. Upon receipt of notification of claimed infringement, Company will follow the procedures outlined herein and in the DMCA.

 

Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:

 

A. An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

B. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site;

 

C. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material;

 

D. Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

 

E. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

 

F. A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Failure to include all of the above information may result in a delay of the processing of the DMCA notification.

 

Notice and Takedown Procedure. It is expected that all users of any part of the Company computer system will comply with applicable copyright laws. However, if the Company is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing or disabling access to the material that is claimed to be infringing or to be the subject of infringing activity. Company will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

 

Repeat Infringers. Under appropriate circumstances, the Company may, in its discretion, terminate authorization of users of its system or network who are repeat infringers.

 

Accommodation of Standard Technical Measures. It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).

 

Disclaimer of Warranties

BY USE OF THIS SITE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT

YOUR USE OF THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, ALMO, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.  ALMO, ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTY THAT:

1.         THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE;

2.         THIS SITE WILL MEET YOUR REQUIREMENTS;

3.         THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS;

4.         THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS;

5.         ANY ERRORS ON THIS SITE WILL BE CORRECTED; AND

6.         THE DATA AND MATERIALS PRESENTED OR DISPLAYED ON THIS SITE ARE CORRECT, ACCURATE OR RELIABLE.

There are well-known risks involved in obtaining or using any products or services through the Internet.  ALMO cautions you to take steps to understand the risks and the means available to avoid or lessen the risks before obtaining or using any such products or services.

ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT.

Limitation of Liability

IN NO EVENT WILL ALMO, NOR ITS INDIRECT AND DIRECT PARENTS, AFFILIATES AND SUBSIDIARIES BE LIABLE UNDER ANY CLAIM OR CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION ANY CIRCUMSTANCE INVOLVING A FINDING THAT A WARRANTY OR CONDITION OR REMEDY HAS FAILED OF ITS ESSENTIAL PURPOSE), WHETHER THE CLAIM SOUNDS IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR MISREPRESENTATION, BREACH OF STATUTORY DUTY, OR OTHER EQUITABLE OR LEGAL THEORY, FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY SUCH SITES, INCLUDING DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS DAMAGES FOR LOST PROFITS OR REVENUE, LOST DATA, LOST SALES, LOST GOODWILL OR LOSS OF USE OF A PRODUCT, EVEN IF ALMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

Without limiting the generality of the foregoing, in no event will ALMO nor its indirect and direct parents, affiliates and subsidiaries be liable for any direct, indirect, incidental or consequential damages that are caused by or result from:

1.  Your violation of these Terms of Use, or any other agreement relating to use of this Site, as amended from time to time;

2.  Viruses, worms, Trojan horses and other forms of harmful code, which are not detected or removed using ALMO standard virus-detection procedures;

3.  Criminal acts, public authorities acting with actual or apparent authority, authority of law, national or local disruptions in electronic and transportation networks, failures of internet services providers, weather phenomena, natural disasters, and disruption or failure of communication and information systems;

4.  Loss, corruption or loss of access of your personal information;

5.  Your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of services;

6.  Acts, defaults or omissions of any person or entity other than ALMO;

7.  ALMO compliance with verbal or written instructions from you or ALMO failure to honor special instructions not explicitly provided for on the Site;

8.  Your mistake when inputting an electronic instruction;

9. If you fail to log off when you leave your computer or electronic device and someone else accesses your account or any service;

10. If, for any reason, you cannot access your account or any service through your computer or electronic device or the services on this Site do not function; or

11. For any harm or loss to your computer or electronic device or to any records or data contained therein.

 

ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THESE TERMS OF USE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SHALL BE FOREVER BARRED. 

SOME JURISDICTIONS DO NOT ALLOW FOR SOME OR ALL OF THESE LIMITATIONS FOR CONSUMER TRANSACTIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Login Names and Passwords

ALMO may from time to time allow access to the Site or any portion thereof by use of a unique login name and password. The use of a password does not restrict access by ALMO and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized ALMO representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session.

You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms of Use.  You must immediately notify ALMO at webmaster@almo.com if any of the following occur: any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.

ALMO is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You must respond promptly to all email and other correspondence from ALMO, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.

The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.

 

Indemnification

You agree to defend, indemnify and hold ALMO harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys fees arising from or related to your use of this site.

 

International Use

Almo Corporation makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

 

Consent to Jurisdiction

You agree that if you are a resident of the United States, the courts of the Commonwealth of Pennsylvania located in Philadelphia County and in the United States District Court for the Eastern District of Pennsylvania, shall have exclusive jurisdiction to hear and determine all controversies arising out of or related to these Terms of Use or their interpretation, performance or breach.  You expressly submit and consent to such applicable jurisdiction and agree that venue will be proper in such applicable courts.  You further waive the right to trial by jury or transfer or change of the venue based on the grounds of forum non conveniens or otherwise in any litigation that may arise between the parties.

Applicable Laws

FOR UNITED STATES RESIDENTS, THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD TO ANY CONFLICTS OF LAWS RULES AND WITHOUT GIVING EFFECT TO ANY RULES OF PRIVATE INTERNATIONAL LAW OR CONVENTION OR OTHER PRINCIPLES GIVING RISE TO THE APPLICATION OF OTHER LAWS (“PA LAW”).  For all other users, these Terms of Use will be governed by PA LAW UNLESS EXPRESSLY PROHIBITED BY THE LAWS OF THE LOCATION OF SUCH USERS.

Trademark Ownership

ALMO is a registered trademark and may not be used without the written permission of Almo Corporation. All product and service marks contained herein that are not ALMO marks are the trademarks of their respective owners.

 

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Almo Corporation with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Almo Corporation with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Survival

The termination of the agreement created by your acceptance of these Terms of Use will not affect or prejudice any rights or obligations which have accrued or arisen under these Terms of Use prior to the time of termination or which expressly or by their nature survive the termination or expiry of these Terms of Use and those rights and obligations will continue in full force and effect subsequent to and notwithstanding such termination until they are satisfied or by their nature expire.  Without intending to limit the generality of the foregoing the following provisions will survive the termination of these Terms of Use and will apply to any claim that you may have against ALMO after the termination of these Terms of Use for any reason:  Confidentiality; Submissions; Disclaimer of Warranties; Limitation of Liability; Indemnification; Applicable Laws; and Arbitration and Consent to Jurisdiction

Waiver

A waiver of any default, breach or non-compliance under these Terms of Use is not effective unless in writing and signed by ALMO. No waiver will be inferred from or implied by any failure to act or delay in acting by ALMO in respect of any default, breach, non-observance or by anything done or omitted to be done by you. The waiver by ALMO of any default, breach or non-compliance under these Terms of Use will not operate as a waiver of ALMO’s rights under these Terms of Use in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).

Successors and Assigns

These Terms of Use will take effect to the benefit of, and will be binding on, the parties and their respective successors and permitted assigns provided that you may not assign these Terms of Use or any of your rights or obligations hereunder without the prior written consent of ALMO. ALMO may assign these Terms of Use or any of its rights or obligations hereunder to a subsidiary or an affiliate or to a purchaser of all or substantially all of ALMO’s assets provided the assignee agrees in writing to assume and be bound by all or the assigned portion of ALMO’s obligations under these Terms of Use, whereupon ALMO will be released from all or such assigned portion of its obligations under these Terms of Use.

Electronic Documents

When you visit this Site or send email to us, you are communicating with us electronically.  You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site.  This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business.  Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

Termination

Almo Corporation reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.