GENERAL

a. This site is part of the California State Polytechnic University, Pomona websites.

b. The ATRC may change, add or remove portions of this Agreement at any time.

c. YOUR CONTINUED USE OF THE SITE WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

d. The ATRC may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database, or content. The ATRC may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

CONTENT
a. The contents of the Site are intended for your personal, noncommercial use. All materials published on the Site (including, but not limited to white papers, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by the ATRC or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site.

b. The Site and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in this Section 2), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Site in whole or in part.

c. Copying or storing of any original Content for other than personal use is expressly prohibited without prior written permission from the ATRC.

SUBMISSIONS
a. You are solely responsible for the content of any submission you make to the Site. The ATRC reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

b. You acknowledge that any submissions you make to the Site may be edited, removed, modified, published, transmitted, and displayed by the ATRC and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.

c. By submitting information to the Site, you hereby grant to the ATRC, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold the ATRC harmless for any liability arising due to the use or distribution of those materials. You further grant the ATRC the right to use your name in connection with the reproduction or distribution of such material. The ATRC shall not be responsible for the similarity of any of its content to materials or ideas transmitted to the Site.

LINKS
The Site contains links to other related World Wide Web Internet sites, resources, and sponsors. Since the ATRC is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

REPRESENTATIONS AND WARRANTIES
a. You represent, warrant and covenant (a) that no materials of any kind submitted to the ATRC will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless the ATRC, from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. The ATRC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.

b. You expressly agree that use of the Site is at your own risk. Neither the Site, nor the ATRC may make any representations or warranties of any kind regarding the Site, the content or the results that may be obtained from use of the Site. The Site is provided on an "as is" basis and the Site and the ATRC specifically disclaim any express or implied warranties, including without limitation, warranties of fitness for a particular purpose, warranties of merchantability or warranties against infringements.

c. The Site and the ATRC shall in no event be liable for any damages or losses, including, without limitation, direct, indirect, consequential, special, incidental or punitive damages, resulting from or caused by the Site or its content, including, without limitation, losses related to: your use or inability to use the Site; any errors, omissions or defects in the content; or any interruptions, delays in transmission or computer viruses.

d. The ATRC does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Site by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

FEES AND PAYMENTS
The ATRC reserves the right at any time to charge fees for access to portions of the Site or the Site as a whole. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. Thus, if at any time the ATRC requires a fee for portions of the Site that are now free (e.g., “Ask the Experts”), the ATRC will give you advance notice of such fees and the opportunity to cancel the transaction before such charges are imposed. All new fees, if any, will be posted in the appropriate locations on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Site by the ATRC or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Site through your account.

TERMINATION

The ATRC may, in its sole discretion, terminate or suspend your access to all or part of the Site for any reason, including, without limitation, breach or assignment of this Agreement.

MISCELLANEOUS

a. This Agreement has been made in and shall be construed and enforced in accordance with California law. Any action to enforce this agreement shall only be brought in the federal or state courts located in Los Angeles.

b. Notwithstanding any of the foregoing, nothing in this agreement will serve to preempt the ATRC Privacy Policy.

c. Official correspondence must be sent via postal mail to:

Jean Gipe

Apparel Technology & Research Center

California State Polytechnic University, Pomona

3801 W. Temple Ave.

Pomona CA 91768

I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.