Intellectual Property

©2018 Automation Pioneer. The materials on this website are the subject of copyright protection and are the proprietary property of Automation Pioneer. Copyright entitles the owner to the exclusive right to copy and reproduce the materials. Copying or reproducing the materials may infringe the copyright. You are permitted only to download, display, print or reproduce the materials in unaltered form for personal, non-commercial use, research or study. Automation Pioneer and our licensors retain all rights with respect to the Website and Automation Pioneer Content except those expressly granted to you in these Terms. You may not (i) access, view, modify or otherwise use any portion of our Website not made expressly accessible to you, or (ii) modify, copy, distribute or otherwise use the Website or Automation Pioneer Content without our express permission. Requests for authorization to use the materials contained on this website for any other purpose should be directed in writing to the Automation Pioneer Incorporated, Legal Department at 650 South Webster Ave, Anaheim, California, 92804.

No copyright is claimed on materials, formats or styles, which originated from outside sources when it can be conclusively demonstrated or apparent that the copyright was originated by some other person, corporation or entity. The FULL AUTOMATION INCORPORATED name, logo and associated design, and those of any affiliated company, are registered trademarks owned by Automation Pioneer Incorporated. These names, logos, and designs may not be used in any manner inconsistent with Automation Pioneer Incorporated’s ownership rights thereto. Third party trademarks found on our websites are the property of their respective owners. Any other techniques, business information, technical information, specifications, and other such “intellectual property” that may be found on or disclosed within our websites is for informational purposes only and may not be sold or distributed for commercial gain.

User Submissions

In the course of using the Website, you and other users may provide information which may be used by Automation Pioneer in connection with the Website and which may be visible to certain other users. You understand that by posting information or content on the Website or otherwise providing content, materials or information to Automation Pioneer or in connection with the Website, including, without limitation, information you have made available automatically through your use of a Automation Pioneer product (collectively, “User Submissions”), Automation Pioneer hereby is and shall be granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Website and Automation Pioneer’s (and its successors’ and assigns’) business, including without limitation for promoting and redistributing part or all of the Website, associated services and User Submissions (and derivative works thereof) in any media formats and through any media channels; however, Automation Pioneer will only share your personally identifiable information in accordance with Automation Pioneer’s Privacy Policy in effect from time to time. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website, Automation Pioneer products and under this Agreement. Furthermore, you understand that Automation Pioneer retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to Automation Pioneer does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed in writing. You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that Automation Pioneer will not be liable for any errors or omissions in any content. You understand that Automation Pioneer cannot guarantee the identity of any other users with whom you may interact in the course of using the Website. Additionally, Automation Pioneer cannot guarantee the authenticity of any data, which users or merchants may provide about themselves. You acknowledge that all User Submissions and other Content accessed by you while using the Website is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Automation Pioneer be liable in any way for any User Submissions, including, but not limited to, any errors or omissions in any User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Website.

Automation Pioneer reserves the right to remove any User Submissions from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submissions or if Automation Pioneer is concerned that you may have breached our Acceptable Use Guidelines), or for no reason at all. You, not Automation Pioneer, remain solely responsible for all User Submissions that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Website, and you warrant that you possess all rights necessary to provide such User Submissions to Automation Pioneer and to grant Automation Pioneer the rights to use such information in connection with the Website and as otherwise provided herein. You are responsible for all of your activity in connection with the Website.

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Disclaimers

Automation Pioneer Incorporated will make commercially reasonable efforts to provide timely, accurate information (the determination of which is solely within our judgment and discretion) that appears on its Website. Nonetheless, some errors may find their way into the Website or may be inconsistent with information or facts that develop within the marketplace. Automation Pioneer DOES NOT PROMISE THAT THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT YOU WILL OBTAIN SPECIFIC RESULTS FROM YOUR USE OF THE WEBSITE OR YOUR USE OF ANY CONTENT, SEARCH OR LINK ON IT. WHEN YOU ACCESS THE WEBSITE, YOU DO SO AT YOUR OWN RISK.

– We assume no responsibility for your use of our Websites

Automation Pioneer Incorporated, its affiliates, officers and employees assume no responsibility in relation to the use of this Website, the Automation Pioneer Content or any information contained in it. Automation Pioneer Incorporated makes no representation as to the availability, accuracy, or completeness of the content of this Website. Automation Pioneer Incorporated shall not be liable for any damages or injury resulting from users’ access to or inability to access this Website or from reliance on any information at this Website. In addition we reserve the right to interrupt, discontinue, or disable access to any or all of the functionality of this Website or to change its content at any time without prior notice, but we do not assume any responsibility to update it. We assume no liability regarding any use of the information within our Websites and you agree that we shall not be liable for any modification, suspension, interruption or discontinuance of access to the Website, or for cancellation of your account registration.

– We make no warranties

The Automation Pioneer Content, materials and information contained on, or obtained from this Website, are distributed and transmitted “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied. Further, Automation Pioneer Incorporated and its affiliates do not warrant that the Servers supporting the Website will be free of viruses, other harmful components, or defects of any nature. Information contained on this Website, including information obtained from external links thereon, is provided without any representation of any kind as to accuracy and should be verified by the user. NO WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR SATISFACTION, IS MADE IN RELATION TO THE AVAILABILITY, ACCURACY, RELIABILITY OR CONTENT OF THE WEBSITE OR THESE TERMS OF USE. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Automation Pioneer INCORPORATED AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT ON IT, EVEN IF Automation Pioneer INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Automation Pioneer INCORPORATED WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW

– UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL Automation Pioneer INCORPORATED AND ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR FOR BUSINESS INTERRUPTION ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR ANY CONTENT ON IT, EVEN IF Automation Pioneer INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF Automation Pioneer INCORPORATED WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

– Our websites provide no legal advice

The information contained in this Website and the Websites of any company affiliated with Automation Pioneer Incorporated are not intended to be legal advice or professional technical advice. Any information posted on any Automation Pioneer Incorporated Website should be considered as general information only.

– Technical terms we use may require special definitions

The information in our Websites may use terms that have technical meanings that may be different from their ordinary meanings and require specialist knowledge and expertise to understand properly and use effectively.

– Posted information may not be complete or may contain errors

We make our best efforts to provide comprehensive, complete and current information on our Websites. It is possible, however, that there may be additional information about one or more products that is not posted to a website. Please use our Contact Us Form to notify us of any errors or if you need additional information about one of our products or any other information on a Automation Pioneer Incorporated Website. The specifications of the products listed in our catalog sheets, correct at the date of publication, are subject to change without notice.

Typographical or pictorial errors within our Websites which are brought to our attention will be corrected in subsequent updates. Product dimensions in our catalog and installation sheets are nominal and are provided for the convenience of our customers. We reserve the right to make changes from time to time, without notice, which may change the dimensions or information shown.

– Third party information may be unreliable; third party disputes

Some of the information contained in this Website is provided to Automation Pioneer Incorporated and its affiliates by third parties. It is not possible for Automation Pioneer Incorporated and its affiliates to check exhaustively the accuracy of all information provided by third parties. Inaccuracies may arise in that information in different ways, and those inaccuracies may not be evident to users of this Website. Although we may provide links to other websites (“Linked Sites”) as a matter of convenience for our users, Automation Pioneer has no control over these Linked Sites and we do not necessarily share their viewpoints and cannot guarantee the accuracy or authenticity of the information within those websites. Use these Linked Sites at your own risk. The presence of a Linked Site on the Website does not and should not be taken as implying an endorsement or approval of the content of the Linked Site by Automation Pioneer, the activities of the organizations and businesses responsible for those websites, or any policies associated with such websites whether or not those policies are published. Under no circumstances is Automation Pioneer Incorporated responsible or liable for any privacy, intellectual property, or other policy of a Linked Site provided on a Automation Pioneer Incorporated Website or a website of a company affiliated with Automation Pioneer Incorporated.

You agree that Automation Pioneer shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Automation Pioneer is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Automation Pioneer, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do waive California Civil Code Section 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.”

– There are inherent security risks with on-line services

It is unlikely that there will ever be a security system that is utterly infallible and unbreakable by a concerted attack with enough time, skill, and resources.

Automation Pioneer Incorporated has three types of security associated with its websites. One type is for a publicly available website – no login is required, and there is no encryption of any information. The second type is semi-secure – a login system requires a user ID and a password, but there is no encryption of any exchanged information. The third type of website has the highest security – a login system is used with an encrypted data communication system based on Secure Sockets Layer (“SSL”) encryption. This highest level of security would be used where financial information and orders are involved. Highly secured sites will generally have a URL that begins with https://. . ., and some browsers will show an icon of a closed lock to indicate a secured connection.

You should be aware, however, that there are some inherent risks associated with the transmission of information via the Internet, and with using SSL as the encryption mechanism. If you do not wish to use any of the Automation Pioneer Incorporated company online services, you can transact with us by mail at the address listed in the Contact Us section of these Terms.

In an effort to protect your Personal Information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, maintain data accuracy, and ensure the correct use of information, we have put in place reasonable and appropriate physical, electronic, and managerial procedures. As a result, although we strive to protect your Personal Information, we cannot ensure or warrant the security of the Personal Information against any possible loss or unauthorized access.

– Fees and Payment 

Although some of our services are currently free to users, Automation Pioneer reserves the right to require payment of fees for certain or all services. You shall pay all applicable fees, as described on the Website in connection with such services selected by you. Automation Pioneer reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

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– Upload, email or otherwise transmit any images or other user content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography or is otherwise objectionable.

– Disseminate materials that impact or invade the privacy of others, such as photographs, video clips, sound recordings, personally identifiable information, or other materials that reveal personal, private or sensitive information about another person, without that person’s consent.

– Submit material that is intentionally false, defamatory, unlawfully threatening or unlawfully harassing.

– Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Electronic materials – such as music, videos, games, images and text in electronic form – can easily be copied, modified and sent over networks (such as the internet). These electronic materials are thus extremely vulnerable to unauthorized distribution and copyright infringement. These materials may not be transmitted over the Website without the copyright owner’s permission or without a legitimate “fair use” justification for the transmittal.

– Transmit materials that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

– Use the Website to artificially generate traffic or page links to a website or for any other purpose not expressly allowed under these Terms.

– Use the Website in a manner that could disable, overburden or impair the Website or Services or interfere with any other party’s use and enjoyment of the Website and Services, such as through sending “spam.”

– Use the Website to test or reverse engineer the Website in order to find limitations, vulnerabilities or to evade filtering capabilities.

– Seek to obtain access to any materials or information through “hacking”, “data harvesting” or through other means we have not intentionally made available to you through the Website, including use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website.

– Use the Website for any purpose that is unlawful or prohibited by these Terms. For example, you will not use the Website to violate any law, statute or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).

Monitoring; Revocation or Suspension of Use Privileges.

Although we have no – and assume no – obligation to monitor activities on the Website, we reserve the right at any time to (i) monitor your use of the Website, and (ii) terminate or suspend your use of some or all of the Website or Services if you engage in activities that we conclude, in our discretion, breach our Acceptable Use Guidelines or otherwise violate these Terms or our Privacy Policy.

You should also understand that our Acceptable Use Guidelines are based in many instances on principles of applicable law. Violations of our Acceptable Use Guidelines accordingly may expose you to criminal charges, and civil liability to harmed parties for compensatory damages and attorney’s fees. Automation Pioneer reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, consistent with our Privacy Policy.

Contact for Alleged Copyright Infringement. 

Automation Pioneer respects the intellectual property rights of others and requires that its users do the same. If you believe that content on the Website or other activity taking place on the Website constitutes infringement of a work protected by copyright, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the “DMCA”) to respond to such concerns, as follows:

• Automation Pioneer
• Attn: General Counsel
• 650 S Webster Ave
• Anaheim, CA 92804
• Or, you may use the Contact Us Form

Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed above:

A. A physical or electronic signature of the content provider or user;

B. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

C. A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

D. Content provider’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or, if the content provider’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Automation Pioneer may send a copy of the counter-notice to the original complaining party informing that person that Automation Pioneer may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Automation Pioneer’s discretion.

Rules For Sweepstakes, Contests, Raffles And Promotions.

In addition to the terms and conditions of this Agreement, any sweepstakes, contests, raffles or similar promotions (collectively, “Promotions”) made available through the Website may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. Automation Pioneer urges you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such Promotion. To the extent that the terms and conditions of such Promotion rules conflict with these Terms, the terms and conditions of such Promotion rules shall control.

Promotions, discount rules or coupon codes for a free gift with purchase will result in one free gift per order, not per item, unless otherwise noted. Only one coupon code, discount rule or promotion may be used per order, unless otherwise noted. Promotions, discount rules and coupon codes are valid only to the listed expiration date. Promotional/Coupon codes are subject to change at any time. In order to receive a free item with a promo code, the item must be added to your shopping cart and the promo code added during checkout; cost of the free item will be taken off of your total.

Indemnity.

You agree to defend, indemnify and hold Automation Pioneer Incorporated and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms.

Termination. 

These Terms shall remain in full force and effect while you use the Website and associated services. You may terminate your use of the Website and services at any time. Automation Pioneer may terminate or suspend your access to the Website or services or your account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. Automation Pioneer may also terminate or suspend any and all services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms. Upon termination of your account, your right to use the services, access the Website, and any Content will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Modifications to these Terms.

We may modify and change these Terms over time. We will not “retroactively” change these Terms, and any modifications we make shall take effect proactively, once you next access the Website. Please feel free to print out a copy of the current Terms for your records.

Assignment.

These Terms shall not be assignable by you, either in whole or in part. Automation Pioneer Incorporated reserves the right to assign its rights and obligations under these Terms.

General.

These Terms shall be governed in all respects by the laws of the State of California without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts in the State of California, in the judicial district where Automation Pioneer Incorporated resides.  The parties further agree that any cause of action arising under this Agreement shall exclusively be brought in such courts. You acknowledge and agree that any disputes under these Terms (i) will be resolved on an individual basis, and that class arbitrations and class actions are not permitted, and (ii) you are giving up your right to have a trial by jury. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND Automation Pioneer ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Automation Pioneer’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The terms and conditions contained herein set forth the entire understanding and agreement between Automation Pioneer and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

Relationship to Privacy Policy.

These Terms must be read in conjunction with our Privacy Policy. The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control.

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Contact Us.

If you have any questions about these Terms, the practices of this Website, or your dealings with Automation Pioneer Incorporated, please contact us using our Contact Us Form or by writing to us at:

• Automation Pioneer
• 650 South Webster Ave
• Anaheim, CA 92804

Effective Date.

The effective date of these Terms is March 12, 2018.