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WebSite Privacy Statement CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE AGREEMENT (the "Agreement"). This Agreement constitutes the complete and exclusive statement of the agreement between the American Association of Textile Chemists and Colorists ("AATCC", including references to "us", "our" and "we") and the user of this site ("user", including references to "you" and "your") and this Agreement supersedes any proposal or prior agreement, oral or written, and any other communication relating to the subject matter of this Agreement. AATCC may revise the terms in this Agreement for the Site at any time without notice. This Agreement was last updated February 2000. BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE THEN CURRENT VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS WEBSITE. 1. Terms of Use This website (the "Site") is hosted and operated by AATCC. Access to the Site from territories where its contents are illegal is prohibited. By accessing the Site, you agree to be bound by these terms in the Agreement, all applicable laws and regulations (including export and re-export control laws) and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use the Site. The materials contained in the Site are protected by applicable copyright and trademark law. Please review the Copyright and Trademarks pages for additional details. Permission is granted to temporarily download one copy of the materials on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: (1) modify or copy the materials, use the materials for any commercial purpose or for any public display (commercial or noncommercial); (2) attempt to decompile or reverse engineer any software contained on the Site; (3) remove any copyright or other proprietary notations from the materials; (4) transfer the materials to another person; or (5) "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by AATCC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format. Materials and other items purchased from the Site may be governed by licenses and other legal terms that may differ from the terms in this Agreement. 2. No Warranties; Disclaimer of Liability Because of the possibility of human and mechanical error as well as other factors, AATCC is not responsible for any errors in or omissions from the information contained in or accessed through this Site. ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. AATCC MAKES NO REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF ANY SERVICES OR PRODUCTS ON OR ASSOCIATED WITH THIS SITE. AATCC MAKES NO WARRANTY THAT THE SERVICES OR PRODUCTS ON THIS SITE WILL MEET YOUR REQUIREMENTS, OR THAT ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AATCC IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AATCC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. USE OF THE INFORMATION ON THIS WEBSITE IS AT YOUR SOLE RISK. IN NO EVENT WILL AATCC BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, MULTIPLE, PUNITIVE, SPECIAL OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY USE OR RELIANCE UPON THE SERVICE OR ANY INFORMATION AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OR DAMAGE TO DATA, OR DAMAGE TO YOUR COMPUTER SYSTEMS, EVEN IF YOU HAVE ADVISED AATCC OF THE POSSIBILITY OF SUCH DAMAGES. Some U.S. states and foreign countries provide rights in addition to those above or do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you, or there may be state provisions which supersede the above. Any clause of this disclaimer declared invalid by the appropriate authority shall be deemed severable and shall not affect the validity or enforceability of the remainder. The terms of this disclaimer are governed by the laws of the State of North Carolina in the United States of America and may only be amended in a writing signed by AATCC. The information, products and services contained or referred to on this Site may change or be updated without notice. 3. Indemnification You agree to indemnify and hold harmless AATCC (including, but not limited to, AATCC’s officers, employees, directors, agents, successors and assigns) from any and all claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement, the infringement by you or other user using your computer or account, any intellectual property infringement, or infringement of any other right of any person or entity. 4. Disclaimer of Web Links Hypertext links to other websites ("Web Links") are provided as a convenience only. Any reference to a Web Link obtained from this Site does not necessarily constitute or imply any ownership, sponsorship, endorsement, or any other relationship between AATCC and anything found at such Web Link, including, but not limited to, any organization, product, process, service or other information. Furthermore, your linking to another site is entirely at your own risk. AATCC is willing to immediately remove any Web Link upon written request by the owner of the site to which such Web Link references. The views and opinions expressed in any referenced Web Link do not necessarily state or reflect those of AATCC. 5. User Submissions Any information, data, material or other information you transmit or post to this Site ("Submitted Information") will be considered non-confidential and non-proprietary. AATCC will have no obligations with respect to the Submitted Information, and may, at its option and without compensation to you, disclose, distribute, copy, incorporate, or otherwise use the Submitted Information for any and all commercial and non-commercial purposes. You may not transmit or post anything to this Site that is unlawful, threatening, pornographic, libelous, defamatory, or that would otherwise violate any law. Any personal information submitted to AATCC through the forms on this Site is governed according to AATCC's Privacy Statement. 6. Forums Information posted on any forum, bulletin board, e-mail lists (including listserves), or similar portions of the Site (collectively referred to as "Forums") is supplied by third parties and other users unless AATCC or its authorized representative identifies itself as the content poster. Any opinions, statements, services, offers, or other information or content expressed or made available by third parties or any other user should be used for informational purposes only and are those of the respective author(s) and not of AATCC. You shall not post any of the following material in any Forums:
AATCC does not monitor Forums but reserves the right to monitor Forums to determine compliance with this Agreement as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Please contact AATCC if you believe that any user on a Forum violates this Agreement. Notwithstanding these rights, you remain solely responsible for the content of your postings. You acknowledge and agree that neither AATCC nor any third party content provider assumes or has any liability for any action or inaction by AATCC or any third party content provider with respect to any posting on the Forums. 7. User Names When using this Site, you shall not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that AATCC, in its sole discretion, deems offensive. AATCC is committed to providing appropriate protection for personal information that is collected from customers and visitors to this Site. This Privacy Statement describes our general principles for the collection and use of personal information. (a) IP Addresses This Site collects and uses IP addresses to help diagnose problems with AATCC’s servers and to administer the Site. On this Site’s pages where you may purchase or license products, information or services, your IP address is also used to help identify you and your shopping cart and to gather broad demographic information. (b) Cookies Cookies are small bits of text that can be placed by AATCC’s web servers into a file on your computer hard drive. AATCC may use cookies to help deliver content tailored to your specific interests. If you do not wish to accept cookies on to your hard drive, please check the instructions on your browser. (c) Personal Information Collected From Site This Site offers you the ability to purchase or license certain products or services online. In order to complete the order process, you must complete various order forms. Through these forms AATCC collects contact information (such as name, address, e-mail address and telephone numbers) as well as financial information (such as account or credit card numbers). The information collected during the online shopping process is used to process your order and to facilitate your relationship with AATCC. Financial information collected from you is used only to bill you for the products and services that you have requested. Contact information from the order form is used to process your order, such as e-mailing you with questions that we may have about your order. We may also use your contact information to send you information about other AATCC products and services as well as promotional material that may be of interest to you from other companies. If you do not want to receive these promotional announcements, you may opt-out by clicking here [optoutprivacy@aatcc.org] and e-mailing us to request deletion of your name from our mailing lists. AATCC may share information that it collects from users of the Site with third parties for the purpose of AATCC and such third parties incorporating aggregate user information in joint publications. AATCC is not currently sharing such information with third parties. We may invite you to participate in online surveys. Participation is never required. If you choose to participate, you may be asked to disclose contact information as well as demographic information (such as zip code, age, or income level) and information about your knowledge of and satisfaction with AATCC’s products and services. We may analyze the survey data to better understand our customer’s needs and preferences and to improve our products and services. We may collect demographic and profile data that generally is used to help tailor this Site’s content, and it may be shared with other companies. AATCC is not currently sharing such information with other companies. We may also use contact data from our surveys to send you information about AATCC products and services as well as promotional materials from other affiliated companies. If you do not want to receive these promotional announcements, you may opt-out by clicking here [optoutprivacy@aatcc.org] to request deletion of your name from our mailing lists. Finally, you may be asked to disclose personal information to us so that we can provide assistance and information to you. For example, we may collect personal information from you (such as an e-mail address, system information and problem descriptions) in order to provide online technical support and troubleshooting. We may also offer you the opportunity to sign up for e-mail newsletters or one or more distributions of information through any Forums. We do not share e-mail lists with any other companies except that we may offer an online membership directory with the e-mail addresses of members posted in such directory. If you do not want to receive e-mails from us or to be listed in the AATCC online membership directory, you may request that we remove your e-mail address from our mailing list at any time by clicking here [optoutprivacy@aatcc.org] to request deletion of your name from our e-mail lists. (d) Access and Correction AATCC provides all of its customers with reasonable opportunity to access and update their customer profile information. If you have disclosed information to us via an online order form, you may access and update this information by e-mailing the Membership Department or by calling +1 919 549 8141. Our customer support department can reasonably assist you with other requests related to data maintained by us. (e) Public Forums Some parts of this Site will contain Forums. Please remember that any information that is disclosed in any Forums becomes public information and you should exercise caution when disclosing personal information in any Forums. You should not disclose any information in our Forums that you or your company might consider confidential. (f) Security AATCC has security measures in place to help prevent the loss, misuse and alteration of the information under our control. AATCC has a secure on-line order system that utilizes SSL technology. AATCC’s Site is an Authentic Site that uses a VeriSign Secure Server Digital ID to offer proof of identity, to enable secure communications, and to encrypt transactions with Site visitors through their Web browser connections. The Site can be verified by VeriSign. (g) Web Links to Other Companies’ Sites Our Site contains Web Links to other websites of entities that are not necessarily affiliates of AATCC. We are not responsible for the privacy practices or the content of such websites. (h) Contacting the Website If you have any questions about AATCC’s Privacy Statement or our polices with respect to personal information, please write us at Attn: Privacy Questions, American Association of Textile Chemists and Colorists, One Davis Drive, P.O. Box 12215, Research Triangle Park, North Carolina 27709-2215 or e-mail us at [privacy@aatcc.org]. The works of authorship contained in this Site in the domain "www.aatcc.org", including but not limited to all design, text and images are owned, except as otherwise expressly stated, by AATCC and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without AATCC’s prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C. Statute 107), as amended, and except for one temporary copy in a single computer’s memory and one unaltered permanent copy to be used by the viewer for personal and non-commercial use only, with an attached copy of this page containing this copyright notice. Materials or other items offered for sale by AATCC may be subject to legal terms in addition to those found in this Agreement and may not be downloaded without complying with such terms, including, but not limited to, the requirement that user pay for any materials or other items offered for sale before user downloads them. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. 10. Web Linking Restrictions Upon receiving
prior written permission from AATCC, you may provide a hypertext link
to this Site on another website, provided that (1) the link must be a
text-only link clearly marked "AATCC Home Page," and pointing
to AATCC’s home page located at www.aatcc.org; (2) the appearance,
position and other aspects of the link may not be such as to damage or
dilute the goodwill associated with AATCC’s name and trademarks,
(3) the appearance, position and other aspects of the link may not create
the false appearance that the linked entity is associated with or sponsored
by AATCC, (4) the link, when activated by a user, must display this Site
full-screen and not within a "frame" on the linked website,
and (5) AATCC reserves the right to revoke its consent to the link at
any time in its sole discretion. Any links pointing to subsections of
the site are strictly prohibited. The trademarks, service marks, logos and graphics (the "Trademarks") appearing on this Site are, unless otherwise stated, registered and unregistered Trademarks of AATCC. Other product names used in this publication are for identification purposes only and may be trademarks of their respective companies. No license or right is granted by implication, estoppel or any other means to use any Trademark appearing on this Site. Any use of AATCC’s Trademarks or linking to this Site must follow the terms set out in our Linking Restrictions section above. If you are unsure whether a trademark, service mark, logo or graphic not on the list is the property of AATCC or if you have any questions about the use of AATCC’s Trademarks please contact [trademarks@aatcc.org]. AATCC vigilantly enforces its intellectual property rights and will actively seek the recovery of any costs and damages it may incur preventing the misuse or misappropriation of its property. 12. Severability In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable according to its terms. 13. Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, excluding its conflict of law provisions, and you agree to submit to the personal jurisdiction of the state and federal courts having jurisdiction in the State of North Carolina for any cause or action arising out of this Agreement. In the event that any portion of this Agreement is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. 14. Force Majeure. AATCC shall not be liable or responsible for any failure or delay in performance if such failure or delay is caused in whole or in part by causes beyond its complete control, including fire, flood, explosion, war, strike, embargo, government regulation, civil or military authority, act of God, acts or omissions of carriers, transmitters, telephone companies, Internet service providers, Internet backbone providers, vandals, or hackers. 15. No Waiver. The failure on the part of AATCC to exercise any right or remedy hereunder shall not operate as further waiver of such right or remedy in the future or any other right or remedy. © 2005 American Association of Textile Chemists and Colorists. This site is protected by copyright and trademark laws under U.S. and international law. All rights reserved. Inquiries concerning this Site may be directed to: Attn: Website Comments American Association of Textile Chemists and Colorists, One Davis Drive, P.O. Box 12215, Research Triangle Park, North Carolina 27709-2215 Phone: +1 919 549 8141 Fax: +1 919 549 8933
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