BY PLACING AN ORDER FOR GOODS OR SERVICES FROM THE WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS REFERENCED HEREIN. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THE TERMS OF THIS AGREEMENT.YOU MAY NOT ORDER OR OBTAIN GOODS OR SERVICES FROM THIS WEBSITE IF YOU (i) DO NOT AGREE TO THIS AGREEMENT, (ii) ARE NOT THE OLDER OF (A) AT LEAST 18 YEARS OF AGE OR (B) LEGAL AGE TO FORM A BINDING CONTRACT WITH ASTRONOVA, INC., OR (iii) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.
This version of this Agreement became effective on March 24, 2017, and amends restates and replaces any version effective prior to such date. We reserve the right, in our sole discretion, to modify this Agreement, in whole or in part, at any time, with or without your consent. All amendments are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
Registration for use of Online Store; Online Purchases
In order to purchase AstroNova products online through the e-commerce section of the Website located at shop.astronovaproductid.com (the “Online Store”), you must create an AstroNova account by providing us with current, complete, and accurate information as prompted by the online enrollment form and by selecting a password, the confidentiality of which shall be your responsibility. You agree to notify AstroNova immediately of any actual or suspected unauthorized use of your AstroNova account, or any other breach of security.
All purchases through our Online Store or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by our then-current Invoice Terms and Conditions, located at https://astronovainc.com/legal-notices/terms-and-conditions/ (collectively, the “Terms of Sale”). The Terms of Sale are hereby incorporated into this Agreement.
Use of Software
If you download software from this Website (“Software”), use of the Software is subject to the license terms in the software license agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the applicable software license agreement.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio and the design, selection, and arrangement thereof) (collectively “Content”) are owned by AstroNova, its licensors or other providers of such material and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except for the limited, non-exclusive, non- sublicensable, and non-transferable license we grant you under this Agreement, your use of the Website does not grant you any license or permission under any copyright, trademark, or other intellectual property rights of AstroNova or any third party. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Website or its Content, except as follows:
- Your computer may temporarily store copies in RAM incidental to your accessing and viewing the website.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website and the Content for your own personal, non-commercial use, or for the limited commercial purposes of purchasing, considering the purchase of, or using after the purchase of AstroNova’s goods and/or services.
You must not:
- Modify copies of the Website or the Content.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the website or the Conten.
- Access or use the Website or its Content for commercial purposes other than purchasing, considering the purchase of, or using after purchase AstroNova goods and services.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Content in breach of this Agreement, your right to use the Website and Content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or Content is transferred to you, and all rights not expressly granted are reserved by AstroNova. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
QuickLabel®, TrojanLabel®, GetLabels™, Labels You Want When You Need Them®, Natura™, Kiaro!®, and all related names, logos, product and service names, designs, and slogans are trademarks of AstroNova, Inc. (“AstroNova”), and may not be used without the prior written permission of AstroNova. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners For a full list of marks owned by AstroNova, click here. These trademarks may not be used in connection with any service or products other than those provided by AstroNova, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits AstroNova. Any use of such marks, or any others displayed on the website, will inure solely to the benefit of their respective owners.
You may use the Website only for lawful purposes and in accordance with this Agreement. You agree not to use the Website:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries)
- To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm AstroNova or users of the Website or expose them to liability
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
- Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website, or introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE), OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES, SOFTWARE, OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES, SOFTWARE OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ASTRONOVA MAKES NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, ASTRONOVA DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES, SOFTWARE OR ITEMS OBTAINED THROUGH THE WEBSITE 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 WEBSITE OR ANY SERVICES, SOFTWARE OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ASTRONOVA 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.
Limitation on Liability
IN NO EVENT WILL ASTRONOVA, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES, SOFTWARE OR ITEMS OBTAINED THROUGH THE WEBSITE 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.
IN NO EVENT SHALL ASTRONOVA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE GOODS OR SERVICES SOLD THROUGH THE SITE.
You agree to defend, indemnify and hold harmless AstroNova, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website, including, but not limited to, any use of the Website’s content, services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and this Agreement, 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 Rhode Island without giving effect to any choice or conflict of law provision or rule (whether of the State of Rhode Island or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Rhode Island. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by AstroNova of any term or condition set out in this Agreement 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 AstroNova to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 Agreement will continue in full force and effect.