Effective August 31, 2011
This sets out terms and conditions with which you agree in accessing and utilizing our Website, and the guidelines we use for protecting any information you provide during a visit to our Website.
Your utilization of ASSIMILATE.com, and/or purchases from the ASSIMILATE Store, will be deemed acceptance of these conditions. Please read them carefully.
Your privacy is very important to ASSIMILATE. ASSIMILATE has put privacy protections in place to help you maintain control over your personal information while fostering the growth of a more interactive, engaging, and personalized web experience.
When you visit assimilateinc.com or the ASSIMILATE Store, or send e-mails to us, you are communicating with us electronically. In doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on an ASSIMILATE site.
When you request information from us, or enter secure areas of our Website, we may require that you provide some information about yourself by "registering" or completing an online form. For example, situations where we will ask you to provide information include, but are not limited to:
When requesting software, license keys or printed materials;
The information we require is necessary to fulfill your request and to provide you further information about our products, services and support.
We may ask additional questions about the primary business and size of your company, your professional role, or what products you currently use so that we can better tailor our Website and communications to your needs. Each online form will clearly specify which information is required and which is optional. ASSIMILATE will not share any personal information you provide online with any third party that is not an ASSIMILATE agent, distributor, business partner, or affiliate, except to the limited extent necessary to fulfill your request for products, services, or support. ASSIMILATE reserves the right, however, to disclose information as required by applicable law, in order to protect its rights or property, or in case ASSIMILATE or a portion of its assets is sold.
If you choose not to register, provide certain personal information or restrict the utilization of cookies, you can still use our Website, however, you will not be able to access areas or receive services that require registration, or utilize certain functionality of the Website.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ASSIMILATE, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ASSIMILATE, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of ASSIMILATE, Inc. or its software suppliers and protected by United States and international copyright laws. By utilizing ASSIMILATE.com and/or the ASSIMILATE Store, you expressly assent to subject to the laws, jurisdiction and venue of the United States of America and the State of California, and waive any claim, assertion or affirmative defense based upon lack of personal jurisdiction to process and judgment.
ASSIMILATE, SCRATCH, SCRATCH Six, SCRATCH Lab and other assimilateinc.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ASSIMILATE. ASSIMILATE’s trademarks and trade dress may not be used in connection with any product or service that is not ASSIMILATE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ASSIMILATE. All other trademarks not owned by ASSIMILATE, Inc. that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ASSIMILATE.
LICENSE AND SITE ACCESS
Except as otherwise expressly provided, ASSIMILATE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ASSIMILATE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ASSIMILATE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ASSIMILATE without express written consent. You may not use any meta tags or any other "hidden text" utilizing ASSIMILATE’s name or trademarks without the express written consent of ASSIMILATE. Any unauthorized use terminates the permission or license granted by ASSIMILATE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ASSIMILATE.com so long as the link does not portray ASSIMILATE, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ASSIMILATE logo or other proprietary graphic or trademark as part of the link without express written permission.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
In certain locations on our Website Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ASSIMILATE has the right but not the obligation to monitor and edit or remove any activity or content. ASSIMILATE takes no responsibility and assumes no liability for any content posted by you or any third party. ASSIMILATE reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant ASSIMILATE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ASSIMILATE and sublicensees the right to use the name that you submit in connection with such content, if they choose.
BINDING EFFECT OF ELECTRONIC COMMUNICATIONS, ORDERS AND COMMITMENTS
Your utilization of assimilateinc.com, and/or purchases from the ASSIMILATE Store, will be deemed your intent to be bound by these terms and conditions as well as any specific terms pertaining to the price, quantity, delivery and acceptance of products or services. By utilizing assimilateinc.com and/or the ASSIMILATE Store to order products or services, you expressly assent to by bound by all terms, conditions, limitations, agreements, notices, disclosures and other communications that we provide to you electronically, and waive any claim, assertion or affirmative defense that such fails to satisfy any legal requirement that such communications be in writing, or executed in writing, to be binding.
RISK OF LOSS
Some items purchased from ASSIMILATE are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ASSIMILATE attempts to be as accurate as possible. However, ASSIMILATE does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ASSIMILATE itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
Please note that ASSIMILATE does not permit the return of, or offer refunds for, downloadable software products. If you purchase hardware, or logo merchandise and you feel that merchandise is defective, please contact us at firstname.lastname@example.org to discuss a return authorization.
Additionally, in utilizing of assimilateinc.com, and/or making purchases from the ASSIMILATE Store, you agree to comply with all U.S. export control laws and regulations applicable to any and all information, technology or content available on assimilateinc.com, and shall not export, re-export, transfer, divert or disclose any such information, technology or content, or any derivative thereof, to any destination restricted or prohibited by U.S. export control laws, or to any national or resident thereof. Further, you warrant and represent the neither the you, nor anyone viewing information, technology or content available on assimilateinc.com are located in, or under the control of, or a national or resident of any country which is restricted or embargoed by applicable U.S. export control laws (including Cuba, Libya, North Korea, Iran or Syria), or otherwise whom is identified by the U.S. Treasury Department’s list of specially designated nationals, or the U.S. Commerce department’s table of denied orders (commonly and collectively referred to as the “Denied Parties” lists). You further agree to defend, indemnify and hold ASSIMILATE harmless against any liability (including attorneys’ fees) arising out of your failure to comply with the terms of this section.
Any dispute relating in any way to your visit to assimilateinc.com or to products or services sold or distributed by ASSIMILATE or through assimilateinc.com or the ASSIMILATE Store in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Santa Clara County, California, and you consent to exclusive jurisdiction and venue in such courts and to the enforceability of any judgment rendered by such court.
OTHER TERMS AND CONDITIONS
ASSIMILATE is not responsible for typographical errors. ASSIMILATE reserves the right to cancel any order you have placed if there was a typographical error on the ASSIMILATE Store concerning the pricing or availability of any item you ordered when you placed the order. ASSIMILATE reserves the right to change the terms and conditions of sale at the ASSIMILATE Store at any time. ASSIMILATE may make changes to any products or services offered at the ASSIMILATE Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the ASSIMILATE Store with respect to products and services may be out of date, and ASSIMILATE makes no commitment to update the information provided at the ASSIMILATE Store with respect to such products and services.
ASSIMILATE reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the ASSIMILATE Store, or to any portion of the ASSIMILATE Store, for any reason; (2) to modify or change the ASSIMILATE Store, or any portion of the ASSIMILATE Store, and any applicable policies or terms; and (3) to interrupt the operation of the ASSIMILATE Store, or any portion of the ASSIMILATE Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
RESPONSIBILITY FOR THE PROTECTION OF YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ASSIMILATE reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY ASSIMILATE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. ASSIMILATE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ASSIMILATE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ASSIMILATE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM ASSIMILATE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASSIMILATE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
HOW TO CONTACT ASSIMILATE
If you have questions or concerns about these terms and conditions, or the treatment of your personal information, please contact us at:
3375 Scott Blvd Suite 300
Santa Clara, CA 95054
Thank you for your interest in assimilateinc.com and the ASSIMILATE Store
Last updated August 31, 2011. Copyright 2012, ASSIMILATE Inc., All Rights Reserved.