APPLIED SPECTRAL IMAGING TERMS OF USE

Applied Spectral Imaging welcomes you to our website at http://www.spectral-imaging.com/ (together with its subdomains, Content, Marks and services, the “Site”). Please read the following Terms of Use carefully before using this Site so that you are aware of your legal rights and obligations with respect to Applied Spectral Imaging, its affiliates and subsidiaries (individually and collectively, “ASI”, “we”, “our” or “us”).

CONSENT AND MODIFICATION
By accessing or using the Site, including, without limitation, viewing any of the Content (defined below), you signify your assent to: (i) these Terms of Use; (ii) our Privacy Policy (defined below); and (iii) any other legal notices published by us on the Site (collectively the “Site Terms”). The Site Terms apply to all visitors and users of the Site. If you do not agree to the Site Terms, then please do not access or otherwise use the Site and any of its services. We reserve the right, at our discretion, to change the Site Terms at any time. Such change will be effective immediately upon posting of the revised Site Terms on the Site, and your continued use of the Site thereafter means that you accept those changes. We encourage you to review the Site Terms regularly. The last revision will be reflected in the “Last Updated” footer or heading. If you object to any term or condition of these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse and sole remedy is to immediately discontinue use of the Site.
AGE REQUIREMENT
The Site is only intended for individuals aged thirteen (13) years or older. If you are under 13 years please do not visit or use the Site. If you are between 13 and 18 years of age, then you must review these Terms of Use with your parent or guardian before visiting or using the Site to make sure that you and your parent or guardian understand these Terms of Use and agree to them.
SITE ACCESS AND USE
We hereby grant you a limited right to access and use the Site subject to, and provided that you fully comply at all times with, the Site Terms. We reserve the right to discontinue or amend, or suspend or restrict your access to, this Site (or any part thereof) and/or any service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.
ACCOUNT
In order to use some of the services of the Site (“Services”) or have access to certain Content, you may be required to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission. When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any breach of security or unauthorized use of your Account. You are solely responsible and liable for the activity that occurs in connection with your Account. For more information regarding the Account please review our Privacy Policy.
SITE RESTRICTIONS
You agree at all times to comply with the Site Terms and any applicable law, and you further agree not to: (i) copy, distribute or modify any part of the Site without our prior written authorization; (ii) transmit or upload any Content which contains software viruses, or other harmful computer code, files or programs; (iii) disrupt or overload servers or networks connected to the Site; (iv) without our express permission, use or launch any automated system (including, without limitation, “robots” and “spiders”) to access the Site; (v) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site; (vi) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (vii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (viii) use the Site to invade the privacy rights of any Site user or third party; and/or (ix) use the Site for any unlawful, harmful, irresponsible or inappropriate purpose.
INTELLECTUAL PROPERTY RIGHTS
The Site and its entire content, including, without limitation, the text, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, functionalities and services (collectively, the “Content”) and the trademarks, service marks and logos contained therein (collectively, the “Marks”), are the property of ASI and/or its licensors and affiliates, and may be protected by applicable copyright or other intellectual property laws and treaties. We reserve all rights not expressly granted in and to the Site, the Content and the Marks. “ASI”, the ASI logo, and other marks are Marks of ASI or its affiliates. You must not use such marks without the prior written permission of the ASI. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
USE OF CONTENT
The Content on the Site is provided to you for your informational and personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed,
de-compiled, or otherwise exploited for any other purposes whatsoever (including, without limitation, for any commercial purpose or for consideration of any sort) without ASI’s prior written consent. If you use, copy, download, or print a copy of the Content you must retain all copyright and other proprietary notices contained therein. Your use of the Content, or any part thereof, is made solely at your own risk and responsibility.
INFORMATION DESCRIPTION
We attempt to be as accurate as possible. However, we cannot and do not represent or warrant that the Content available on the Site is accurate, complete, reliable, current or error-free.
DISCLOSURE
We reserve the right to access, read, preserve and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce the Site Terms, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ASI, its users or the public.
PRIVACY POLICY
We will use any personal information that we may collect or obtain in connection with the Site in accordance with our privacy policy, which is available at http://asien.wpengine.com/privacy-policy/ (“Privacy Policy”). You agree that we may use personal information that you provide or make available to us in accordance with our Privacy Policy.
LINKS FROM THE SITE
The Site may contain links to third party websites that are not owned or controlled by ASI. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third party websites. By using the Site, you expressly release ASI from any and all liability arising from your use of any third party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third party website that you may choose to visit.
LINKS TO THE SITE
ASI permits you to link to the Site provided that (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with ASI or present any false information about ASI and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior consent; (iv) you shall not link from a website that you do not own; (v) your website and domain name do not contain content that (a) is offensive or controversial (both at our discretion), or (b) infringes or violates any intellectual property, privacy or other rights of any person or entity; and/or (vi) you, and your website, comply with the Site Terms and applicable law.
WARRANTY DISCLAIMERS
Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. THE SITE (INCLUDING THE CONTENT AND ANY OTHER SERVICES PROVIDED THEREBY) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ASI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ASI DOES NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS, OR THAT IT WILL ALWAYS BE AVAILABLE. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT ASI WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY. EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY, ASI DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN DURING THE COURSE OF YOUR USE OF THE SITE.
LIMITATION OF LIABILITY
1. UNDER NO CIRCUMSTANCES SHALL ASI, INCLUDING OUR AFFILIATES, AND OUR RESPECTIVE FOUNDERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE SITE TERMS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY CONTENT, EVEN IF ASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. THE AGGREGATE LIABILITY OF ASI ARISING OUT OF OR RELATED TO THE SITE TERMS, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, FOR ALL CLAIMS, DAMAGES AND LOSSES SHALL UNDER NO CIRCUMSTANCES EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ASI FOR YOUR USE OF THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE GIVING RISE TO SAID CLAIM.
INDEMNITY
You agree to defend, indemnify and hold harmless ASI and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of, or inability to use, the Site or any Content; or (ii) your violation of the Site Terms.
TERM AND TERMINATION
These Terms of Use are effective until terminated as set forth in this Section 16. ASI may terminate these Terms of Use at any time with or without cause (including, without any limitation, for a breach of the Site Terms) in its sole discretion. Upon termination of these Terms of Use, you shall cease all use of the Site. This Section 16 and Sections 6 (Intellectual Property Rights), 10 (Privacy Policy), 13 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), 17 (Assignment), 18 (Governing Law and Disputes) and 19 (General) shall survive any termination of these Terms of Use.
ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ASI without restriction or notification to you.
GOVERNING LAW AND DISPUTES
The Site Terms and the relationship between you and ASI shall be governed by and construed in accordance with the laws of the New York, without giving effect to its choice of law rules. You agree that any legal action arising out of or relating to the Site Terms and/or your use of, or inability to use, the Site shall be filed exclusively in the competent courts of the state of new York, New York and you hereby consent and submit to the personal and exclusive jurisdiction and venue of, and waive any jurisdictional, venue, or inconvenient forum objections to, such courts. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
GENERAL
The Site is currently made available for free, but ASI may in the future charge a fee for certain uses. The Site Terms shall constitute the entire agreement between you and ASI concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under the Site Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.