Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Welcome to the web site, www.amalgamindustries.com (the "Site") . This Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the "Agreement"). By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not view or otherwise use this Site.
From time to time, when you use particular services or purchase products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Amalgam Industries, Inc., its subsidiaries and affiliates (collectively, "Amalgam") by posting changes at the Site. Use by you after a change to these terms and conditions has been so posted by Amalgam shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site.
Amalgam prepared this Site for scientific and technical information use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted.
This Site is for the use of individuals located in the United States and Canada (the "Territory").
The information and other material published on this Site is accurate to the best of Amalgam's knowledge after reasonable investigation. However, this information and material may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Amalgam reserves the right to change the Site at any time, in its discretion. Amalgam does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Amalgam shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.
EXCEPT FOR THE FOREGOING LIMITED WARRANTIES, AMALGAM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES CONTAINED OR DISCUSSED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES ARE PROVIDED "AS IS" TO THE FULLEST EXTENT PERMISSIBLE BY LAW WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. IN NO EVENT SHALL AMALGAM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE OR THROUGH HYPERTEXT LINKS, IF ANY TO THIRD PARTY SITES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE, EVEN IF AMALGAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM AMALGAM'S NEGLIGENCE OR GROSS NEGLIGENCE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, AMALGAM'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
AMALGAM DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. AMALGAM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. AMALGAM DOES NOT AND CANNOT REVIEW ALL MATERIALS, IF ANY, POSTED TO THE SITE BY USERS, AND AMALGAM IS NOT RESPONSIBLE FOR ANY SUCH MATERIALS POSTED BY USERS. HOWEVER, AMALGAM RESERVES THE RIGHT AT ALL TIMES TO DISCLOSE ANY INFORMATION AS NECESSARY TO SATISFY ANY LAW, REGULATION OR GOVERNMENT REQUEST, OR TO EDIT, REFUSE TO POST OR TO REMOVE ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, THAT IN AMALGAM'S SOLE DISCRETION ARE OBJECTIONABLE OR IN VIOLATION OF THIS AGREEMENT.
ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE BODY OF THE SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
No unlawful or prohibited use
Please note that we require of you, as a condition of your use of this Site, that you will not use this Site or post any information or material on this Site, for any purpose or in any manner that is unlawful, violates any third party's rights, or is prohibited by these terms, conditions and notices. You understand that Amalgam may suspend or terminate your access to its site in its discretion if you violate this provision or any other provision of the Agreement and that Amalgam may delete all or any portion of any material you post.
Links to third party sites
This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Amalgam is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such Sites or any association with their operators. Amalgam reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site's home page. No use of Amalgam, Amalgam or any other materials on this Site may be made in connection with such link without Amalgam's approval, and Amalgam reserves the right to bar such link at any time.
Use of information and suggestions provided by you regarding this Site
Use of your suggestions to Amalgam regarding new products, features or processes
(a) A submission will not in any way establish a confidential relationship nor will it place Amalgam in the position of receiving a submission in trust; and Amalgam shall not be obligated and makes no commitment to treat or maintain as confidential such submissions.
(b) Amalgam shall have the right to retain any material submitted to it, to make copies thereof and to retain the same in its files.
(c) No obligation is assumed by Amalgam or may be implied by the receipt or examination of the submission unless or until a formal written agreement signed by Amalgam and by you, and then Amalgam's obligations shall be only as expressed in that written agreement.
Changes to the Site
Please be aware this Site is a "work in progress". Therefore, Amalgam may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, document, information, database or content. Amalgam may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Your representations and warranties
You represent, warrant and covenant that:
(a) you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which (I) restrict or inhibit any other user from using the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, (vii) are false regarding you, or (vii) constitute or contain false or misleading indications of origin or statements of fact;
(b) all information you provide about yourself shall be true and accurate;
(c) you are at least 18 years old (or are using this Site with the permission of your parents);
(d) you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; and
(e) when using this Site you will be located within the Territory.
In the event your activity on the Site requires the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Site secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password.
You hereby agree to indemnify, and hold Amalgam, and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. Amalgam shall have the right to defend, settle and compromise any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of Amalgam.
Bulletin Board Use
The Site may include a bulletin board, discussion room, blog, chat room or other similar interactive portion of the Site ("Bulletin Board") on which you may be encouraged to post material and information. You understand that your use of the Bulletin Board is subject to this Agreement, including, without limitation your warranties, representations and obligations of indemnification set forth herein. Amalgam reserves the right but does not assume any obligation to refuse to permit material to be posted, to edit, remove and use any information on the Bulletin Board in its discretion and you waive any claim against Amalgam in connection therewith. Any information you post on such Bulletin Board may be viewed by other users and thus we at Amalgam strongly recommend that you use prudence and caution in selecting the information and material you post, including, without limitation, material about yourself and others or information that identifies you or others. You agree not to use the personal information of other users of the Site, whether or not posted on the Bulletin Board, other than for the purpose for which such information was provided to you by such user, but in any case for no unlawful or offensive purpose.
In certain, limited circumstances Amalgam may share or transfer personal information to unrelated third parties. For example, Amalgam may provide personal information to a third party (i) at your request; (ii) to comply with a legal requirement or court order; (iii) to investigate a possible crime, such as identity theft; (iv) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of Amalgam Industries, Inc. or one of its business units; or (v) under similar circumstances. If such an event occurs, we will take appropriate steps to protect your personal information.
Questions, Complaints, Comments or Service Contact
(a) Technical Questions. If you have any questions about this Site, or if
you have technical problems in accessing information on our Site, please contact:
(b) Concerns about possible infringement or inappropriate conduct or content on the Site. If you believe that certain software, information or other content on the Site violates your rights or the rights of others, or if you believe that another user is violating the terms of this Agreement, please feel free to contact us at Robertw@amalgamindustries.com. We do not commit to following up or resolving your concerns, but may do so in our discretion.
(a) Termination by Amalgam. Amalgam may at any time, without prior notice
and at its sole discretion, terminate this Agreement, in whole or in part,
with or without cause and with no obligation of prior notice to you.
(b) Your remedy. You may terminate prospective application of this Agreement at any time by ceasing to use the Site. Your sole remedy against Amalgam in the event of dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement.
(c) Your Data. In the event of termination of this Agreement, Amalgam may delete and/or store in its discretion, data associated with your use of the Site.
Certain statements contained on these Web pages may constitute "forward-looking statements" within the meaning of the United States Private Securities Litigation Reform Act of 1995. These forward-looking statements involve numerous assumptions, known and unknown risks, uncertainties and other factors that may cause actual future performance or achievements of the Amalgam to be materially different from any future estimated performance or achievements expressed or implied by any such forward-looking statements. These risks, uncertainties and other factors are described in Amalgam's filings with the Securities and Exchange Commission, if any. Amalgam assumes no duty to update its Web site and users are advised that the information contained herein is subject to change and may not be current.
Your rights and obligations under this Agreement and in using the Site are not assignable.
This Agreement is governed by the internal laws of the State of New Mexico applicable to agreements entered into and wholly to be performed therein without giving affect to its principles of conflicts of laws. You hereby agree that any claim by you (or those claiming through you) arising out of your use of this Site or material appearing on this Site, shall be resolved by binding arbitration conducted in Los Alamos, New Mexico, and shall be arbitrated on an individual basis (and not consolidated with any claim of any other party). Arbitration shall be conducted under the rules of the American Arbitration Association provided that notwithstanding any rules therein, no claim shall be consolidated with the claim of any other party. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of the terms and conditions of this Agreement, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Amalgam as a result of this Agreement or your use of the Site.
This Agreement is subject to existing laws and legal process. Nothing in this Agreement shall derogate Amalgam's right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Amalgam with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement contains the entire agreement between you and Amalgam with respect to this Site. It supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Amalgam with respect to this Site.
Amalgam owns the compilation copyright to this Site. © Amalgam 2009, All rights reserved. Flexlock is a trademark of Samsonite Corporation. Use of this trademark does not indicate sponsorship or authorization by Samsonite Corporation of this Site or its contents.
This Agreement was last revised on January 12, 2008.