Terms and Conditions

Terms & Conditions

Welcome to The ADI Blog. By using and/or visiting this Website, you agree to and accept these Terms of Service (“Terms of Service”) and the following terms and conditions and policies, including any future amendments (collectively, the “Agreement”):

Although we may attempt to notify you when major changes are made to The ADI Blog Terms of Service, you should periodically review the most up-to-date version (http://blog.adiglobal.us/terms-and-conditions/). ADI may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

1. Description of Service. The services provided in The ADI Blog may contain information, commentary, project case studies, user comments and discussions white papers, marketing presentations, new product reviews, tech tips, datasheets, FAQ’s, collateral and/or other communication facilities. (the “Service”). You understand and agree that the Service is provided to you on an AS IS and AS AVAILABLE basis. ADI disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Service or any other client software. ADI also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.

2. Proper Use. You agree to use the Service only to post and read messages that are proper and related to the Service. You agree that you are responsible for your own use of the Service, for any posts you make, and for any consequences thereof. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. By way of example, and not as a limitation, you agree that when you use the Service you will NOT:

-Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

-Post confidential information.

-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, obscene, indecent or unlawful topic, name, material or information.

-Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including copyright or trademark unless you own or control the rights thereto or have received all necessary consent to do the same.

-Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyrights, trademark, patent, trade secret, or other proprietary right of any party.

-Advertise or offer to sell or buy any goods or services for any business purpose, unless such Service specifically allows such messages.

-Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

-Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designation 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 Services.

-Violate any code of conduct or other guidelines which may be applicable for any particular Service.

-Harvest or otherwise collect information about others, including e-mail addresses.

-Create a false identity for the purpose of misleading others.

-Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.  ADI has no obligation to monitor the Services, however it reserves the right, but shall have no obligation, to investigate your use of the Service in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.

Much of the content of The ADI Blog including the contents of specific postings — is provided by and is the responsibility of the person or people who made such postings. ADI takes no responsibility for such content. We expect that you will use caution and common sense and exercise proper judgment when using the Service.

ADI does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Service or endorse any opinions expressed via the Service. You acknowledge that any reliance on material posted via the Service will be at your own risk.

3. Privacy. As a condition of using the Service, you agree to the terms of the Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that  may access or disclose your personal information, including the content of your communications, if  is required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Service and the Privacy Policy. Personal information collected by ADI may be stored and processed in the United States or any other country in which ADI or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country.

4. General Practices Regarding Use and Storage. You agree that ADI has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Service. ADI retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

5. Content of the Service.  ADI takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features. ADI reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.  ADI also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of ADI, its users and the public. ADI will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.

6. Intellectual Property Rights. You acknowledge that ADI owns all right, title and interest in and to the Service and content submitted by , its employees, agents or consultants, including all intellectual property rights (the “ Rights”). ADI Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. As described immediately below, ADI’s Rights do not include third-party content used as part of the Service, including the content of communications appearing on the Service.

Your Intellectual Property Rights. ADI claims no ownership or control over any Content submitted, posted or displayed by you on or through ADI services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through  services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through ADI services which are intended to be available to the members of the public, you grant  a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on  services for the purpose of displaying and distributing ADI services. ADI furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.

7. Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication that contains the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material on our Web Site that is claimed to be infringing, with information reasonably sufficient to allow us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Such written notification should be sent to:

ADI

ATT: Vice President

263 Old Country Rd

Melville, NY 11747

Email: Adrienne.zimoulis@adiglobal.com

7. No Resale of the Service. Unless expressly authorized in writing by ADI, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Service, (b) use of the Service, or (c) access to the Service.

8. Publicity. Any use of ADI’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (“Trademarks”), must be in compliance with this Agreement.

9. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to  to participate in the Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. You acknowledge that a posting or submission does not constitute notice to ADI for any reason.

10. Termination; Suspension. ADI may, in its sole discretion, at any time and for any reason, terminate the Service or terminate this Agreement.

11. Indemnification. You agree to hold harmless and indemnify , and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, ADI will provide you with written notice of such claim, suit or action.

12. Entire Agreement. You affirm that you are at least 18 years of age or are otherwise competent to contract under the laws of New York. This Agreement and the Rules of Engagement constitute the entire agreement between you and ADI, and governs your use of the Service, superseding any prior agreements between you and ADI. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ADI services, affiliate services, third-party content or third-party software.

13. Waiver and Severability of Terms. The failure of ADI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

14. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of ADI services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Choice of Law. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence.

16. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Service, please refer to http://blog.adiglobal.us/copyright-infringement/ for information on how to file or respond to a notice of infringement.