Terms of Use - American Laser Study Club

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the American Laser Study Club’s website located at americanlaserstudyclub.org (the “Site”). This website is owned and operated by the American Laser Study Club, LLC (ALSC). Throughout the site, the terms “we”, “us” and “our” refer to the ALSC. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

These Terms of Use include all of the terms and conditions and policies referenced herein and/or available by hyperlink. The ALSC will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. The ALSC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area.

The ALSC reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, the ALSC grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

The ALSC 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 Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Site Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to the ALSC, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under the ALSC’s control, and the ALSC is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You may use the information on the ALSC products and services (such as datasheets, knowledge base articles, and similar materials) purposely made available by the ALSC for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content:

for any unlawful purpose
to solicit others to perform or participate in any unlawful acts
to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
to infringe upon or violate our intellectual property rights or the intellectual property rights of others
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
to submit false or misleading information
to provide a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments.
to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
to collect or track the personal information of others
to spam, phish, pharm, pretext, spider, crawl, robot, or scrape
to use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. for any obscene or immoral purpose
to attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ALSC server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.to export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
to reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of the ALSC, including any ALSC account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or the ALSC’s systems or networks, or any systems or networks connected to the Site or to the ALSC.
to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the ALSC on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses and to bar any such prohibited uses.

Online Store Terms

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

The ALSC’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

The ALSC may make changes to or cancel any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and the ALSC makes no commitment to update the materials on the Site with respect to such products and services.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.

The ALSC administers and operates the www. americanlaserstudyclub.org Site from its location in Bothell, Washington USA; other ALSC sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The ALSC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

We reserve the right to refuse any order or membership application you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

Certain features or services offered on or through the Site may require you to open an account (including setting up an ALSC ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify the ALSC immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by the ALSC or any other user of or visitor to the Site due to someone else using your ALSC ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s ALSC ID, password or account at any time without the express permission and consent of the holder of that ALSC ID, password, or account. The ALSC cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

Disclaimers

The ALSC disclaims any responsibility for anything connected to this Site or your use of this Site, and the ALSC makes these specific disclaimers:

The ALSC does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted.
The ALSC does not promise that any defects will be corrected, or that your use of the site will provide specific results.
The site and its content are delivered on an “as-is” and “as-available” basis.
All information provided on the site is subject to change without notice.
The ALSC cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.
THE ALSC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The ALSC disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any ALSC services.
You assume total responsibility for your use of the site and any linked sites.
Your sole remedy against the ALSC for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.

The above disclaimers apply to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

The ALSC’s Remedies for User Violations

You agree that the ALSC may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the ALSC, for which monetary damages would be inadequate, and you consent to the ALSC obtaining any injunctive or equitable relief that ALSC deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the ALSC may have at law or in equity.

If the ALSC does take any legal action against you as a result of your violation of these Terms of Use, the ALSC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to the ALSC. You agree that ALSC will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Privacy

The ALSC’s Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. To view the ALSC’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

The ALSC may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary for connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the ALSC’s rights or property, or the rights or property of visitors to or users of the Site, including ALSC’s customers. The ALSC reserves the right at all times to disclose any information that ALSC deems necessary to comply with any applicable law, regulation, legal process or governmental request. ALSC also may disclose your information when ALSC determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that the ALSC may preserve any transmittal or communication by you with the ALSC through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or the ALSC determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of the ALSC, its employees, users of or visitors to the Site, and the public.

Limitation of Liability

In no case shall the ALSC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If, notwithstanding the other provisions of these Terms of Use, the ALSC is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, the ALSC’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against the ALSC, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification of the ALSC

You agree to indemnify and hold the ALSC, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the ALSC by any third party due to or arising out of or in connection with your use of the Site, or your violation of any law or the rights of others.

Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in King County, Washington, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between the ALSC and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation, If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

General Provisions

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The ALSC’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the ALSC of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between the ALSC and you or any other party be deemed to modify any provision of these Terms of Use.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Questions about the Terms of Service should be sent to us at ALSC@americanlaserstudyclub.org.
Any feedback you provide at this site shall be deemed to be non-confidential. ALSC shall be free to use such information on an unrestricted basis.