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Terms of Use

TERMS OF USE AND DMCA NOTICE

Date: October 1, 2015
PLEASE READ THESE TERMS OF USE CAREFULLY

By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use. If you do not agree to the following, please do not use this site. These Terms of Use may be subject to change at any time and without warning. Your continued use following any modification of these terms constitutes a binding acceptance to the new Terms of Use.

Parties The parties to these Terms of Use are you, the website visitor, and the owner of this www.ashtonpotter.com website, Ashton-Potter (USA) Ltd. All references to "we", "us", "our", or this "website" or "site" refer to Ashton Potter and this website.

Authorized Use and Restrictions Subject to these Terms of Use and our Privacy Policy, you may use the publicly accessible areas of this site, but only for your own purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement or by any automated means, including the use of scripts or web crawlers, and you agree to comply with the instructions set out in any robots.txt file present on this site. Any access beyond public areas of this site is strictly prohibited, unless previously authorized by Ashton Potter. In addition, you are not authorized to:

• Resell, sublicense, transfer, assign, distribute, or modify or make derivative works based on the site, its services, or content
• Except for linking to this site’s home page, create Internet links to the site, its services, or content without expressed, written consent of Ashton Potter
• "Frame" or "mirror" the site, its services, or content on any other server or Internet-enabled device

All rights not expressly granted in these Terms are reserved by us and our licensors.

Site Monitoring We reserve the right to monitor your access and usage of this site without notification to you. We may record your use in such ways as described in our Privacy Policy that is accessible on this site’s home page.

Additional Agreements You may acquire content from this site, but we reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services, and/or content.

Ownership The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The copyright in the content of this site is owned by us or others. All other rights are reserved.

DMCA Notice This site is an Internet "service provider" under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As required by the DMCA, we maintain specific contact information provided below for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below:

Notification of Claimed Infringement:
Ashton Potter
10 Curtwright Drive
Williamsville, NY 14221
E-mail: websiteadmin@ashtonpotter.com

Telephone: 716-633-2000
Fax: 716-633-2525

You may contact our above representative for notice of claimed infringement with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove any such material.

In notifying us of alleged copyright infringement, the DMCA requires that you include the following information:

• Description and location on the site of the material in question
• Contact information for you, including your address, telephone number, and/or e-mail address
• A statement by you that you possess a good faith belief that the material in question is not authorized by the copyright owner, or its representative, or by the operation of any law
• A statement by you, signed under penalty of perjury, that the notification and its contents are accurate and you have the authority to enforce the copyright that is allegedly being infringed upon
• A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf
Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

Notice for California Users Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights information:

Contact Information You can contact us in writing at:

Ashton Potter
10 Curtwright Dr.
Williamsville, NY 14221
Attention: Robert Morreale

Complaints To resolve a complaint regarding this site, please contact the California Department of Consumer Affairs. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this site by contacting the California Department of Consumer Affairs.

Limitation of Liability Under no circumstances will this site be liable to anyone for any direct, indirect, special, exemplary, consequential, incidental, punitive, or other damages of any kind, including, but not limited to, loss of data, profits, revenue, in any way connected to this site or its content.

Links to This Site We allow you a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this site, provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or any other proprietary images on the site without our prior written consent.

Links to Third Party Sites We do not review or control third party websites that link to or from this site and are not responsible for their content, accuracy, and appropriateness. Your use of any third party site is at your own risk and may be subject to the other sites’ Terms of Use and Privacy Policy.

Arbitration With the exception of protection of intellectual property rights and/or to enforce an arbitrator’s decision as described below, all disputes, controversies, or claims arising from or relating to these Terms or a breach thereof shall be submitted to and resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. A single arbitrator shall be assigned as mutually agreed to by the Parties. The arbitration shall take place in Buffalo, New York, USA, may be conducted by telephone or online, and whose result shall apply the laws of the State of New York, USA to all issues in the dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated with any other arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction for enforcement. Enforcement of any results of the arbitration shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $2000.00USD.

Jurisdiction And Venue The courts of Erie County in the State of New York, USA and the nearest U.S. District Court in the State of New York shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use.

Controlling Law These Terms are represented under the laws of the State of New York, USA, excluding rules regarding conflicts of law.

Onward Transfer of Personal Information Outside Your Country of Residence Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.

Force Majeure We shall not be liable for damages resulting from causes beyond their reasonable control and without their fault or negligence, including, but not limited to, acts of civil or military authority, Acts of God, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.

Privacy Please review this site's Privacy Policy, which also governs your visit to this site. Our Privacy Policy is always accessible on the bottom of our site's pages.