By accessing or using our website, mobile applications or any other websites hosted by our service providers on our behalf (collectively the “Sites”), you agree to be bound by the following terms and conditions (“Terms”) set forth by Ae Rugged, Inc. (“Ae Rugged”), an Iowa corporation with offices at Unit 200 – 17825 64 Ave – Surrey, British Columbia – Canada. This Site is intended for use by Ae Rugged, its dealers, its customers, its potential customers, its suppliers and other authorized users as determined by Ae Rugged. If you do not agree with these Terms, please do not use our Sites.
Your continued use of our Sites constitutes acceptance of these Terms, which are subject to change from time to time and without notice. You should periodically review these Terms for any changes. Unless otherwise stated, any changes to these Terms will be effective on the date they are posted.
LINKS TO THIRD PARTY SITES
Our Sites may contain links to other third party websites (“Linked Sites”). The Linked Sites are not under the control of Ae Rugged and Ae Rugged is not responsible for the content of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ae Rugged is not responsible for webcasting or any other form of transmission received from any Linked Site. Ae Rugged is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ae Rugged of such Linked Sites or any association with their operators. Therefore, we encourage you to be aware when you leave our Sites to read the terms and conditions and privacy policies of each Linked Site you visit.
NO ILLEGAL OR PROHIBITED USE
As a condition of using our Sites, you warrant to Ae Rugged that you will not use our Sites for any purpose that is illegal or prohibited by these Terms. You may not use our Sites in any way that could damage, disable, overburden or impair our Sites or interfere with the use and enjoyment of any other part of our Sites. You may not obtain or attempt to obtain any materials or information by any means other than intentionally made available or provided through the Sites.
USE OF COMMUNICATION SERVICES
Our Sites may contain bulletin board services, chat areas, newsgroups, forums, communities, personal pages, calendars and/or other messages or communication features designed to enable you to communicate with the general public or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and materials that are appropriate and related to the particular Communication Service. By way of example, and not by way of limitation, you agree that by using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Ae Rugged is under no obligation to monitor the Communication Services. However, Ae Rugged reserves the right to review materials posted on a Communication Service and remove any materials in its sole discretion. Ae Rugged also reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason.
Ae Rugged reserves the right to use any personal information you post on the Communication Service in accordance with its Privacy Statement. This includes the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to publish or remove any information or material, in whole or in part, in Ae Rugged’s sole discretion.
Always use caution when providing any personally identifiable information about yourself or your children on any Communication Service. Ae Rugged does not control or endorse the content, messages or information found on any Communication Service and therefore Ae Rugged specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by Ae Rugged spokespersons, and their views do not necessarily reflect those of Ae Rugged.
Materials uploaded to a Communication Service may be subject to posted limitations on use, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS SUPPLIED TO AE ROBUSTA OR POSTED ON THE SITES
Ae Rugged does not claim ownership of the materials you provide to Ae Rugged (including comments and suggestions) or post, upload, input or submit to any Ae Rugged Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Ae Rugged, its affiliated companies and sublicensees permission to use your Submission in connection with the operation of Internet business, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and publish your name in connection with your Submission.
No compensation will be paid in connection with the use of your Submission as provided herein. Ae Rugged’s Rugged Military, Industrial and Commercial Applications Computer Servers is under no obligation to post or use any submissions you may provide and may remove any submissions at any time on Ae Rugged’s Rugged Military, Industrial and Commercial Applications Computer Servers , at its sole discretion.
By posting, uploading, entering, providing or submitting your Submission, you warrant and represent that you own or control all rights in your Submission as described in this section, including, without limitation, all rights necessary for you to provide, post, upload, enter or send Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AE RUGGED SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HERE. AE RUGGED AND/OR ITS SERVICE PROVIDERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE AE RUGGED SITES AT ANY TIME. INQUIRIES RECEIVED THROUGH THE AE RUGGED SITES SHOULD NOT BE RELIED ON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE REQUIRED TO YOUR SITUATION.
AE RUGGED AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. AE RUGGED AND/OR ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AE RUGGED AND/OR ITS SUPPLIERS, SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THE AE RUGGED SITES, THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF YOUR USE OF THE SITES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER HARMFUL OR ANY OF ITS SUPPLIERS, SUPPLIERS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, OR ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITES.
You agree to defend, indemnify and hold harmless Ae Rugged, its directors, officers, employees and agents from and against any and all claims, damages, losses, liabilities, costs or debts and expenses (including reasonable attorneys’ fees) arising out of or as a result of (i) your use of and access to our Sites; (ii) your breach of these Terms, including, but not limited to, any obligation, representation or warranty made herein; and (iii) your violation of any third party right, including, without limitation, any intellectual property right, proprietary right, or right of privacy. This defense and indemnification obligation will survive termination of these Terms and your use of the Sites.
TERMINATION / RESTRICTION OF ACCESS
Ae Rugged reserves the right, in its sole discretion, to terminate your access to our Sites and related services or any part thereof at any time without notice. To the fullest extent permitted by law, this agreement is governed by the laws of the State of Iowa, USA, and you consent to the exclusive jurisdiction and venue of the courts in Cedar Rapids, Iowa. in all disputes arising out of or relating to your use of the Sites. Use of the Sites is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. You agree that no joint venture, partnership, employment or agency relationship exists between you and Ae Rugged as a result of this agreement or use of the Sites. Ae Rugged’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ae Rugged’s right to comply with governmental, judicial and law enforcement requests or requirements relating to your use of the Sites or information provided to or collected by Ae Rugged in connection with such use.
If any part of this agreement is held to be invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and limitations of liability set forth above, the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that approaches the intent of the original provision and the remainder of the agreement will remain in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Ae Rugged with respect to the Sites and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ae Rugged. Ae Rugged with respect to the Sites. A printed version of this agreement and any notice provided in electronic form will be admissible in legal or administrative proceedings based on or related to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in paper form. It is the express wish of the parties that this agreement and all related documents be drafted in English.
COPYRIGHT AND TRADEMARK NOTICES
All content on the Sites is: Copyright 2009-2021 Ae Rugged, Inc. and/or its vendors, suppliers or service providers. All rights reserved.
The names of current companies and products mentioned herein may be the trademarks of their respective owners. You cannot use any of the Ae Rugged trademarks or any other marks without express written permission. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Ae Rugged respects the intellectual property rights of others and expects users to do the same. Pursuant to 17 U.S.C 512(c)(3) (Digital Millennium Copyright Act of 1998), Ae Rugged designated agent to receive notice of alleged copyright infringement is:
Ae Rugged, Inc.
Unit 200 – 17825 64 Ave
Surrey, British Columbia
Canada – V3S 1Z3
To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/pl105-304.pdf (visited July, 2018). Ae Rugged will act pursuant to the Act to resolve claims of infringement. Those accused of copyright infringement are informed that repeated violation could result in permanent suspension from the Site.
Ae Rugged designs all servers to meet or exceed the specifications listed herein. Due to the sheer number of models and combinations of components (memory, CPU, peripheral cards, hard drives), it is not practical to test every combination of servers offered. Please ask your Ae Rugged Program Manager for data on qualification testing for configurations similar to the desired configuration for your application.
CPU selection may prevent the installation of DVD/CD in order to provide adequate cooling for the system. Contact Ae Rugged Business Development Manager for details.