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Terms Of Use

TERMS OF USE

TERMS OF USE FOR GOETSCH’S WELDING AND MACHINE

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Welcome to our website. By using our site, you are agreeing to comply with and be bound by the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not use this site. The term “CGI Automated Manufacturing” or “us” or “we” or “our” refers to CGI Automated Manufacturing, Inc., the owner of this website. The term “you” refers to the user or viewer of our website.

Acceptance of Agreement

You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you with respect to the site, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.

Please read the Terms of Use carefully before you start to use the Site. By using the Site, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, all which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy you must not access or use the Sites. Subscribers to our membership areas are also required to agree to the Terms of Use, as well as any additional terms and conditions of use that apply to registered users.

Copyright

The content, organization, graphics, design, photography, compilation and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site, such as photography, is the copyrighted work of third parties.

Trademarks and Service Marks

“CGI Automated Manufacturing” is our registered service mark or trademark. Other product and company names mentioned on the Site may be trademarks of their respective owners. The Company name, the terms, the logo, and all related names, logos and trademarks, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the owner thereof.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to download or print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you abide by and maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States.

Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us.

Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. All changes are effective immediately when we post them, and apply to all access to and use of the Sites thereafter. Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time/frequently/each time you access the Sites so you are aware of any changes, as they are binding on you.

Reliance on Information Posted

The information presented on or through the Sites is made available solely for general information purposes. The Company does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents.

The Sites may include/includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of  goods, services, or information formed through the Sites or as a result of visits made by you are governed by any terms of sale, User Agreements and other terms, which are hereby incorporated into these Terms of Use.  Additional terms and conditions may also apply to specific portions, services or features of the Sites. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Non-transferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

By using our Site, you agree to defend, indemnify and otherwise hold harmless CGI Automated Manufacturing, Inc., its owners, managers, officers, employees and agents and their respective assigns (collectively, “CGI Automated Manufacturing Parties”) from and against any loss, damage or expense (including legal fees) incurred by any CGI Automated Manufacturing Party as a result of any claim or cause of action relating to your use of the Site.

Information and Press Releases

The Site contains information and press releases about us. We disclaim any duty or obligation to update this information or any press releases.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction).

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. ]

Waiver and Severability

No waiver of by Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and the various documents referenced herein constitute the sole and entire agreement between you and Company with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

COPYRIGHT

NOTIFICATION OF COPYRIGHT, TRADEMARK, AND OTHER PROPRIETARY INFORMATION INCLUDED ON THIS WEB SITE

Each and every item and component found on or available via download through this site, including but not limited to manuscripts, written materials, text, graphics, logos, software, databases, icons, images, audio and video clips, is the exclusive proprietary property of the owner of this site or the applicable author of such material and is protected under the United States Copyright Act, all applicable state laws, and international copyright laws.  The content and software on this site may be used as a resource while accessing this web site, but may not be download or used for any other purpose whatsoever. Any other use is prohibited and will constitute an infringement upon the proprietary rights of the relevant owner or author. You should assume and are hereby notified that claims of copyright are applicable to all items contained on this web page or available for download through this website.  You should not assume that any item available on or through this web page is in the public domain or constitutes “free ware”  or can be used or exploited by you.

Any material that is permitted to be downloaded through this web site is only for the use of the user and only in compliance with all terms, conditions, and limitations contained in the applicable Terms of Use or other agreement. Any, use, adaptation, modification, publication, reproduction, redistribution or any other action that is in violation of the copyright owner’s exclusive rights under the United States Copyright Act and which is beyond the scope of the rights granted in the applicable Agreement will constitute an infringement upon the rights of the vendor’s copyright and is punishable under the United States Copyright Act.

THE OWNER OF THIS SITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO SOFTWARE AND ANY OTHER ITEMS DOWNLOADED BY ACCESSING THIS PAGE OR OTHERWISE ACCESSED THROUGH THE REMEDY DIRECT SITES. REMEDY DIRECT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP OF THE SOFTWARE AND NONINFRINGMENT UPON THE RIGHTS OF ANY OTHER PARTY.

THE OWNER OF THIS WEB SITE HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY OR OBLIGATION FOR MATERIAL AVAILABLE   THROUGH THIS WEB SITE, INCLUDING BUT NOT LIMITED TO    INFRINGEMENT OR CLAIM OF INFRINGEMENT UPON THE RIGHTS OF ANY OTHER PARTY, ANY ERRORS, VIRUSES OR FUNCTIONING OF ANY SOFTWARE DOWNLOADED THROUGH THIS SITE, AND ALL OTHER CLAIMS, SUITS, THREATS AND DEMANDS RELATIVE TO ANY SUCH SOFTWARE.

IN THE EVENT THAT YOU CLAIM THAT ANY MATERIAL AVAILABLE THROUGH THIS WEB SITE INFRINGES UPON ANY UNITED STATES COPYRIGHT, YOU ARE HEREBY DIRECTED TO THE AREA ON THE WEB SITE THAT CONTAINS NOTICES AND OTHER INFORMATION REGARDING SUCH MATTERS AND THE DIGITAL MILLINIEUN COPYRIGHT ACT.

RESTRICTED RIGHTS LEGEND FOR GOVERNMENTAL USE.

Any software applications that are downloaded or accessed through accessing this web site for or  on behalf of the United States of America, its agencies and/or instrumentalities (“U.S.  Government”), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in  Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)  and (2) of the Commercial Computer Software–Restricted Rights at 48 CFR 52.227-19, as  applicable.

The owner of this site asserts all proprietary rights in and to all names and trademarks contained on this web page, regardless of whether a trademark registration has been secured.  The trademark and service mark rights of the owner of this web site will be asserted in the United States and other countries.  Any use of the owner’s trademarks in connection with any product or service that does not belong to the owner of this web site, unless otherwise authorized in a written license agreement, will constitute an infringement upon the trademark rights of such owner and may be actionable under the United States Trademark Laws and/or International Trademark Laws and the Trademark or equivalent laws of other countries.

VIRUS NOTICE

This Web Site serves as a conduit for information.  Certain documents and programs may be downloaded through this site.  THE OWNERS AND OPERATORS OF THIS SITE ARE NOT RESPONSIBLE FOR ANY COMPUTER VIRUSES WHICH MAY BE PRESENT IN ANY OF THE ITEMS THAT YOU OBTAIN FROM OR THROUGH THIS SITE.

USERS MUST BE CERTAIN AND ARE COMPLETELY RESPONSIBLE FOR PERFORMING ANTI-VIRUS SCREENING AND VERIFICATION OF ALL FILES OBTAINED ON OR THROUGH THIS SITE.  CURRENTTLY UPDATED ANTI-VIRUS SCREENING SOFTWARE IS HIGHLY RECOMMENDED.

The owners of this site will not intentionally or willfully transmit files that they know to contain viruses.  However, this site serves as a bulletin board repository of files that are uploaded by users.  WE DO NOT TAKE STEPS TO CHECK ANY SUCH FILES FOR VIRUSES.  YOU ASSUME COMPLETE RESPONSIBILITY TO DO SO.

As a user of this Site, you agree to immediately notify us of any files that you download that you believe contain viruses.

As a condition to any license contained for items obtained by or through this Site, you will agree to perform virus screening on all such files prior to using the same.

THERE ARE NO WARRANTIES OF ANY KIND MADE WITH RESPECT TO FILES DOWNLOADED FROM OR THROUGHT THIS SITE.  ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.

Furthermore, the owners and operators of this Site shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.

A “VIRUS” is a computer program or a code or portion of a computer program, which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up, or otherwise create negative effect so n the user’s computer system.  As you know, VIRUSES do occur and are somewhat prevalent.  As such, you, the user must take affirmative steps to assure that you and your computer system are appropriately protected against viruses.

DIGITAL MELLINIUM ACT OF 1998

NOTICE AND DESIGNATION OF AGENT FOR COPYRIGHT INFRINGEMENT NOTIFICATION

Pursuant to the terms of the Digital Millennium Copyright Act of 1998 (“DMCA”), the owners of this site have registered an Interim Designated Agent with the United States Copyright Office.  Our Interim Designated Agent is assigned to receive all notifications under the DMCA.

Our Interim Designated Agent can be contacted as follows:

[Insert Name of Designated Agent]

Insert Street Address of Designated Agent

Insert City, State, Zip Code

Insert Telephone Number For Designated Agent

Insert Email Address For Designated Agent

OUR POLICY ON INFRINGING ARTICLES OBTAINED THROUGH THIS SERVER

It is our policy to fully comply with the terms of the DMCA and to remove any article which we are notified infringes upon the copyrights of any party.  We do not knowingly place any infringing items on our servers.

Furthermore, it is our policy to, at our discretion, terminate the accounts of any subscriber to our services who knowingly infringes upon the copyrights of others.

NOTIFYING US IF YOU FEEL MATERIAL AVAILABLE FORM OUR SERERS VIOLATES YOUR COPYRIGHTS

We refer you to the full text of the DMCA for a complete description of your rights and obligations concerning materials on this server that you feel violate your copyrights.  It is our policy to fully comply with the DMCA.

You may notify us of materials that you feel are infringing by notifying the Designated Agent at the contact information indicated above.  Your notification should comply with the requirements of the DMCA.  At a minimum, the notice should include:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  1. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  1. identification of the URL or other specific location where the material that you claim is infringing is located and a description of the precise information contained on that site that you feel infringes upon your rights;
  1. information that permits us to contact you, including your address, telephone number, and email address;
  1. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  1. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

HOW WE PROCESS NOTICE THAT WE RECEIVE

It is our policy to follow the terms of the DMCA.  Upon receipt of a notice that “substantially complies” with the contents that are proscribed by the DMCA, we will take action to remove or disable the material that is claimed to be infringing.

We will contemporaneously notify the party responsible for such material that we have received our notification.  This notification will include a statement that this party has the right to give us a counter notification which complies with the requirements of the DMCA.

If we receive a counter notification from the party responsible for the allegedly infringing content, we will notify you that we shall replace the removed or disabled material in 10 business days unless you notify us that you have commenced court action against the allegedly infringing party within that 10 day period.

If you file court action, the allegedly infringing materials will remain disabled until an order of the court determines the matter.

YOUR FURTHER RIGHTS

For a complete description of the rights that you have under the DMCA and the procedure that we will follow, we refer you to the full text of the DMCA.  Nothing in these policies is intended to supplant the requirements and procedures contained in the DMCA.  If there is conflict between these policies and the terms of the DMCA, the terms and requirements of the DMCA shall control.

Copyright Office Home Page http://www.loc.gov/copyright/index.html

Summary of Digital Millennium Act From the Copyright Office

http://www.loc.gov/copyright/legislation/dmca.pdf