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Terms of Use and Privacy Policy

 

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SITE.

Intended Audience/Use: Advanced Ground Systems Engineering, LLC ("AGSE") provides this Web site to you, subject to these Terms of Use and the Privacy Policy. The Terms of Use and Privacy Policy may be updated by AGSE from time to time without notice to you. You can review the most current version of the Terms of Use and/or Privacy Policy at: http://www.agsecorp.com/legal.php. This Web site and other AGSE Web sites that are linked to this site or affiliated with this site (collectively, the "Web site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Web site (collectively "Content"), is intended for the lawful use of AGSE's customers, prospective customers and employees. Competitors of AGSE and their representatives and agents are strictly prohibited from use of this Web site. The Web site is controlled and operated in whole or in part by AGSE from its offices within the United States. AGSE makes no representation that these materials are appropriate or available for use in other locations. Those who access the Web site from other locations do so at their own risk and are responsible for compliance with applicable local laws. You acknowledge that AGSE reserves the right in its sole discretion to refuse or terminate access to the Web site by you at any time.

Acceptance of Terms: You acknowledge that you have read and agree to be legally bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation United States' export and re-export control laws and regulations regarding the transmission of technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable content. You represent that you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Membership: The Membership feature of this Web site allows you to receive exclusive information about special offers, media events, new products and much more. If you're not already registered, simply complete our sign-up form to receive these special messages. If at any time you would like to stop future delivery of e-mails, please follow the removal instructions located at the bottom of each message or complete the Removal from E-Mail form. Competitors of ASGE and their representatives and agents are strictly prohibited from membership.

Restrictions on Use of Content: © Copyright 2008-2010 AGSE LLC. All Rights Reserved. THE UNAUTHORIZED COPYING, DISPLAYING OR OTHER USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF THE LAW. You acknowledge having been advised by AGSE that the Content is protected in the United States and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws, and other proprietary rights laws (collectively "Rights"). In addition to AGSE's Rights in individual elements of the Content, AGSE owns a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Web site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Web site or ordering products or services from the Web site. This permission terminates automatically if you breach any of the Web site Terms of Use. If pursuant to an express written authorization from AGSE, you download software or other materials from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data and other materials, are deemed to be licensed to you by AGSE. Neither title nor intellectual property rights are transferred to you, but remain solely with AGSE, who owns full and complete title. You may not use, resell, decompile, reverse engineer, disassemble, or otherwise convert the software or other materials to a perceivable form without express written consent of AGSE. AGSE does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Web site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software or materials repeatedly for uses other than those expressly permitted, may not be made without AGSE's prior express written consent.

Trademarks and Service Marks: There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Web site. By making them available on this Web site, AGSE is not granting you a license to use them in any fashion. Access to this Web site does not confer upon you any license or right under any of AGSE's or any third party's intellectual property rights. All product or service names not owned by AGSE are the property of their respective owners.

Submission of Information: AGSE does not guarantee the security of any information transmitted to or from the Web site. You understand and agree to assume the security risk for any information you provide using the Web site. Other than requested registration information, do not send any confidential or proprietary information to AGSE through the Web site. Except for the personally identifiable information relative to you, any information you do send to AGSE through the We site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit, you hereby grant AGSE an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that AGSE is free to use any ideas, concepts, know-how or techniques that you send AGSE for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by AGSE will not infringe or violate the rights of any third party. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Policy below.

You are prohibited from posting or transmitting to or from the Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Participation in Web Site Activities: If you choose to participate in a promotion or other AGSE sponsored activity ("Website Activity"), you agree to comply with any rules or regulations governing such Website Activity. Additionally, as a condition of your continued participation in the Website Activity, you agree not to: 1)upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2)harm minors in any way; 3)impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4)forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website Activity; 5)upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6)upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participation in the Website Activity and may result in additional legal actions being taken by AGSE.

Links to Third Party Sites: This Web site may provide links to other third-party World Wide Web sites or resources. AGSE makes no representations whatsoever about any other Web site which you may access through this Web site. Because AGSE has no control over such sites and resources, you acknowledge and agree that AGSE is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Web site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. AGSE makes no representation or warranty as to any third party content, products or services, and you agree that AGSE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.

Disclaimer of Warranty: AGSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEB SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE WEB SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS WEB SITE. THE CONTENT OF THE WEB SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, AGSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AGSE SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

Limitation of Liability: AGSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEB SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF AGSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THE TOTAL LIABILITY OF AGSE TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEB SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEB SITE.

Revisions: AGSE may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that AGSE shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. AGSE may at any time revise these Terms of Use by updating this posting. By using the Web site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web site Terms of Use to which you are bound.

Termination: You agree that AGSE, in its sole discretion, may terminate or restrict your use or access to this Web site (or any part thereof) for any reason, including, without limitation, that AGSE's suspicion you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Web site.

Indemnity and Injunctive Relief. You agree to indemnify, defend and hold harmless AGSE and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Web site and any violation of these Terms of Use. If you cause a technical disruption of the Web site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. AGSE reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with AGSE in the defense of such matter. You also agree that in the event you breach or threaten breach of any of the terms and conditions contained herein, AGSE shall be entitled to injunctive and other equitable relief in the event of such breach or threatened breach, without the posting of any bond unless required, in addition to any other rights or remedies which AGSE may possess.

General Information: These Terms of Use constitute the entire agreement between you and AGSE and govern your use of the Web site, superceding any prior agreements between you and AGSE relating to your use of this Web site. You may also be subject to additional terms and conditions that may apply when you use, purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a AGSE-sponsored program or service, or use or download software or materials. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of AGSE to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Web site you agree that the statutes and laws of the United States and the State of California, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the Web site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Los Angeles, California, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or the Terms of Use or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

PRIVACY POLICY

AGSE, through agsecorp.com, collects customer information to make your online experience the very best on the Internet. We respect your privacy, and we assure you that we will use our best efforts to maintain and use this information responsibly.

Information Collection: You can generally visit our Web site without revealing any personally identifiable information about yourself. AGSE gathers navigational information about where you go on our Web site. This information allows us to see which areas of agsecorp.com are most visited. This helps us improve the quality of visitors' online experiences by recognizing and delivering more of the features, services and products our visitors prefer. Additional non-personally identifiable information (e.g., domain type, browser version, service provider and IP address) may be collected which will provide information regarding your use of our Web site (such as the time of your last visit to a page on our site). We collect this information through "cookie" technology as explained below.

We use browser cookies on this Web site. Browser cookies are bits of text that are placed on your computer's hard drive when you visit certain web sites. We use browser cookies to tell us, for example, whether you've visited us before or if you're a new visitor and to help us identify site features in which you may have the greatest interest. Browser cookies may enhance your online experience by saving your preferences while you are visiting a particular site, and cookies allows registered users to avoid reentering information upon every new visit to our site. Please consult your browser's Help section to stop accepting cookies.

In addition, in certain sections of this Web site, you may complete a registration form or profile, participate in surveys or questionnaires, provide us with feedback, contact us with questions, comments, or request information. Due to the nature of some of these activities, we may collect personally identifiable information about you such as your name, address, email address, phone number, username, password, gender, and other contact information that you voluntarily transmit with your communication to us. AGSE may also collect information that you provide to us when you contact us (via phone, email or other method of requesting assistance) or that you voluntarily post in our spaces available from our Web site.

Information Use: Any information you provide to us at this Web site when you establish/update an account or request information (i.e., name, address, e-mail address and telephone number), is maintained in private files on our secure Web server and our internal systems. This information is used to enable AGSE to deliver services and notices to you. If you are visiting our Web site from a location outside of the United States, your connection will be through and to servers located in the United States. See Notice to European Users below. We may transfer the personal information we collect on this site to other countries where we do business, but we will do so only for the purposes described above. When we transfer your information to other countries, we will protect that information as described here unless otherwise required by applicable laws.

AGSE does not sell, rent or trade your e-mail address to third parties. We may, however, use third parties to help us provide services to you, such as monitoring site activity, conducting surveys, and administering e-mails, drawings or contests. If personally identifiable information (i.e., name, address, e-mail address and telephone number) is provided to any of these third parties, we will require that such information be maintained by them in strictest confidence.

We may participate with certain reputable companies who offer you the ability to establish a membership that would enable you to participate in digital wallets, payment services or rewards programs. In this regard, if you elect to establish membership in a program sponsored by one of these companies, we would disclose only the information to them required to make their program work and support your membership with them (typically name of the user). AGSE is not responsible for the privacy practices of the companies sponsoring these membership programs and we suggest you review the privacy policy of each company with whom you may be considering a membership.

You should be aware that we may disclose specific information about you if necessary to do so by law or based on our good faith belief that it is necessary to conform or comply with the law or is necessary to protect the users of our Web site or the public.

Updating of Personal Information: We prefer to keep your personal information accurate and up to date. To do this, we provide you with the opportunity to update or modify your personal information by logging into your account.

Links to Other Web Sites: For your convenience and information, our Web site may contain links to other sites. AGSE is not responsible for the privacy practices or content of such Web sites nor for any use of such sites.

Notice to European Users: The information you enter on this Web site or otherwise provide to AGSE may be transferred outside of the European Union to the United States of America, which does not offer an equivalent level of protection to that required in the European Union. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation and self-regulation. Article 26 of the European Union's Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his or her consent to the transfer of personal information, regardless of the third country's level of protection. By agreeing to the terms of use and this Privacy Policy, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by AGSE on its servers located in the United States of America as described in this Privacy Policy.

Children: AGSE recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. This Web site is a business-to-business targeted site and is not intended for children under the age of 13. AGSE does not target its services or this Web site to children under 13, nor under 18 for that matter. AGSE does not knowingly collect or maintain personally identifiable information from children under the age of 13. AGSE adheres to the Children's Online Privacy Protection Act and all other applicable laws involving children and the Internet.

Change in Control: AGSE reserves the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided through this web site in a manner that is consistent with this Privacy Policy.

Changes and Updates in Policy: This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our online information practices. If elements of our Privacy Policy change, we will post the policy changes in our Privacy Policy on this Web site under the "Legal and Privacy" tab. If you are concerned about how your personal information is used, please visit our site often for this and other important announcements about Advanced Ground Systems Engineering LLC. You acknowledge that your continued use of this Web site will be subject to the terms of our then-current Privacy Policy.

How to Contact Us: If you have questions or concerns with respect to our Privacy Policy, please feel free to contact us by one of the following methods:

*Via email at general@agsecorp.com
*Via mail addressed to: AGSE LLC, 10805 Painter Avenue, Santa Fe Springs, CA 90670
*By telephone at: (562) 906-9300.

Copyright © 2008-2010 AGSE LLC. All rights reserved. 

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