Conditions of Use
CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS OF THIS WEBSITE AGREEMENT (the “Agreement”).
These Conditions of Use govern your use of AATCC’s website and services, and certain purchases made via the AATCC website. 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 April 2018.
BY USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE CURRENT VERSION OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS WEBSITE.
The aatcc.org domain websites (the “Site”) are 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.
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) remove any copyright or other proprietary notations from the materials; (3) transfer the materials to another person; or (4) “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.
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 users 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, other than personal information submitted for membership, program enrollment, or product purchases relating to AATCC Accounts, (“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 Website Privacy Notice
6. Social Media
Information posted on any blog, forum, bulletin board, e-mail lists (including listserves), social media, or similar portions of the Site 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 Social Media outlet:
- material that threatens, harasses, or abuses others (including offensive comments based on race, religion, or sexual orientation), material that is defamatory or libelous, or material that is invasive of another party’s privacy;
- material for which you do not have the right to post, including the proprietary material of any third party;
- material which advocates illegal activity or discusses an intent to commit an illegal act;
- material for advertising or commercial solicitation, including material related to prices of products or services;
- material which is vulgar, obscene, pornographic, or indecent; or material which does not pertain directly to the subject matter of the particular Social Media.
AATCC does not monitor Social Media, but reserves the right to monitor Social Media 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 Social Media 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 thirdparty content provider with respect to any posting on Social Media.
7. User Names
When using this Site, you shall not (1) select or use a member name or e-mail address of another person with the intent to impersonate that person; (2) use a user name or e-mail address subject to the rights of any person without authorization; (3) use a member name in violation of the intellectual property rights of any person; or (4) use a member name that AATCC, in its sole discretion, deems offensive.
8. Website Privacy Notice and Use of Data
AATCC is committed to providing appropriate protection for personal information that is collected from customers and visitors to this Site. This Website Privacy Notice, available at www.aatcc.org (“Privacy Notice”), is a separate document and is available through this link.
AATCC’s Privacy Notice explains AATCC’s policies regarding the collection, use, transmission, and disclosure of information provided by or collected from you via your AATCC Account, or other means that you provide. By agreeing to be bound by these Account Terms, you agree that you have read and understand how your information or data are used as described in the Privacy Notice (and as amended from time to time).
You should review the Privacy Notice before establishing an AATCC Account. The policies and other content of the AATCC website may be changed by AATCC at its sole discretion, without notice to you.
The works of authorship contained in this Site, 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 the page containing an AATCC 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.
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 as being an AATCC web page and the URL must point to an aatcc.org domain; (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.
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 on this Site 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 the Linking Restrictions section.
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 AATCC. 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.
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.
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.
© 2018 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