Terms of Use

1. Definitions

automarker.com is a web site for commercial provision of information, data, digital Content and application Services and is owned and operated by Assyst GmbH, Max-Planck-Straße 3, 85609 Aschheim-Dornach, Germany. Content are all information, files, images, data, software, digital Content of any kind available from automarker.com. Services are all actions carried out at automarker.com which involve any form of data processing and provisons of the results thereof. Assyst when used in these Terms, refers to Assyst GmbH and includes all its parents, subsidiaries, divisions, branches, affiliates or companies under common ownership or control of Assyst GmbH. The User is the individual or corporation entering into this agreement with Assyst GmbH and using automarker.com under the following Terms of Use.

2. Agreement

Access to and use of automarker.com and the Contents and Services available through automarker.com are subject to all applicable laws and regulations and to these Terms of Use. By registering and accessing automarker.com, the User agrees to these Terms of Use which form a legally binding agreement. These Terms of Use may be changed by Assyst from time to time without specific notice to the User. The latest Terms of Use will be available through registration on automarker.com, and the User should always review these Terms of Use prior to using automarker.com to ensure that the User has a current understanding of the Terms of Use under which the User is permitted to access automarker.com. After registration, Assyst will provide a copy of the most recent Terms of Use by e-mail upon request. ACCESS TO AUTOMARKER.COM (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH AUTOMARKER.COM (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.

3. Product & Services Information

automarker.com currently provides the following Contents and Services:

Provision, creation, modification and deletion of user accounts and related storage space
Generation of user logins and passwords
Accept upload of pattern pieces ,grading information and other relevant data from assyst and other pattern CAD-Systems
Accept upload or user specific setting of parameters governing the execution of the Services
Perform automatic pattern nesting calculations on the pattern sets uploaded.
Perform postprocessing for generation of control data to drive certain NC-Plotters and Cutters
Provide data sets resulting from nesting and postprocessing operations for download
Allow status checks and reports of work submitted to automarker.com
Allow status checks and reports of user accounts and statistics data

Assyst retains the right to change, improve, expand, amend or cancel any of the Contents or Services provided, without prior notice to users. In this case, any existing orders which involve prepayments by User will be completed at the terms agreed upon closing, or, if Assyst is no longer capable of providing certain Contents or Services, the user will be reimbursed any unused portions of prepayments.

4. Pricing and Payment

With registration at automarker.com, after using any free Contents or Services that Assyst may have granted, the User accepts that Assyst charges a fee according to appendix A for the Contents or Services provided by automarker.com. All Contents or Services which are properly documented by automarker.com’s automatic recording mechanisms are subject to be charged. Fees are due upon receipt of invoice or billing statement. Any objections to charges must be received by Assyst within 10 business days of receipt of invoice or billing statement. Charges for which no objections are received within 10 business days are final and binding. The amount and methods of determining fees may be changed with a notice of 10 business days. Subscriptions, wether prepayed or not, are in any case completed according to the terms on which they were accepted. Assyst retains the right to terminate the usage of automarker.com for Users who repeatedly submit unfounded objections to charges and Users who are more than 15 days late with any payments.

5. Subscriptions

Assyst offers subscription agreements, which provide a certain amount of work carried out on automarker.com over the period of 1 year (i.e. 100 000 pieces nested during 12 months) for a discounted lumpsum fee according to Appendix A. This lumpsum fee may be charged in monthly portions. In addition, Assyst offers a prepayment discount for subscription fees which are prepayed in full upon closing.

5.1 Prematurely completed Subscriptions

For subscription orders with monthly charges, any charges for any remaining months become due in full upon the premature completion of the subscription volume agreed upon.

5.2 Uncompleted Subscriptions

Since Assyst has to provide resources for subscriptions ordered independently of any actual usage, if the agreed volume for a subscription was not utilized by the end of the subscription period, no refund or carry forward is allowed, unless the fact is attributable to disruptions or discontinuance of Contents or Services by automarker.com which were caused by Assyst.

6. Ownership

Unless otherwise indicated, automarker.com and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion, methods, algorithms related to or provided on automarker.com are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Assyst or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws. ALL RIGHTS RESERVED. The posting of any such elements on automarker.com does not constitute a waiver of any right in such elements. The User does not acquire ownership rights to any such elements viewed through automarker.com. Except as otherwise provided herein, none of the these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission. The Assyst, Assyst GmbH & Assyst logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on automarker.com, unless otherwise noted, are service marks, trademarks and/or trade dress of assyst or Assyst (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on automarker.com are the property of their respective owners. The User agrees not to display or use the Marks in any manner without our prior written permission. The User agrees not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

7. Permission of Use

Permission is hereby granted to the extent necessary to lawfully access and use automarker.com and/or information, materials, products and/or Contents or Services available on it only under these Terms. Any agreement for the usage of automarker.com’s Contents or Services, work results, information or products is strictly between Assyst and the individual or company who ordered the service or registered as User. Usage of automarker.com is only allowed for Users who directly utilize automarker.com’s Contents or Services for their own production purposes. None of the Contents or Services provided on automarker.com may be sublicensed, traded, bartered or in any form made available to third parties. The commercial usage of this website to provide Contents or Services to third parties is explicitly prohibited and requires Assyst’s prior written consent.

8. Hyperlink Disclaimer

automarker.com may contain links and/or advertisements to other web sites maintained by Assyst in addition to links to sites maintained by unrelated companies and persons. An advertisement of, or link to, a non-assyst or non-Assyst web site does not mean that Assyst approves, endorses or accepts any responsibility for that web site, its content or use, or the use of products and services made available through such web site. Assyst are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such web sites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of the User’s use or reliance on such web sites. Such web sites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by Assyst. Assyst do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other web sites which the User may access through automarker.com, the content thereof, or the products and/or Services made available through such web sites. If the User decides to leave automarker.com and access these other web sites, the User does so at the User’s own risk. All rules, policies (including privacy policies) and operating procedures of such web sites will apply to the User while on such web sites.

9. Links from other web sites

Any link to automarker.com without our written permission is prohibited. Notwithstanding authorisation to link to automarker.com, linking to any page other than the initial start page of www.automarker.com is prohibited. Persons providing access to automarker.com via link from another web sites are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source web sites and for any representations made or impressions created concerning Assyst. Authorisation by Assyst to link to automarker.com is given without assumption of any liability by Assyst relating to such links, and Assyst hereby disclaim any such liability. Assyst reserve the right to withdraw any authorisation to link to automarker.com at any time and for any reason. Anyone providing access to, or information relating to automarker.com, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for Assyst.

10. Data Protection Consent

By agreeing to these Terms of Use, the User agrees to the terms of our Privacy Policy. automarker.com uses SSL encryption of all sensitive communications. Any communication or material the User posts or transmits to automarker.com over the Internet is, and will be treated as confidential and proprietary. Upon the transmission of any personal information to us, the User expressly grants permission to Assyst to use such information only for the purpose of providing the Contents and Services rendered by automarker.com. Posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited. Assyst reserve the right to monitor the User’s communications with Assyst whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs. Notwithstanding the foregoing, all personal data provided to Assyst as a result of automarker.com will be handled in accordance with our Privacy Policy.

11. Statements on automarker.com

The documents contained on (or directly accessible from) automarker.com may contain a number of forward-looking statements. Any statements that are not statements of historical fact (including without limitation statements to the effect that Assyst or its management "believes", "expects", "anticipates", "plans" and similar expressions) should be considered forward-looking statements and should not be relied upon.

12. No Warranties

Since the provision of Contents and Services over the Internet unavoidably requires the involvement of third parties Services, such as telecommunication companies, Internet Service Providers, etc, which are beyond the control of Assyst, Assyst make no representations or warranties with respect to automarker.com or its contents, products or services, which are provided for use "as is". Assyst disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infrigement, merchantability, quality and fitness for a particular purpose, with respect to automarker.com and its contents, products or services. Assyst also make no representations or warranties as to whether the information, products or services accessible via automarker.com are accurate, complete, or current. The User accepts that our shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.
The User is responsible to evaluate the accuracy and completeness of all Contents, Services, information, work results, and other materials provided or downloaded from automarker.com prior to any further usage. Any liability for damages of any kind resulting from the usage of unevaluated information, work results, and other Contents or Services provided or downloaded from automarker.com is expressively denied.

13. Exclusion of Liability

To the fullest extent permitted by applicable laws Assyst, on behalf of their employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Assyst have been advised of the possibility of such damages or losses, arising out of or in connection with the use of automarker.com or any web site with which it is linked.
The User assumes total responsibility for establishing procedures for evaluation of accuracy and completeness of all information, work results, and other Contents and Services provided or downloaded from automarker.com prior to any further usage. The User also assumes total responsibility for establishing procedures for regular data back-ups and virus checking as the User considers necessary.

14. Indemnity and Release

The User agrees to indemnify, release and hold Assyst harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to the User’s violation of these Terms of Use or the User’s access or use of automarker.com or any of the information, materials, products Contents or Services available through automarker.com.

15. Modification and Discontinuation

Assyst reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently automarker.com (or any portion thereof) and/or the information, materials, products and/or Contents or Services available through automarker.com (or any part thereof) with or without notice. The User agrees that Assyst shall not be liable to the User or to any third party for any such modification, editing, deletion, suspension or discontinuation.

16. Entire Understanding

These Terms of Use contain the entire understanding between the User and Assyst with respect to automarker.com and no representation,statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

17. Law & Jurisdiction

These Terms of Use are made under German law. Access to, or use of, automarker.com or information, materials, products and/or Contents or Services on automarker.com may be prohibited by law in certain countries or jurisdictions. The User is responsible for compliance with any applicable laws of the country from which the User is accessing automarker.com. Assyst make no representation that the information contained herein is appropriate or available for use in any location. The User agrees that the courts of Munich, Germany shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of automarker.com, and that the laws of the Federal Republic of Germany shall govern such dispute or claim. However, Assyst retain the right to bring legal proceedings in any jurisdiction where Assyst believe that infringement of this agreement is taking place or originating.

18. Contacting Us

If the User has any questions regarding these Terms of Use or any other matter, the User may contact Assyst by writing to Assyst GmbH, Max-Planck-Straße 3, D-85609 Aschheim-Dornach, Germany or through www.automarker.com.