Privacy Policy and Terms of Use
Terms and Conditions
Acceptance of Terms of Use
AWT system is provided by AnyWareToolz Although portions of the Site may be viewed simply by visiting the Site, in order to access some portions of it and/or receive additional services you need to sign on as a member. If you register as a member, these Terms will govern your use of the Site and any services provided for by AnyWareToolz. You are agreeing to be bound by these terms of use. These terms may be modified from time to time. AnyWareToolz, Inc. shall not be liable to you for any breach of these Terms. If you do not agree to these Terms, please do not join. Please check various membership areas before using them to determine whether a change has been made to these Terms. If you do not agree to these changes in the Terms as they may occur, please arrange to terminate your membership immediately. Your continued use will signify your acceptance of any change in the terms and conditions set forth herein.
From time to time, AnyWareToolz, Inc. may supplement these Terms with additional terms pertaining to specific content or events. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms.
Membership Information
When you join AnyWareToolz, Inc. you will be required to provide information such as your name, email address, zip code, credit card, password, and other information. In addition, you may choose to provide additional information, such as the size of your company or industry.
AnyWareToolz, Inc. will not sell to any third party your name, address, email address and member name, unless you provide your informed consent, except to the extent necessary to comply with applicable laws, police investigations, or in legal proceedings where such information is relevant. AnyWareToolz, Inc. allows access to database information by third-parties providing technical services, such as e-mail, but only to the extent necessary to provide you with those services. In those instances, the third-party is bound by these terms. Your informed consent shall be in the form of an "opt out" or similar policy. You understand and agree that AnyWareToolz, Inc. may disclose to third parties demographic information but only in the form of aggregated information.
AnyWareToolz, Inc. reserves the right to offer you third party services and products based on the preferences that you identify at various times you visit the site or indicate through e-mails or otherwise. We reserve the right to terminate your membership at any time if we learn you have provided false or misleading registration information, or violate any other Terms listed throughout this document, such as--but not limited to--posting inappropriate material.
Modifications of these Terms of Service and AnyWareToolz, Inc.
AnyWareToolz, Inc. may modify these Terms of Service from time to time in its sole discretion. Each time you log on, you will be deemed to have accepted any such changes.
Also, AnyWareToolz, Inc. may modify or discontinue its Web site, e-mails, or other services with or without notice to you and without liability to you or any third party.
Third Party Services
You may order services or merchandise through AnyWareToolz, Inc., AWT System or from other persons not affiliated with. AnyWareToolz, Inc. All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and AnyWareToolz, Inc. . We make no warranties or representations whatsoever with regard to any goods or services provided by AnyWareToolz, Inc. . You will not consider AnyWareToolz, Inc. nor will AWT’s system be construed as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify AnyWareToolz, Inc. of any unauthorized use of your account, registration or password.
Warranties
AnyWareToolz, Inc. makes no warranty that AnyWareToolz, Inc. products, including the site, e-mail newsletters, or other material will meet your requirements, or that AnyWareToolz, Inc. will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of AnyWareToolz, Inc. products. AnyWareToolz, Inc. will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of AnyWareToolz, Inc. .
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of AnyWareToolz, Inc. is at your own discretion and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
You understand and agree that AnyWareToolz, Inc. does not guarantee the accuracy or completeness of any information in or provided in connection with the site, e-mails, or other products. AnyWareToolz, Inc. is not responsible for any errors or omissions or for the results obtained from the use of such information. AnyWareToolz, Inc. is not responsible for any damage or less caused or alleged to be caused by AnyWareToolz, Inc. information.
Limitation of Liability
AnyWareToolz, Inc. shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the site or other products, or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through AnyWareToolz, Inc. or resulting from unauthorized access to or alteration of your transmissions or data, including but not limited to, Negligence, damages for loss of profits, use, data or other intangible, even if AnyWareToolz, Inc. has been advised of the possibility of such damages.
Promotional Messages
AnyWareToolz, Inc. and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. AnyWareToolz, Inc. makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither AnyWareToolz, Inc. nor such third party shall have any liability with respect thereto.
Indemnification
You agree to indemnify and hold AnyWareToolz, Inc. , affiliates, officers and employees, writers, consultants, and others harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, the violation of these Terms by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity. This indemnification includes any human resources and/or legal information you may receive from the site.
Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law’s provisions.
Should any controversy arise from use of this Web site, you agree to submit to the exclusive personal jurisdiction and venue of the courts located only in the County of Orange, California. You further agree that any such legal action brought by you must be instituted within six (6) months time of arising, or forever waived and barred. The language of these terms of use shall be interpreted as to its fair meaning and not strictly for or against any party.
In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms or to exercise any right under the Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
AnyWareToolz, Inc. may assign its rights and obligations under these Terms and upon such assignment AnyWareToolz, Inc. may be relieved of any further obligation hereunder.
You represent to AnyWareToolz, Inc. that you have the authority to register with AnyWareToolz, Inc. according to these Terms of Service.
These Terms and any Additional Terms (as such terms shall be identified when posted on) constitute the entire understanding between the parties as to subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms will, at the election of AnyWareToolz, Inc. , be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms will remain valid and enforceable.
AnyWareToolz, Inc. reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior written notice to you.
Notices on Privacy and also on "Community" areas
AWTlogin.com is the Website of AWT, a product of AnyWareToolz, Inc. Our postal address is: 95 Enterprise, Suite 370 Aliso Viejo, Ca. 92656. We can be reached by e-mail at dion@awtlogin.com or by telephone at 800-846-7745. Your use of our Web site indicates to us that you have read and accepted our Privacy Policy and our Terms and Conditions.
We have developed this Privacy Policy to advise subscribers and users of our products about our possible uses of information collected by us and to inform you on how to modify your marketing preferences. This Privacy Policy is subject to change. When we make any material change to this Privacy Policy, we will inform you by posting a notice on the home page of this site and by changing the date on this page noting when the Privacy Policy was last updated.
When you subscribe, register, make purchases or at other times, we collect and store personally identifiable information from you that may include your name, postal and e-mail addresses, credit card information, facts about your profession, company and responsibilities and information regarding your computer system. For each visitor to this Web site, our web server may automatically attempt to identify the user through a cookie set within your browser. This is done to provide access to the site. From time to time we may also track information, in aggregate, on pages and features that user’s access or view. The activity is collected and stored in our server's log files. Our email alerts utilize tracking technology that allows us to see how many newsletter e-mails are opened and the e-mail address of users who have clicked on a given story, feature or advertisement. We use this information for internal purposes to measure the aggregate number of people who view a given newsletter item.
We may also set cookies to your computer to allow subscribers and users to store login information, set personalization and navigate easily through the site. Additionally, through the use of an additional cookies or technology, we will have the ability to track users by their behavior profile and geographic location for the purpose of pushing advertising that matches their interests and/or specific location. We may conduct online surveys and contests or generate content that is presented by aggregating activity of users on the site. These surveys and contests are entirely voluntary and you may decline to participate.
Information collected about subscribers and users may be used by us and our affiliates and partnering third-party companies to provide subscribers and users with the features of the site, to enable us to provide the products you requested, to personalize content and advertising, to send you e-mail notifications about our services and products, for audits, to perform statistical analysis of user behavior in order to measure interest in the various areas of our site (such as for product development purposes), to enforce our user agreement and to inform advertisers as to how many users have seen or "clicked" their advertising banners. We will disclose site usage information to third parties only in aggregate.
From time to time, we may make individual subscriber or user information available to carefully selected third parties to send you information through e-mail or postal mail about their products or services. If you prefer not to have your personal information disclosed to third parties for direct marketing purposes, please send an e-mail stating this preference and including your full name and e-mail address to dion@awtlogin.com. Also, during the registration process, a user can indicate on the registration form that he or she does not wish to receive such marketing materials. A user may change/correct his/her preferences or personal information at any time online or by contacting us at the above e-mail address or phone number. We retain the right to contact a subscriber or registered user regarding account status, orders for products or services, changes to the registration agreement or to enforce our subscription agreement.
We will remove any registrant (and their personal information) fromour database pursuant to a request from the registrant, including full name and e-mail address, to dion@awtlogin.com. You may not be able to fully access this Web site if you request removal of your personal information.
This Web site is operated in the United States. If you are located in the European Union or elsewhere outside of the United States, please be aware that any information you provided to us will be transferred to the United States. By using our Web site, participating in any of our services and/or providing us with your information, you consent to this transfer.
If you have any questions or concerns about the substance or implementation of this Privacy Policy, please contact the AnyWareToolz, Inc. Legal Department at dion@awtlogin.com or 800-846-7745.
Policy Last Updated: May 10, 2009
Links and Other References to Outside Information
AnyWareToolz, Inc .provides links and other references to information at other Web sites, other organizations, and other third-parties. This is a service that is continually under development. While we try to keep the information timely and accurate, we make no guarantees. We will make an effort to correct errors brought to our attention.
We do not control or guarantee the accuracy, relevance, timeliness, or completeness of this outside information. Further, the inclusion of pointers to particular items in hypertext is not intended to reflect their importance, nor is it intended to endorse any views expressed or products or services offered by the author of the reference or the organization operating the server on which the reference is maintained.