TERMS OF USE

TERMS OF USE OVERVIEW

Genesis ATS operates the website located at www.austints.com, on which a copy of these Terms of Use appear, as a service to its customers residing in the United States of America, its territories and possessions ("U.S."). Genesis ATS is the owner or authorized user of the content displayed on the Austin Tele-Services website.

1. USER ELIGIBILITY

Austints.com is available only to residents of the U.S. who are over the age of 18 and can form legally binding agreements. The products and services available on austints.com is available only in the U.S. If you do not qualify, do not use austints.com. In addition, you should only access austints.com from within the United States or its territories, as access to austints.com may be prohibited in countries outside the U.S. If you access austints.com from outside the United States, you do so at your own risk and you are responsible for complying with the laws and regulations of your territory of access.

Special Note regarding Children: austints.com is not intended for use by children under the age of 18 and, therefore, children under the age of 18 should not use austints.com. Genesis ATS will comply with the Children's Online Privacy Protection Act and will not knowingly collect information from children under the age of 18. If you have children under the age of 18, you should not allow those children to use austints.com and you should always monitor your children's use of the Internet. You should make your children aware that providing information about themselves over the Internet could be dangerous. Furthermore, parental control software is available to help you monitor your children's use of the Internet and to block your children's access to particular Internet sites.

2. OWNERSHIP AND PERMITTED USE OF GENESIS ATS SITES AND THEIR CONTENT

Genesis ATS provides austints.com and their contents for your information, education and shopping pleasure. Please feel free to browse austints.com. However, you should keep in mind that all of the information, content, and other material contained on austints.com, including text, trademarks, written material, trade dress, catalogs, technical information and advertisements (all "Content") are the sole and exclusive property of Genesis ATS, its licensors, or other third parties. Such Content is protected under United States copyright and other laws and international treaty provisions and any unauthorized use by you of this Content may subject you to civil and criminal penalties. The ownership of all Content is retained by Genesis ATS. You may view, download, and print material displayed on austints.com for your personal, non-commercial use only, provided you retain all copyright, trademark and other proprietary notices contained within the materials.

3. CERTAIN RESTRICTIONS ON USE

You may not:

  • Distribute, retransmit, republish, reuse, repost, or use the contents of austints.com for public or commercial purposes, without Genesis ATS's prior written permission;
  • Alter, modify, frame, or "mirror" any content contained on austints.com;
  • Link to austints.com;
  • Use any data mining, robots, or similar data-gathering and extraction tools in connection with austints.com;
  • Remove or alter any copyright or other proprietary notices contained on the Content;
  • Input or upload onto austints.com any information or computer code that is intended to, or are likely to, damage, interfere with, alter, intercept or expropriate any data or system, or that infringes any intellectual property rights of Genesis ATS or any third party. Inappropriate uploads and inputs include, but are not limited to the following: Trojan horses, worms, time bombs, cancelbots and other unauthorized computer programming routines;
  • Post or transmit any unlawful, threatening, obscene, libelous, or otherwise offensive material to austints.com;
  • Or engage in any type of harassment activity via austints.com.

All rights not expressly granted in these Terms of Use are retained by Genesis ATS.

4. ERRORS

Genesis ATS shall have no responsibility for errors of any kind on austints.com or any Linked Website. Errors may include incorrect product and service descriptions, incorrect information regarding the availability of specific products, typographical errors and obsolete information, with the result that product and service descriptions, information regarding product availability, pricing information and the descriptions of promotional offers or other data may not be complete, current or accurate. In addition, errors may result when honoring a request or request for quote placed by you if such request or request for quote is based on incorrect information. Genesis ATS reserves the right to update or change information and correct any errors, inaccuracies, or other errors at any time.

5. FEEDBACK AND SUBMISSIONS

Genesis ATS welcomes your comments regarding the products and services offered on austints.com. From time to time you may be given the opportunity to respond to surveys and provide feedback regarding (i) the store located on a unique Genesis ATS Site and (ii) austints.com in general. Please understand that any questions, comments, testimonials, feedback, responses to surveys, suggestions, or similar material disclosed, submitted or posted by you on austints.com or through the feedback and survey opportunities offered by Genesis ATS or third parties will be considered non-confidential, non-proprietary and not personal to you nor anyone else and may be disseminated or used by Genesis ATS, its affiliates, and the third parties collecting the feedback and responses for any purpose including, but not limited to, developing, manufacturing or marketing products. In addition, by disclosing, submitting, or posting material to austints.com, you grant to Genesis ATS a non-exclusive, worldwide, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, edit, publish, translate, rework distribute and display that material without compensation or acknowledgement of source. Therefore, you should not send Genesis ATS any creative ideas, original materials, suggestions, marketing plans or other information that you would like to remain confidential or for which you would like acknowledgement or compensation. Additional terms and conditions may apply in connection with certain types of submissions (e.g. testimonials, sweepstakes or contest entries). If applicable, these additional terms and conditions will be set forth where you submit the information or in a link adjacent to where you submit the information. You should review all additional terms and conditions carefully before submitting material to austints.com.

By submitting material to austints.com, you represent and warrant that you own or otherwise control the rights to your submission and that your submission does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, or any form of spam. Furthermore, you understand that you may not use a false name, impersonate any person or entity, or otherwise mislead Genesis ATS as to the origin of any submission. You agree to indemnify Genesis ATS for all claims against it that arise from or are connected with your submission(s).

6. DISCLAIMER OF WARRANTY

Austints.com, including all Content and the Content of any Linked Websites, are provided "as is" and "as available."

AS TO AUSTINTS.COM, AND ANY LINKED WEBSITE, TO THE FULLEST EXTENT PERMITTED BY LAW, GENESIS ATS EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Without limitation to the foregoing, ATS makes no warranty: (a) that there will be no interference with your enjoyment of austints.com or Linked Websites; (b) that the Content provided on austints.com or Linked Websites will fulfill any particular purpose or need; (c) that the Content provided on austints.com or Linked Websites is complete, reliable or accurate; (d) that any request or request for quote placed by you to austints.com or Linked Websites will be honored according to your schedule or any stated schedule; (e) that austints.com or Linked Websites will otherwise meet any specifications, requirements or expectations; (f) that austints.com or Linked Websites will be uninterrupted, timely, secure or error free; (g) that the results obtained from use of austints.com or Linked Websites will be accurate and reliable; (h) that any errors in the content of austints.com or Linked Websites will be corrected; (i) that materials on austints.com or Linked Websites are appropriate or available for use in any particular location; or (j) that products or services displayed or referenced on austints.com or Linked Websites are available for use in any particular location.

You assume total responsibility and risk for your use of austints.com and any Linked Website. Any material downloaded or otherwise obtained through the use of austints.com or Linked Website shall be so obtained at your own discretion and risk. Genesis ATS will not be responsible for any damage to your computer system or loss of data that results from obtaining any material from austints.com or any Linked Website. You assume the entire cost of any repairs, corrections or servicing of the products you order from austints.com or any Linked Website.

7. LIMITATION OF LIABILITY

Genesis ATS will not be liable under any theory (including negligence) for any incidental, consequential, indirect, special, lost profits or punitive damages arising out of your access to or use of austints.com, even if Genesis ATS has been advised of the possibility of such damages.

8. ORDER FULFILLMENT

Genesis ATS reserves the right in its sole discretion, without prior notice and for any reason, including but not limited to unavailability of products, to deny an order or to refuse to fulfill an order in whole or in part. Furthermore, Genesis ATS shall not be liable to you or any third party for such denial or refusal.

9. TERMINATION

Genesis ATS may, in its sole discretion, terminate your use of austints.com or terminate your rights under these Terms of Use for any reason, without prior notice. In its sole discretion, and at any time, Genesis ATS may also discontinue providing austints.com or any one or part, with or without notice. Genesis ATS shall not be liable to you or any third party for any of the foregoing. Sections 1-14 shall survive the expiration or termination of these Terms of Use.

10. LINKS

Austints.com may from time to time display links to other websites or resources sponsored by third parties as a convenience to you (such third party sites are known as "Linked Websites"). Genesis ATS has no control over Linked Websites and shall not be responsible for the availability of Linked Websites or their content. Access of Linked Websites is at your own risk. Third-party websites (and any websites to which they link) may also contain information that is inaccurate, incomplete, or outdated. Genesis ATS does not endorse or provide warranties of any kind as to the proprietors or content of any Linked Websites, including any linked website of any joint venture company or other company related to Genesis ATS.

11. OTHER

These Terms of Use will be governed by the laws of the State of Texas, as applied to contracts entered into between Texas residents and performed in Texas. Any dispute arising out of these Terms of Use or your use of austints.com shall be subject to the exclusive jurisdiction of state or federal courts located in Travis County, Texas, USA, and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at this site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms of Use constitute the entire agreement between you and Genesis ATS relating to use of austints.com, superseding any other agreement between you and Genesis ATS with respect to the subject matter of these Terms of Use. Section headings in these Terms of Use are for convenience only and have no legal or contractual effect. If any provision of these Terms of Use shall be found to be unenforceable, the other provisions shall still remain in full force and effect.

12. AMMENDMENTS

Genesis ATS reserves the right, at its sole discretion, to revise, change, or modify the Terms of Use and Privacy Policy at any time by updating this posting. Your continued use of austints.com following the posting of changes to these Terms of Use and Privacy Policy signifies your acceptance of those changes. Therefore, you should check these Terms of Use and Privacy Policy from time to time as you visit austints.com.

13. UPDATES AND CHANGES TO POLICIES

Genesis ATS may change its Terms of Use policies from time to time by posting updated versions of the terms here. As we may make changes to these terms at any time without notifying you, we suggest that you review the Terms of Use each time you access or use austints.com.

14. CONTACTING US

If you have questions regarding these Terms of Use, you may contact us using the information below:

Genesis ATS
4209 S. Industrial Drive
Suite 300
Austin, TX 78744

Note: If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this Genesis ATS Sites, please notify us immediately through the provided Contact form.

15. EFFECTIVE DATE

Effective Date: December 1, 2010