Terms & Conditions

Terms And Conditions

Ownership of Site; Agreement to Terms of Use

Please read these terms and conditions of use (hereinafter referred to as “Terms of Use”) carefully before using www.atnesis.com (this “Site”). The Site is the property of ATNESIS (hereinafter referred to as “ATNESIS,” “we,” “our”) and its licensors. BY VISITING, ACCESSING AND USING THIS SITE IN ANY MANNER, YOU INDICATE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

ATNESIS reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ATNESIS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

Content

The Site, including all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ATNESIS, and is protected by worldwide copyright laws and treaty provisions. Content of this Site is also protected by copyright, trade dress, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except expressly provided in these Terms of Use, you may not use, copy, reproduce, modify, publish, upload, post, transmit, publicly display, encode, translate or distribute in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ATNESIS’s express prior written consent.

You may use information on ATNESIS products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by ATNESIS for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) make no modifications to any such information, and (3) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ATNESIS reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ATNESIS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ATNESIS, including any ATNESIS account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ATNESIS’s systems or networks, or any systems or networks connected to the Site or to ATNESIS.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activities being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ATNESIS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ATNESIS or others.

Privacy

ATNESIS’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view ATNESIS’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the ATNESIS Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ATNESIS’s control, and ATNESIS is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ATNESIS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ATNESIS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ATNESIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ATNESIS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ATNESIS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ATNESIS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

ATNESIS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will ATNESIS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ATNESIS has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold ATNESIS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ATNESIS by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

ATNESIS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ATNESIS’s rights or property, or the rights or property of visitors to or users of the Site, including ATNESIS and our customers. ATNESIS reserves the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. ATNESIS also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that ATNESIS may preserve any transmittal or communication by you with ATNESIS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ATNESIS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ATNESIS, its employees, users of or visitors to the Site, and the public.

You agree that ATNESIS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ATNESIS, for which monetary damages would be inadequate, and you consent to ATNESIS obtaining any injunctive or equitable relief that ATNESIS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ATNESIS may have at law or in equity.

You agree that ATNESIS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If ATNESIS does take any legal action against you as a result of your violation of these Terms of Use, ATNESIS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ATNESIS. You agree that ATNESIS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

This Terms of Use shall be governed by and construed in accordance with the laws of Malaysia without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Terms of Use shall be finally settled by arbitration in accordance with the Rules for Arbitration of the Kuala Lumpur Regional Centre for Arbitration. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND ATNESIS ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Malaysia export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and ATNESIS with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and ATNESIS with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with ATNESIS, ATNESIS will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. ATNESIS’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by ATNESIS of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between ATNESIS and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Contact

If you have any questions, complaints, or claims with respect to the use of this Site, you may contact us at sales@atnesis.com.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. ATNESIS shall be free to use such information on an unrestricted basis.