Terms of Use, Privacy Rights, and Copyright Notices

WELCOME TO THE ADS LLC ("ADS") WEB SITE (the “Site”). PLEASE CONSIDER THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY WHILE USING THE SITE.

Use of this Site is subject to the following Terms of Use, which may be updated at any time without further notice. By using this Site you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site.

You may download content for non-commercial, personal use only, provided copyright, trademark or other proprietary notices remain unchanged and visible. No right, title or interest in any download materials is transferred to you as a result of such downloading or copying. ADS may periodically revise information contained in this Site without any obligation to notify past, current, or prospective users, and while ADS makes every effort to ensure that the information contained in this Site is accurate and reliable, ADS makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any errors or omissions in the content of this Site.

ADS, ITS SUBSIDIARIES AND AFFILIATES EXPRESSLY DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE OR NON-INFRINGEMENT. IF YOU DOWNLOAD MATERIAL FROM THIS SITE, YOU DO SO AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL. IN NO EVENT SHALL ADS BE LIABLE AT LAW OR IN EQUITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THE INFORMATION CONTAINED HEREIN, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION. YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ADS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEY’S FEES, ARISING FROM OR IN CONNECTION WITH YOUR USE OF THIS SITE.

As a condition of your use of this Site, you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, and you agree not to post, relay, or send any unsolicited advertising, fraudulent or misleading offers; threaten, harass, defame, embarrass, or distress any person or group; distribute computer viruses, worms, or any software intended to damage or alter any computer system; transmit any pornographic, obscene, or vulgar material, or any other material in violation of applicable law or regulation.

As a convenience to you, ADS may provide on this Site links and pointers to Internet sites maintained by third parties. Neither ADS, its parent company, nor its subsidiaries and divisions operate or control, in any respect, any information, products, or services on these third-party sites. Neither ADS, its parent company, nor its subsidiaries and divisions are responsible for the contents of any third-party sites. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by ADS. The views and opinions of any author expressed herein do not necessarily state or reflect those of ADS, and shall not be used for advertising or product endorsement purposes.

ADS maintains and operates this Site from its offices in Huntsville, Alabama. These Terms of Use and the use of the Site are governed and interpreted by the laws of the State of Alabama, United States of America. By using this Site you consent to the jurisdiction of the courts located in Alabama for any action arising from these Terms of Use. Any cause of action or claim, which you may have with respect to this Site must be commenced within one (1) year after the claim or cause of action arises. If any portion of these Terms of Use is deemed unlawful, void, or unenforceable, then that part shall be deemed severable and shall be construed in accordance with applicable law. Such a term will not affect the validity, and enforceability of any remaining provisions. ADS’ failure to act with respect to a breach of these Terms of Use shall not constitute a waiver and shall not limit ADS’ rights with respect to such breach or any subsequent breaches.

PRIVACY POLICY

The following is ADS’ Privacy Policy regarding any personal information that you may supply to us through this Site. Our goal is to protect your privacy and the information you submit to us through the Internet. ADS operates this Site from its offices in Huntsville, Alabama. All matters pertaining to this Site are governed and interpreted under the laws of the State of Alabama, United States of America. By accessing this Site, you indicate your acceptance of this Privacy Policy (See Terms of Use).

Generally, we do not obtain any personally identifiable information about you unless you choose to reveal it to us. "Personally identifiable information" means information that would allow someone to identify or contact you, including, for example, your name, address, telephone number or email address. You are able to voluntarily give us contact information on this Site, and we also collect data regarding your interest in particular ADS products or services. We may also collect and store demographic, profile, and other statistics and data on an aggregate (collective) basis which is not personally identifiable. Other information may be gathered and logged, including your Internet Protocol (IP) address, the type of operating system (OS) which you are using, your browser type, your (OS) version, and the site that referred you to this Site.

Our servers also automatically collect generic (general) information about which parts of this Site users visit, and which pages are viewed, but we do not obtain any personally identifiable information about you. We may use a feature of your browser called a "cookie" to assign a User ID that automatically identifies your computer when you visit this Site. Cookies are small pieces of information stored on your hard drive, not our Site. Cookies make your Internet experience quicker and more convenient. You are always free to decline our cookies if your browser permits, but some parts of our Site may not work properly if you do.

We do not provide your personal information to third parties, except as needed to carry out your requests. We do not sell your email address or your name and personal demographic information to mass marketers. In some cases we use your personal information to provide information to you, such as to send newsletters or brochures at your request. We may also use this data, both aggregated and personally identifiable, to enhance your on-site experience by displaying content and marketing messages that we believe will be of interest to you.

Please note that if you provide any personally identifiable information to parties who provide links or services to our Site, different rules may apply to their use or disclosure of the information you disclose to them. We encourage you to investigate and ask questions before disclosing information to third parties. You can opt out of receiving email about our products and services by contacting the Site administrator at elott@idexcorp.com.

Your privacy is very important to us, however due to the current legal, regulatory, and security environment, we cannot fully guaranty that third parties will not obtain your communications and personal information. We may be required to disclose information to the Government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Also, in the unlikely event we need to investigate or resolve possible problems or inquiries, we may disclose any available information to responsible third parties, including law enforcement and other Government officials.

We may amend this Privacy Policy at any time, and will post revisions to this policy on our Site so that you are aware of the change. Questions regarding content or application of this Privacy Policy should be directed to the Site administrator at elott@idexcorp.com.

COPYRIGHT NOTICE

Unless otherwise noted, the graphic images, buttons, and text contained in this Site are the exclusive property of ADS and its subsidiaries and divisions. Except for personal use, these items may not be copied, distributed, displayed, reproduced, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of ADS. This Site also features logos, trademarks, and service marks (collectively the "Marks") that are the property of ADS and its divisions. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on this Site without the express written permission of ADS. The user agrees that ADS will be irreparably harmed should this provision be violated and such damages are unquantifiable. In the event of a violation of this provision, the user shall be liable to ADS for liquidated damages in the amount of $1,000 per violating event per day.

ADS registered Trademarks include: ADS®, ADS Environmental Services®, FlowShark®, IntelliServe®, Sliicer.com®, FlowView Portal®, QuadraScan®, Underground Intelligence®, Profile®, IntelliScan®, MLI®, Intelliflow®, Smart Depth®. ADS unregistered trademarks include, but are not limited to the following: FlowShark Triton™, FlowShark Pulse™, FlowAlert™, RainAlert™, RainAlert II™, ADS Spider™, Qstart™, ADS Model 3600™, ADS Model 4000™, iserve™, IntelliSite™, I-Site™, ADS Rain Insurance™, SliicerViewer™, and AccuFlow™.