Thank you for using the asvi.com Web site (the "Web Site"), which
is provided by ASV Inc., (the "Company"). This page states the Terms
and Conditions (the "Terms" or the "Agreement") under which
you may use this Web Site. Please read this page carefully. By accessing and
using this Web Site you accept and agree to be bound, without limitation or
qualification, by these Terms. If you do not accept any of the Terms stated
here, do not use the Web Site. The Company may, at its sole discretion, modify
or revise these Terms at any time by updating this posting. You are bound by
any such modification or revision and should therefore visit this page periodically
to review the Terms.
Use of Material
The Company authorizes you to view and download a single copy of the material
on the Web Site solely for your personal, non-commercial use. Special rules
may apply to the use of certain software and other items provided on the
Web Site. Any such special rules are listed on this Web Site and are incorporated
into this Agreement by reference. You may not, without the prior written
permission of the Company, "mirror" any material contained on this
Web Site on any other server.
The contents of this Web Site, such as text, graphics, images, audio, video
and other material as well as the domain names, tagline, organization and user
look-and-feel of this Web Site (collectively, the "Material"), are
protected by copyright, trademark and other such laws under both United States
and foreign laws, and are owned or controlled by the Company or by third parties
that have licensed their Material to the Company. Unauthorized use of the Material
may violate copyright, trademark, and other laws. You must retain all copyright
and other proprietary notices contained in the original Material on any copy
you make of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any
way for any public or commercial purpose without the prior written permission
of the Company. The use of the Material on any other Web site or in a networked
computer environment for any purpose is prohibited, without the express written
permission of the Company. The trademarks, logos and service marks (the "Marks")
displayed on the Web Site are owned by the Company or third parties. You are
prohibited from use of those Marks without the express, written permission
of the Company or such third party. If you would like information about obtaining
the Company's permission to use the Material on your Web site, e-mail webmaster@asvi.com.
If you violate any of these Terms, your permission to use the Material automatically
terminates and you must immediately destroy any copies you have made of the
Material.
Company's Liability
The Material may contain inaccuracies or typographical errors. The Company
makes no representations about the accuracy, reliability, completeness, or
timeliness of the Material or about the results to be obtained from using
the Web Site and the Material. Any use of the Web Site and the Material is
at your own risk. Changes are periodically made to the Web Site and may be
made at any time. Some Material on the Web Site may be provided by third
parties and the Company shall not be held responsible for any such Material
provided by third parties.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR
THAT THIS WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
GOODS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR
SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, THE COMPANY IS
NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED
BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY
OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS,
AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS
MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS
OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Disclaimer of Certain Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE
OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY
IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION
OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE
LAW.
Links to Other Sites
The Web Site may contain links to third party Web sites that are maintained
by others. Any such links are provided solely as a convenience to you and
not as an endorsement by the Company of the contents on such third-party
Web sites. The Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy
of materials on such third-party Web sites. If you decide to access linked
third-party Web sites, you do so at your own risk.
Limitation of Liability
Your use of the Web Site is at your own risk. If you are dissatisfied with
any of the Materials or other contents of the Web Site or with these Terms
and Conditions, your sole remedy is to discontinue use of the Web Site. UNDER
NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE TO ANY USER ON ACCOUNT OF THAT
USER'S USE OF THE WEB SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF ANY AND ALL DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY
USE OF THE WEB SITE, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD
PARTIES.
Indemnity
You agree to defend, indemnify, and hold harmless the Company, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your use of the Material or your breach of the
terms of this Agreement. The Company shall provide notice to you promptly
of any such claim, suit, or proceeding and shall assist you, at your expense,
in defending any such claim, suit or proceeding.
Export Control
The United States controls the export of products and information. You agree
to comply with such restrictions and not to export or re-export the Materials
to countries or persons prohibited under the export control laws. By downloading
the Materials, you are agreeing that you are not in a country where such
export is prohibited and that you are not on the U.S. Commerce Department's
Table of Denial Orders or the U.S. Treasury Department's list of Specially
Designated Nationals. You are responsible for compliance with the laws of
your local jurisdiction regarding the import, export, or re-export of the
Materials.
User Information
The Company may use the information it obtains relating to you, including,
but not limited to, your Internet Protocol ("IP") address, name,
mailing address, email address and use of the Web Site, for its internal
business and marketing purposes and may disclose the information to third
parties for such purposes, strictly subject to the privacy specifications
set forth in the Company’s Privacy/Security Policy.
General
The Company makes no claims the Materials are appropriate for any particular
purpose or audience, or that they may be downloaded outside of the United
States. Access to the Materials may not be legal by certain persons or in
certain countries. If you access the Web Site from outside of the United
States, you do so at your own risk and are responsible for compliance with
the laws of your jurisdiction.
All legal issues arising from or related to the use of the Web Site shall
be construed in accordance with and determined by the laws of the State of
Minnesota applicable to contracts entered into and performed within the State
of Minnesota without respect to its conflict of laws principles. By using this
Web Site, you agree that the exclusive forum for any claims or causes of action
arising out of your use of this Web Site is the United States District Court
for the District of Minnesota, or any Minnesota State court sitting in Itasca
County. You hereby irrevocably waive, to the fullest extent permitted by law,
any objection which you may now or hereafter have to the laying of the venue
of any such proceeding brought in such a court and any claim that any such
proceeding brought in such a court has been brought in an inconvenient forum.
If any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect the
validity of the remaining provisions of this Agreement, which shall remain
in full force and effect. No waiver of any term of this Agreement shall be
deemed a further or continuing waiver of such term or any other term. Except
as expressly provided in a particular "Legal Notice" for material
on particular web pages, this Agreement constitutes the entire Agreement between
you and the Company with respect to the use of the Web Site. Any changes to
this Agreement must be made in writing, signed by an authorized representative
of the Company.
Notice: Acceptance of Terms and Conditions of Use
Use of this Site is subject to certain Terms and Conditions of Use, which constitute
a legal agreement between you and the Company. By using this Site, you acknowledge
that you have read, understood, and agree to be bound by the Terms and Conditions
of Use. Please review the Terms and Conditions of Use, and if you do not
agree to the terms, do not use this Site.
Pricing information: No charge is imposed by the provider to the consumer
for the use of the Web Site.
Complaints and further information: In the event of a complaint, or to request
further information, the provider may be contacted in writing at ASV Inc. PO
Box 5160, Grand Rapids MN, 55744, USA, by telephone at (218) 327-3434, or by
e-mail at webmaster@asvi.com.
The Company reserves the right to change or modify this policy at any time
by posting such change or modification on this page.
Trademarks, Logos, and Service Marks
The trademarks, logos, and service marks (collectively the "Marks")
listed below are trademarks of the Company and/or its affiliates. Any other
Marks used on the Site are trademarks of their respective owners.
Copyright
The copyright in all material provided on this site ("Site") is held
by the Company or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, including
but not limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of the Company or the copyright owner.
Permission is granted to display, copy, distribute and download the materials
on this Site for personal, non-commercial use only, provided you do not modify
the materials and that you retain all copyright and other proprietary notices
contained in the materials. You also may not, without the Company's prior written
permission, "mirror" any material contained on this Site on any other
server. This permission terminates automatically if you breach any of these
terms or conditions. Upon termination, you must immediately destroy any downloaded
and printed materials. Any unauthorized use of any material contained on this
Site may violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
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