Terms of Use
Last Updated: 03/14/2024
Welcome to www.theamlab.com ("Site"), the official website for The Advanced Manufacturing Lab ("The AM Lab" or "we" or "us"). We deem it imperative to provide you with essential information concerning this Site, its contents protected by copyright, and the terms that govern your use of the Site as a visitor or registered member of The AM Lab community. These Terms of Use constitute the governing rules for your utilization of the Site. It is vital to note that any information you provide during registration or otherwise is subject to our applicable Privacy Policy, the terms, and conditions of which are expressly incorporated herein by this reference. For a comprehensive understanding, we encourage you to review our Privacy Policy, available at www.theamlab.com/privacy-policy.
By making use of this Site, you explicitly agree to be bound by these Terms of Use and commit to utilizing the Site in strict accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions referenced herein or relevant to specific sections of the Site, as well as to any products and services offered by us through the Site (all collectively forming an integral part of these Terms of Use). It is important to understand that accessing the Site in any manner, whether through automated means or otherwise, constitutes your use of the Site and signifies your unequivocal acceptance of these Terms of Use.
Should you wish to avail yourself of manufacturing services ("Services") from The AM Lab, you will be required to create an account and expressly consent to the Customer Service Agreement, which can be accessed at www.theamlab.com/service-agreement (the "Services Agreement"), and its terms and conditions will govern the provision of Services. Moreover, by using this Site or any Services, you acknowledge and provide your consent to the collection and utilization of information as outlined in the applicable Privacy Policy. This includes the transfer of said information for storage, processing, and use by The AM Lab and its affiliates. In situations where a conflict arises between these Terms of Use and any provision in the Services Agreement, it is expressly clarified that the terms and conditions of the Services Agreement shall prevail.
We retain the right to modify these Terms of Use or impose new conditions on the use of the Site periodically. In such instances, we will post the revised Terms of Use on this Site and update the "Last Updated" date above to indicate the date of the changes. By continuing to access and use the Site following the posting of any such modifications, you unequivocally accept the modified Terms of Use.
Furthermore, we wish to emphasize that we reserve the right to deny access to the Site or any of its features to any individual who violates these Terms of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Site or infringes upon the rights of others. We are committed to ensuring a respectful and enjoyable user experience for all members of The AM Lab community.
Age Requirement:
By Children under 18 are not allowed to visit the Site or submit any materials. If there are additional age requirements for disclosing personally identifiable information based on the user's location, users must ensure their use of the Site and the information provided comply with the relevant laws. For children under 18 who wish to use the Site's services, parental supervision and access are mandatory. Compliance with all applicable laws and regulations is crucial, and failure to adhere to them may result in access termination or other appropriate actions.
Site Use:
By utilizing this Site, you explicitly acknowledge and agree to be bound by these present Terms of Use, and you commit to employing the Site strictly in accordance with these Terms of Use, our Privacy Policy, and any additional terms and conditions referenced herein or specifically applicable to distinct sections of the Site, or to products and services offered through the Site (all collectively forming an integral part of these Terms of Use). The mere act of accessing the Site, irrespective of the manner, automated or otherwise, constitutes your express utilization of the Site and serves as a manifest acceptance of your binding commitment to these Terms of Use.
The AM Lab retains the unrestricted right to effect changes, additions, or deletions to any portions of the Terms of Use periodically and without incurring any liability or obligation to provide prior notice to you. Your continued use of the Site post such modifications unequivocally demonstrates your acceptance and agreement to be legally bound by any and all such alterations. You bear the responsibility to regularly review the Site to ascertain any updates to the Terms of Use and thoroughly examine such revisions. In the event that you do not acquiesce to these prevailing Terms of Use or any forthcoming iterations, we solemnly advise refraining from accessing or utilizing (or continuing to access or utilize) the Site. Additionally, The AM Lab may post supplementary terms, conditions, rules, or requirements pertinent to the Site and/or its services and features. All such provisions are, or shall be, incorporated herein by reference, and you are legally obligated to adhere to and abide by them.
We retain full discretion to deny access to the Site or its features to any individual found to be in contravention of these Terms of Use or whom we, at our sole judgment, deem to be impeding others' enjoyment of our Site or infringing upon their rights.
Key Terms
We strongly emphasize the necessity of reading these entire Terms of Use thoroughly. However, for your immediate attention, we have highlighted some critical provisions:
Applicability: Every instance of your Site usage is governed by these Terms of Use, and any updates thereto shall similarly apply. It is prudent to check back regularly for potential updates.
Permissible Use: The content on the Site may only be utilized in association with your lawful activities on the Site. Any employment of the Site for political, unlawful, or inappropriate purposes is strictly prohibited.
Dispute Resolution: Certain disputes that may arise concerning your access and usage of the Site may be subject to arbitration, entailing your waiver of the right to a jury trial.
Confidential Relationship: By utilizing the Site or engaging in communications with The AM Lab related to the Site, no confidential, fiduciary, or special relationship is established between you and The AM Lab, save as stated in the applicable Privacy Policy.
Site Warranty: The AM Lab provides the Site to you on an "as is" basis, without any warranties of any kind. Accordingly, The AM Lab's liability to you concerning your Site usage is subject to stringent limitations.
INTELLECTUAL PROPERTY RIGHTS
This website ("Site") and all its associated content, encompassing but not limited to layout, photos, images, videos, drawings, color schemes, URLs, catalogs, advertisements, sounds, and all intellectual property rights related thereto, including copyrights, trademarks, service, patents, marks, logos, and trade secrets (collectively "Content"), are either owned by The AM Lab or licensed to us by their respective owners. All rights, titles, and interests in the Site and the Content remain vested in us or our licensors, as applicable. Except for the normal course of website viewing, you may not utilize any Content from this Site, whether on the Site itself or outside of it, without having a pre-existing legal right, title, or interest in said Content. Such unauthorized use includes, without limitation, the reproduction, distribution, re publication, uploading, removal, posting, creation, or attempted creation of any derivative works, as well as modification, reverse-engineering, or transmission of any Content, unless expressly authorized in these Terms of Use.
You are prohibited from removing or altering any copyright, trademark, or other intellectual property or proprietary rights notice or legend found on the Site or within the Content. You hereby agree not to access the Service through any means other than the interface provided by The AM Lab via the Site for such purpose. It is expressly stated that your use of the Site or Service does not grant you any right, license, or permission of any kind to reproduce or use The AM Lab's intellectual property. Any unauthorized use of the Site or its Content may lead to civil or criminal liability, and The AM Lab reserves the right to pursue all available legal remedies in such cases. By accessing this Site or using its services, you acknowledge and consent to be bound by these Terms of Use and the protection of The AM Lab's intellectual property rights.
Laws and Regulations
You hereby agree to adhere to all applicable laws, statutes, ordinances, and regulations concerning: (i) your use of the Site and its Content, and (ii) the release and retrieval of information from the Site. Should any applicable taxes, duties, or other fees apply to your utilization of the Site, you acknowledge and accept responsibility for the prompt payment of such amounts. We retain the right to report any illicit activities, should they come to our attention, and to disclose any information contained within the Site, as required, to relevant government agencies, without incurring any liability on our part.
Moreover, and without limiting our rights as specified above, you explicitly consent and agree that The AM Lab may access, preserve, and disclose your account information and any submissions, if necessitated by law or in good faith belief that such access, preservation, or disclosure is reasonably essential for legitimate business purposes, including, but not limited to: (i) compliance with legal procedures; (ii) enforcement of the Terms of Use; (iii) response to claims of third-party rights violation related to your submissions; (iv) addressing customer service inquiries; or (v) safeguarding the rights, property, or personal safety of The AM Lab, its users and members, and/or the general public.
Indemnification
By accessing and using the Site, you unequivocally agree to indemnify, defend, and hold The AM Lab, including its officers, directors, employees, and representatives, harmless from any and all claims, demands, actions, liabilities, losses, damages, and costs, including reasonable attorneys' fees, arising from: (i) your use of the Site; (ii) any breach of these Terms of Use by you; (iii) the legality, reliability, appropriateness, originality, or copyright of any submission you make; and/or (iv) any violation of another party's rights, whether through action or omission on your part. This indemnification obligation extends to all claims and damages, ensuring The AM Lab's protection in the event of any adverse circumstances arising from your actions related to the Site.
1. Disclaimer of Warranties
THE AM LAB PROVIDES THE SITE, ALONG WITH ALL INFORMATION, CONTENT, USER GENERATED CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND SERVICES ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOUR USE OF THE SITE IS SUBJECT TO THIS UNDERSTANDING, AND YOU ACKNOWLEDGE THAT YOU DO SO AT YOUR SOLE RISK, UNLESS OTHERWISE STATED IN WRITING. THE AM LAB MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS PROVIDED HEREIN OR MADE AVAILABLE THROUGH THE SITE.WHILE WE STRIVE TO MAINTAIN ACCURACY, THE AM LAB DOES NOT GUARANTEE THE AVAILABILITY, ACCESSIBILITY, UNINTERRUPTED OPERATION, OR ERROR-FREE NATURE OF THE AM LAB SITE OR ANY OF ITS PORTIONS, FEATURES, OR SERVICES. PLEASE BE AWARE THAT FROM TIME TO TIME, OR ON A PERMANENT BASIS, CERTAIN PORTIONS OR FUNCTIONALITIES OF THE SITE MAY BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE. IT IS IMPORTANT TO UNDERSTAND THAT ANY USE OF THE SITE OR RELIANCE ON ITS CONTENT IS SOLELY AT YOUR OWN DISCRETION AND RISK. THE AM LAB DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY CONSEQUENCES ARISING FROM THE USE OR UNAVAILABILITY OF THE SITE.
2. Limitation of Liability
THE AM LAB ASSUMES NO LIABILITY TOWARDS YOU, AS YOU SHALL BEAR SOLE RESPONSIBILITY FOR SELECTING, USING, AND DETERMINING THE SUITABILITY OF THE SITE, AS WELL AS THE INFORMATION, CONTENT, SERVICES, AND EXPERIENCES PROVIDED THROUGH IT. THE AM LAB SHALL NOT BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SITE OR YOUR PURCHASE OR UTILIZATION OF ANY SERVICES OR EXPERIENCES OFFERED ON THE SITE. SUCH DAMAGES MAY INCLUDE, BUT ARE NOT LIMITED TO, DATA LOSS, INFORMATION DAMAGE, PERSONAL INJURY, OR PROPERTY DAMAGE, REGARDLESS OF WHETHER THE CLAIMS ARISE FROM CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY. EVEN IF THE AM LAB HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THESE DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY THE AM LAB, THE COMPANY SHALL NOT BE HELD ACCOUNTABLE. IRRESPECTIVE OF THE FAILURE OF ANY REMEDY STATED HEREIN TO ACHIEVE ITS ESSENTIAL PURPOSE, THE AM LAB'S AGGREGATE LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED AND EQUIVALENT TO 100 AED (UAE Dirhams).
3. Force Majeure
For any reason beyond the party's reasonable control, such as acts or threats of terrorism, war, emergencies, acts of God, work stoppages, or similar circumstances, may prevent the party from fulfilling its obligations under this agreement. In such cases, it is mutually agreed that the non-performance during the affected time period shall be excused, and it shall not constitute a default of this agreement.
4. Governing Law
These Terms of Use shall be governed by and construed and enforced in accordance with the internal substantive laws of Dubai, United Arab Emirates, as applied by the Dubai International Arbitration Centre (DIAC), without regard to its conflicts of laws principles. Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or Federal court of competent jurisdiction located in Dubai, United Arab Emirates), any claim, dispute, or controversy arising out of, relating to, or concerning the Site, the Service, and/or these Terms of Use will be decided by binding arbitration in accordance with the Rules of the Dubai International Arbitration Centre (DIAC). Any claim must be brought by you in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, with The AM Lab and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or The AM Lab prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law, or equity) by you must be filed within one (1) year after such claim or cause of action arose or be forever barred. The place of any such arbitration shall be Dubai, United Arab Emirates, as determined by the Dubai International Arbitration Centre (DIAC), and you hereby expressly agree that it shall be the sole site of any such arbitration. Judgment upon any award of the arbitrators may be entered by the Dubai International Financial Centre (DIFC) courts, or any other court having competent jurisdiction located in Dubai, United Arab Emirates, and each of the parties hereto expressly consents and submits to the exclusive jurisdiction and venue of the DIFC courts for this limited purpose.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law. If any part of these Terms of Use as written is held to be invalid or unenforceable, that part, if possible, is to be construed to the fullest extent that would be deemed valid or enforceable, and all remaining portions of the Terms of Use shall remain in full force and effect, in accordance with the laws of the Government of Dubai, as administered by the Dubai International Arbitration Centre (DIAC).
5. Miscellaneous
Our failure to exercise or enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision. In the event that any provision of these Terms of Use is deemed unlawful, void, or unenforceable for any reason, such provision shall be considered separable from the remaining provisions of these Terms of Use, and the validity and enforceability of the remaining provisions shall not be affected. By providing this Site, the Services, and any information, products, or other content through the Site and/or Services, The AM Lab does not intend to distribute or solicit usage of the Site, Services, or such information, products, or other content in jurisdictions where such actions are prohibited by law. You agree to abide by all local rules governing online conduct and acceptable materials. Specifically, you commit to complying with all applicable laws concerning the transmission of technical or other data exported from the United States or the country in which you reside. Furthermore, you acknowledge that, notwithstanding any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Site, Service, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred. These Terms of Use, along with any web pages or other documents incorporated by reference, constitute the entire understanding and agreement between us pertaining to the subject matter herein. Should you encounter any issues, have questions, suggestions, or complaints regarding these Terms of Use or the Site, please do not hesitate to contact us at info@theamlab.com. Your feedback is invaluable to us.