Terms of Use

 

Anatrace offers this site to you subject to the following terms and conditions ("Terms"). Your use of this site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this site. If you have any questions about these terms, please contact Anatrace.

 

General Use Restrictions

 

Anatrace or third parties granting rights to Anatrace hold all right, title, and interest in and to the materials on this Site, which are the copyrighted work of Anatrace or such third parties. Anatrace grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Anatrace website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any materials and you agree not to "frame" or "mirror" the Site, any material contained on or accessible from this Site on any other server or Internet-based device without the advanced written authorization of Anatrace.

 

Anatrace does not routinely monitor your postings to the Site but reserves the right so to do. However, we strive to promote good citizenship within the Internet community, if Anatrace becomes aware of inappropriate use of the Site or any of its Services, Anatrace will respond in any way that, in its sole discretion, Anatrace deems appropriate. You acknowledge that Anatrace will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, Anatrace will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.

 

Links

 

  1. From Anatrace to Third Party Websites

 

In your use of this Anatrace website, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers, members or sponsors of this website. Any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that Anatrace has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

 

This website may be linked to other sites on the World Wide Web that are not under the control of or maintained by Anatrace. Such links do not constitute an endorsement by Anatrace of any such sites. You acknowledge that Anatrace is providing these links to you only as a convenience, and you agree that Anatrace is not responsible for the content or links displayed on such sites to which you may be linked.

 

  1. From Third Party Websites to Anatrace

 

All links to Anatrace websites by third parties (“linking party”) must be approved in writing by Anatrace, except that Anatrace consents to links in which the link and the pages that are activated by the link do not:

 

  • Create frames or border environments around any page or materials on the Anatrace website or use other techniques that alter in any way the visual presentation or appearance of any content within the Anatrace website;

  • Create comparisons of Anatrace products or services with competitive products or services;

  • Shall not replicate any materials on that Anatrace website or any Anatrace logo or trademark without separate writing consent by Anatrace;

  • Misrepresent your relationship with Anatrace;

  • Imply that Anatrace approves or endorses the linking party, the linking party’s website, or the linking party’s service or product offerings in any way;

  • Present false or misleading impressions about Anatrace or otherwise damage the goodwill associated with the Anatrace name and trademarks;

  • Contain content that could be construed as abusive, threatening, harassing, profane or offensive, excessively violent, or which violates or encourages others to violate any applicable law;

  • Contains content that could be construed as obscene, pornographic or sexually explicit materials; and

  • Shall contain only content that is appropriate for all age groups. As a further condition to being permitted to link to this site, the linking party agrees that Anatrace may at any time, in its sole discretion, terminate permission to link to this website. In such event, the linking party agrees to immediately remove all links to this website.

 

By linking to the Anatrace Website, linking party agrees to indemnify and hold Anatrace safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link.   Anatrace shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Anatrace makes no warranties express or implied, with respect to such links.

 

If, according to the above terms, the linking party’s requirement to link to a Anatrace website requires approval by Anatrace, or the linking party is in any doubt about the linking party’s need to have the link approved, please use the contact link at the foot of the Anatrace.com homepage and select ‘website feedback’ from the dropdown as your subject, describing your request in the question area, and a Anatrace representative will contact you.

 

By linking to the Anatrace Website, linking party agrees to indemnify and hold Anatrace safe and harmless from, and against, any and all loss, cost, damage, claims, actions, or liability arising from any such link.   Anatrace shall have no liability for any indirect, exemplary, incidental, punitive, special, or consequential damages with regard to the linking or use of such link. Anatrace makes no warranties express or implied, with respect to such links.

 

If, according to the above terms, the linking party’s requirement to link to a Anatrace website requires approval by Anatrace, or the linking party is in any doubt about the linking party’s need to have the link approved, please use the contact link at the foot of the Anatrace.com homepage and select ‘website feedback’ from the dropdown as your subject, describing your request in the question area, and a Anatrace representative will contact you.

 

Disclaimer of Warranties

 

Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on the Site. The materials have not been independently verified or authenticated in whole or in part by Anatrace. Anatrace does not warrant the accuracy or timeliness of the materials. Anatrace has no liability for any errors or omissions in the materials, whether provided by Anatrace or third parties.

 

THIS SITE IS PROVIDED TO YOU ON AN "AS IS" AND "WHERE-IS" BASIS, WITHOUT ANY WARRANTY. ANATRACE, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ANATRACE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF ANATRACE HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, ANATRACE DOES NOT EXCLUDE OR LIMIT ITS LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.

 

Inaccuracies or Errors

 

The descriptions, pictures and other representations of products on this site may contain inaccuracies and errors. Anatrace does not make any warranty or representation with respect to the accuracy or completeness of any such information.

 

Furthermore, the prices and availability of products on this site may change without notice to you at any time in Anatrace's sole discretion.

 

Anatrace shall have the right to refuse or cancel any orders placed for product listed at incorrect price. Anatrace shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Anatrace shall promptly issue a credit to your credit card account in the amount of the charge.

 

Local Laws; Export Control

 

Anatrace controls and operates this Site in the United States of America and makes no representation that the materials are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.

 

Diversion of such materials contrary to United States law is prohibited. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

 

Trademarks

 

Anatrace™, and all products denoted with™ or ® are trademarks or registered trademarks of ANATRACE PRODUCTS, LLC. Anatrace trademarks may not be used in connection with any product or service that is not an Anatrace product or service.

 

Terms of Use Revisions

 

Anatrace may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms.

 

Applicable Law

 

Any action related to these Terms will be governed by the law of the State of Delaware, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Delaware, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

 

Unauthorized Activities

 

Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold Anatrace and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.

 

Privacy Policy

 

Anatrace Products LLC (“Anatrace”) takes privacy issues seriously and want you to be familiar with how we collect, use and disclose information. This Privacy policy describes Anatrace practices in connection with information that we collect through the website owned and controlled by Anatrace from which you are accessing this Privacy policy (the “Site”), as well as offline where notice is legally required.  By accessing this website, you agree to the terms and conditions of this Privacy Policy. 

First and foremost: personal data is only used in the following cases and will not be used in other cases without your explicit approval.

 

General Data Collection

 

When visiting this website, general information is collected automatically (in other words, not by means of registration) which is not stored as personal related data. The web servers that are used store or may store the following data by default:

 

  • Name of your internet service provider

  • Your IP address

  • Browser information

  • Information collected through cookies, pixel tags and other technologies;

  • Demographic information and other information provided by you;

  • The website from which you visited us

  • The websites which you visit when you are with us

  • Aggregated information.

 

This information is analyzed in an anonymous form. It is mainly used for the purpose of improving the attractiveness, content, and functionality of our website. However, please note that because general data collection concerns information that does not reveal your specific identity, we reserve the right to use and disclose Non-personal Information for any purpose.  In some instances, we may combine Non-Personal Information with Personal Information (such as combining your name with your geographical location). 
If we combine any Non-Personal Information with Personal Information, e.g., when we combine information you provide upon registration with Non-Personal Information to provide you with targeted personalized marketing, the combined information will be treated by Anatrace as Personal Information. 

 

IP Addresses

 

Your Internet Service Provider (ISP) automatically assigns an IP address to the computer that you are using. All IP Address are identified and logged automatically in Anatrace server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. This is a standard practice on the Internet and is done automatically on most web sites. 

 

Anatrace use IP address logs to calculate site usage, server diagnostics and maintenance, to help administering the Site and presenting content that is tailored to your country. IP addresses are generally treated as non-personal information, except where we are required to do otherwise under applicable law. However, please note that we may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. 

 

Cookies (optional)

 

We only use cookies if they are required for an application or service which we provide. If you would like to opt out of the advantages of these cookies, you can read in the ‘help’ function on your browser how to adjust your browser to prevent these cookies, accept new cookies, or delete existing cookies. You can also learn there how to block all cookies or set up notifications for new cookies.      

 

Personal Information

 

Personal data is only collected when you provide us with this in the course of, say, registration, by filling out forms or sending emails, and in the course of ordering products or services, inquiries or requests for material.

 

“Personal Information” is information that identifies you as an individual, such as:

 

  • Name;

  • Postal address (including billing and shipping addresses);

  • Telephone or fax number;

  • Email address;

  • Credit and debit card number;

  • Vendor Tax ID numbers;

  • Purchase history.

 

Your personal data remains with our company, our affiliates, and our provider and will not be made available to third parties in any form by us or by persons instructed by us. We may combine Personal Information that we collect about you with Personal Information you provide to Anatrace through other sources, such as product registrations, inquiries or marketing events.  We will use the combined Personal Information in accordance with this Privacy Statement for as long as it is combined.

Credit card information is used only for payment processing and fraud prevention. We will not be keep such information longer than necessary for providing the services, unless you ask us to retain your credit card information for future purchases.

 

Use of Personal Information

 

The personal data that we do collect will only be used in order to perform our duties to you and for any other purpose only when you have given specific consent.  We may use Personal Information for purposes such as:

 

  • Respond to your inquiries and fulfill your requests, such as to send you e-mail alerts.

  • Send you important information regarding the Site, changes to terms, conditions, and policies and/or other administrative information;

  • Complete and fulfill your purchase, for example, to process your payments, have your order delivered to you, communicate with you regarding your purchase and provide you with related customer service;

  • Send you marketing communications that we believe may be of interest to you, including information about trade shows;

  • Personalize your experience on the Site by presenting products and offers tailored to you;

  • Allow you to participate in sweepstakes, contests and similar promotions and to administer these activities.  Some of these activities have additional rules, which could contain additional information about how we use and disclose your Personal Information, so we suggest that read these rules carefully;

  • Allow you to communicate and interact with others through the Site (for example, through a blog, message board, messaging functionality, chat functionality, profile or other social media);

  • Permit you to register and participate in technology forums and other events with Anatrace;

  • Enable Anatrace business purposes, such as data analysis, audits, researching and developing new products, enhancing Anatrace’s website, improving Anatrace’s services, developing marketing events, identifying usage trends and determining the effectiveness of Anatrace’s promotional campaigns;

  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce Anatrace terms and conditions; (e) to protect Anatrace operations; (f) to protect Anatrace rights, privacy, safety or property, you or others; and (g) to allow Anatrace to pursue available remedies or limit the damages that we may sustain.

 

 

Personal Information Disclosure

 

Anatrace may disclose collected data to:

 

  • Third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, product distribution, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services to enable them to provide services.

  • To third parties such as agents and distributers to facilitate the sale and distribution of Anatrace products and services which may include marketing communications.

  • To identify you to anyone to whom you send messages through the Site.

  • To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of Anatrace business, assets or stock (including in connection with any bankruptcy or similar proceedings).

  • If we believe it to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce Anatrace terms and conditions; (e) to protect Anatrace operations; (f) to protect Anatrace rights, privacy, safety or property, you or others; and (g) to allow Anatrace to pursue available remedies or limit the damages that we may sustain.

  • By you, when you participate in features on the Anatrace Site that provide the opportunity to interact with Anatrace and others (for example a blog, message board, messaging functionality, chat functionality, profile or other social media).  Please note that when you use these features you should be aware that any information you submit, including your name, location and e-mail address, may be publicly available to others. We are not responsible for any information you choose to submit through these features and we strongly discourage you from disclosing any sensitive Personal Information (such as health or credit card information) through these features.  If you use these features, your Personal Information may remain on the Site even after you cease use of the Site.

 

You can adjust review, correct, update, suppress, delete or otherwise limit your consent to Anatrace for the use of your personal information at any time, you may contact (customerservice@anatrace.com) .

 

If you wish to adjust review, correct, update, suppress, delete or otherwise limit your consent, please clearly state what information you would like to have changed, whether you would like to have your Personal Information suppressed from a Anatrace database or otherwise let Anatrace know what limitations you would like to put on Anatrace use of your Personal Information.  We will try to comply with your request as soon as reasonably practicable.

 

Retention Period

 

We store user personal data for as long as it is necessary to perform a service that the user have requested or for which the user have granted permission, providing that no legal requirements exist to the contrary such as in the case of retention periods required by trade or tax regulations. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion.

 

Use of Site By Children

 

Anatrace is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities.  Anatrace does not target the Site to children less than fourteen (14) years of age or knowingly collect information from children for the purpose of selling products or services. 

 

Third Party Sites/ Advertisement and Internet Based Advertisement

 

Please note that this privacy policy does not cover, address, nor is Anatrace in any way responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which this Site contains a link.  The inclusion of a link on this Site does not imply endorsement of the linked site by Anatrace.

 

Anatrace may use third-party advertising companies to serve ads when you visit the Anatrace website.  Please note that these companies may use information about your visit to this Site in order to provide advertisements about goods and services that may be of interest to you.  In the course of serving advertisements to this Site, these companies may place or recognize a unique cookie on your browser.  If you would like more information about this practice and to know your choices about not having this information used by these companies, please visit:

 

http://networkadvertising.org/optout_nonppii.asp.

 

Anatrace and Anatrace third party service providers may use cookies, pixel tags, web beacons, clear GIFs or similar technologies to track the actions of Site users and email recipients across non-affiliate websites over time, in order to personalize your experience on the Site by presenting advertisements that are more relevant to you. 

 

Security

 

Anatrace employ reasonable organizational, technical and administrative measures to protect Personal Information under Anatrace control. However, please note that unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with Anatrace has been compromised and is no longer secure (for example, if you feel that the security of any account you might have with Anatrace has been accessed without your permission or tampered with in any other way), please immediately notify Anatrace of the problem by contacting Anatrace in accordance with the “Contacting Anatrace” section below.

 

When collecting or transferring sensitive information such as credit card information we use a variety of additional security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. The personal information you provide us is stored on computer systems located in controlled facilities which have limited access. When we transmit highly confidential information (such as credit card number or password) over the internet, we protect it through the use of encryption, (impute what type of encryption used)

 

Credit card numbers are used only for processing payments and are not used for other purposes.

 

Privacy Policy Updates

 

Anatrace reserves the right to change this Privacy Policy at any time and without notice.  Please take a look at the “LAST UPDATED” legend at the top of this page to see when this Privacy Statement was last revised.  Any changes to this Privacy Policy will become effective when we post the revised Privacy Statement on the Site.  Your use of the Site following these changes means that you accept the revised Privacy policy.

 

Contact

 

The continuous development of the Internet makes it necessary for us to adjust our data protection rules from time to time. We reserve the right to implement appropriate changes at any time. If you have any questions, please contact us at:

 

Anatrace Products, LLC

434 W Dussel Drive

Maumee, OH 43537

 

Tel: 800.252.1280

 

Email: customerservice@anatrace.com