Updated: June 17, 2020
Astound Commerce and its affiliates and subsidiaries (collectively “Astound” or “we”) provides its content on this Website (the “Site”) subject to the following terms and conditions (the “Terms”). We may periodically change the Terms, so please check back from time to time. By accessing and using this Site, you agree to and are bound by these Terms.
All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Astound or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Astound and its licensors. You agree that you will not refer to or attribute any information to Astound or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotional purposes, or for the purpose of informing or influencing any third party, and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Astound or its licensors, without written permission from Astound.
3. Use of Site and Documents
Astound hereby authorizes you to make a single copy of the content displayed on the Site (the “Site Content”) for your use in learning about, evaluating or acquiring Astound services or products, provided (i) you mark such copy “© 2014 Astound Commerce, All Rights Reserved.”; (ii) the use of such copy is for informational and non-commercial or personal use and will not be copied or posted on any network computer or broadcast in any media; and (iii) no modifications to such copy are made. You may not otherwise print, copy, reproduce, distribute, disclose, transmit, upload, download, store, perform, display in public, post, alter, or modify the Site Content.
4. Notices of Copyright Infringement
Astound will respond to notices of copyright infringement that comply with applicable law. If a copyright holder believes that there has been a violation of his/her copyright on the Site, please write to Astound at the address shown below. In accordance with the Digital Millennium Copyright Act (DMCA) (17 U.S.C. § 512), the written notice must contain substantially the following:
identification of the copyrighted work that is claimed to have been infringed;
identification of the allegedly infringing material on the Site that is requested to be removed, with information sufficient to permit us to locate the material;
your name, address, daytime telephone number, and e-mail address;
a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the owner, its agent, or the law;
a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and
the signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of the right.
Astound’s contact for submission of notices is:
Attn: General Counsel
Astound Commerce Corporation
1111 Bayhill Drive, Suite 425
San Bruno, CA 94066
Telephone number: +1.800.591.4710
The content and functionality on the Site is provided for informational purposes only and does not create a business or professional services relationship between you and Astound. All content and functionality on the Site is provided “as is” and Astound makes no representation or warranty of any kind with respect to this Site or any site or service accessible through this Site. Astound expressly disclaims all express and implied warranties, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Astound and its third-party content providers make no representation or warranties, express or implied, as to the ownership, accuracy, or adequacy of the site content. Astound shall have no liability or responsibility for any information published on linked websites, contained in any content published on the site, or provided by third parties. In no event will either Astound or its third-party content providers be liable to any party for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) whether or not advised of the possibility of such damages or losses and regardless of the theory of liability.
6. Third-Party Websites
7. No Unlawful or Prohibited Use
You may not use the Site for any purpose that is unlawful or prohibited by the terms and conditions provided herein. You may not use the Site in any manner that could damage, disable, overburden or otherwise impair any Astound server or the network(s) connected to any Astound server, or interfere with any other person’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site or the computer systems or networks connected to any Astound server through any means. You may not obtain any materials or information through any means not intentionally made available to you through the Site.
8. Termination of Access
Astound reserves the right to terminate your access to the Site at any time, without notice, for any reason whatsoever. Astound reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Astound’s sole discretion.
Astound reserves the rights, at its sole discretion, to change, modify, add, or remove any portion of the Site Content, including the Terms, in whole or in part, at any time and without prior notice. You are responsible for regularly reviewing these Terms. Your continued use of the Site after any such modifications, changes or alterations, will be considered acceptance of such modifications, changes or alterations.
10. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of California without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of California.