Legal

 

Terms & Conditions of Sale

  1. General. This writing constitutes an offer by Access Control Technologies, LLC (“ACT”) to sell to Buyer, under the terms and conditions contained herein, the “Product(s)” and/or “Services” specified in ACT’s Proposal (the “Proposal”). ACT does not include in the Proposal any Products and/or Services not specifically mentioned herein.
  2. Acceptance and Modification. This writing is not an acceptance of any offer made by Buyer. All sales by ACT to Buyer are expressly limited to, and made conditional upon, Buyer’s acceptance of these Terms and Conditions. Written acceptance, use, or retention of the Products and/or Services, or payment of the purchase price under the Proposal shall be conclusive evidence of Buyer’s agreement to be bound by these Terms and Conditions. In no event shall the shipment of Products or performance of Services under the Proposal constitute acceptance by ACT of any terms and conditions in addition to or different from those provided herein. All terms and conditions, if any, proposed by Buyer are hereby rejected. No such additional or different terms and conditions will be of any force or effect, unless specifically agreed to by an authorized representative of ACT in writing. The Proposal constitutes the entire understanding between the parties with respect to the subject matter of the Proposal and supersedes any prior discussions, negotiations, proposals, and understandings. Modifications of the Proposal can be made only by a writing signed by a duly authorized representative of each party.
  3. Sales Price. All prices are quoted and payable in U.S. dollars. Unless Buyer provides ACT with acceptable tax exemption certificate, the prices quoted include any taxes imposed on the sale of the Products and/or Services.
  4. Payment.
    1. ACT reserves the right to issue partial invoices. Payment for the Products and performance of the Services are due 30 days from the date of an invoice or a partial invoice (collectively, an “Invoice”). Payment shall be made in U.S. Dollars. Credit card payments may incur a four percent (4%) surcharge. Buyer shall make payments without any deduction or set-off. Buyer is responsible for all taxes and tariffs that may be imposed upon the sale of the Products.
    2. If Buyer fails to pay an Invoice when due, or if, in the judgment of ACT, the financial condition of Buyer at any time prior to shipment does not justify the extension of credit, then ACT may require: payment in advance, satisfactory security in the form of a line of credit or otherwise, modify the payment terms, suspend and/or terminate manufacture of the Products and/or performance of the Services, or terminate the Proposal upon written notice to Buyer. All delays occasioned by Buyer’s acts shall be at the expense of Buyer and considered an excusable delay under Section 14. ACT reserves the right to assess reasonable charges for its expenses resulting from such delays. Interest at the rate of 1.5% per month or at the highest rate allowed by law, whichever is higher, shall be charged daily to all overdue accounts.
    3. Buyer grants ACT a purchase money or similar security interest in the Products located in any jurisdiction where such security interest is permitted, as well as any proceeds therefrom, for the purpose of securing all obligations of Buyer hereunder. Buyer authorizes ACT to execute on Buyer’s behalf and file such financing statements as ACT deems appropriate to perfect and/or notify Buyer’s creditors of ACT’s security interest. In this regard, Buyer hereby grants ACT an irrevocable power of attorney, coupled with an interest, with respect to filing any such financing statements.
    4. In the event that any amount due hereunder is not paid when due, Buyer shall be liable for any and all costs of collection including, but not limited to, actual legal fees, collection fees, related expenses, court costs, and interest at the highest amount allowed by applicable law from the date due through the date of actual payment.
    5. ACT shall have no liability whatsoever if Buyer makes payment (in whole or in part) to: (i) any bank account other than the bank account specified by ACT or (ii) to any entity other than the entity listed at the beginning of these terms. ACT shall not be responsible for any losses suffered by Buyer due to third party fraud, including, without limitation, false change of bank account communications, identity theft and other scams. To the extent Buyer receives any communication notifying Buyer of a change in ACT’s designated bank account, Buyer is required to verify the authenticity of the same directly with ACT.
  5. Buyer’s Obligations. Prior to the Proposal being placed into the schedule, ACT or an ACT authorized representative shall certify and indicate that the Project site is suitable for beginning the Services. It is Buyer’s responsibility to notify ACT on a timely basis when the Project site is ready for inspection.
  6. Changes. ACT reserves the option to change a Product/Service as long as the change does not affect form, fit or function. Any and all changes to the Proposal shall be documented in a formal change order signed by an authorized representative of both parties hereto, where such change order establishes the agreed upon increase or decrease in the total price.
  7. Cancellation/Termination. ACT may terminate any Products or Services then outstanding and/or cause any Products to be returned to ACT wherein in either event ownership thereof shall automatically revert to ACT with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due, and such failure continues for 7 days thereafter; (ii) has not otherwise performed or complied with any term or condition of the Proposal, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors. If ACT cancels or terminates the Proposal pursuant to this Section, Buyer shall pay ACT reasonable Termination Charges. “Termination Charges” include without limitation any costs of manufactured materials or Products, freight, tax, and other direct costs and labor costs, whether or not billed for or shipped at the time of ACT’s termination as well as any amounts due for Services provided, whether or not billed for at the time of termination, which are attributable to the Proposal, whether partial or complete, pertaining thereto. If Buyer cancels or terminates the Proposal for any reason whatsoever, Buyer agrees to pay ACT reasonable Termination Charges. Buyer shall promptly pay ACT its reasonable Termination Charges and any other amounts due, promptly upon submission of ACT’s invoices thereof. If Buyer is in default of any of the terms and conditions, ACT, at Buyer’s risk, cost, and expense may during normal business hours enter Buyer’s premises where the Products are stored or used and recover the Products.
  8. Non-Cancellable/Non-Returnable Products. All Products are sold on a final, non-cancellable, and non-returnable basis. Buyer understands that the Products may not be cancelled, returned or rescheduled by Buyer without the agreement of both ACT’s supplier and the written consent of ACT.
  9. Warranty.
    1. ACT, after receipt of Buyer’s payment in full for the Proposal (including any change orders), warrants that the Products manufactured by ACT shall be free from defects in material and workmanship one (1) year from the earlier of shipping date or upon moving Products into storage (the “Product Warranty”). In the event Buyer notifies ACT in writing that the Product(s) is not in conformity with the Product Warranty during the 1-year warranty period, ACT will, without charge to Buyer, repair or replace, at ACT’s option, any part of a Product(s) which, if properly installed, used and maintained, proved to have been defective in material or workmanship.
    2. ACT, after receipt of Buyer’s payment in full for the Proposal (including any change orders), warrants that the Products will be installed in a workmanlike manner, and that the installation of the materials will be free from defects in workmanship for a period of ninety (90) days from the date of installation (“Services Warranty”). In the event Buyer notifies ACT in writing that the Service(s) is not in conformity with the Services Warranty during the 90-day warranty period, ACT will, without charge to Buyer, re-perform the Service(s) so that it conforms to the Services Warranty.
    3. Products manufactured by a third party (“Third-Party Product”) may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the Products. ACT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD- PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. If Third-Party Product warranties are not transferrable by suppliers to Buyer, ACT, on behalf of Buyer, will, as its sole obligation relating to components and materials subject to Third-Party Product warranties, assist and actively endeavor to assert Buyer’s Third-Party Product warranty claim rights (excluding litigation). ACT does not guarantee and shall have no responsibility or liability for suppliers’ fulfillment of their respective Third-Party Product warranty obligations. Buyer acknowledges that ACT utilizes components and materials from many different suppliers on any given project.
    4. Buyer shall notify ACT in writing of any warranty claim. If Buyer gives such written warranty claim notice to ACT, then ACT shall, in its sole discretion, determine whether the Product Warranty, Services Warranty, Third-Party Product warranty, or no warranty applies. In the event ACT determines that the Third-Party warranty, the Product Warranty or no warranty applies, ACT may charge Buyer for repair services at ACT’s then-current service fee rate.
    5. ACT’s warranty obligations shall not apply to Products that (i) have been altered or repaired by someone other than ACT, (ii) have been subjected to misuse, neglect, improper use, application, or installation, (iii) are normally consumed in operation, (iv) have a normal life expectancy that is shorter than the warranty period stated herein, (v) have been subjected to acts of God and/or extreme weather conditions or atmospheric conditions, or (vi) any circumstance beyond ACT’s control.
    6. This Section 9 sets forth the exclusive remedies and obligations for claims based upon defects in or nonconformity of Products/Services, whether the claim is in contract, warranty, tort (including negligence of any degree or strict liability) or otherwise. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER ORAL, WRITTEN, EXPRESS, IMPLIED OR STATUTORY. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY.
  10. Exclusions. ACT is not responsible for: (i) any products or services not covered herein this Proposal; (ii) saw cutting or cutting and patching or painting of any surfaces not covered herein this Proposal; (iii) overtime and premium time; (iv) third party inspections; (v) plans, calculations, permits or meeting any code requirements not already specified herein this Proposal; and (vi) any and all trenching and conduit placement.
  11. Limitation of Liability.
    1. THE MAXIMUM LIABILITY, IF ANY, OF ACT FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM ACT’S BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES OR PART THEREOF AT ISSUE IN THE CLAIM. IN NO EVENT SHALL ACT BE LIABLE TO BUYER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS AND/OR MONETARY REQUESTS RELATING TO RECALL EXPENSES AND REPAIRS TO PROPERTY INCLUDING THIRD PARTY CLAIMS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS SECTION SHALL SURVIVE AND CONTINUE IN FULL FORCE AND EFFECT DESPITE ANY FAILURE OF ESSENTIAL PURPOSE, CONSIDERATION, OR OF AN EXCLUSIVE REMEDY. If Buyer transfers title to, or leases Products sold hereunder to, or otherwise permits or suffers use by, any third party, Buyer shall obtain from such third party a provision affording ACT and its subcontractors/suppliers the protection of the preceding sentence. Any action against ACT must be brought within 18 months after cause of action accrues.
  12. Insurance. Until ACT has received full payment of the price payable under the Agreement, Buyer shall (i) maintain insurance covering all Products in such amounts and against such risks as is customary by companies engaged in the same or similar business and similarly located, naming ACT as insured or coinsured, and shall, upon ACT’s request, furnish evidence of such insurance satisfactory to ACT and (ii) upon request by ACT, do all things necessary or desirable to adequately insure the Products against loss or damage.
  13. Indemnification. Buyer agrees to indemnify and hold harmless ACT from all actions, claims, costs, damages, liabilities and expenses, including reasonable attorneys’ fees, which may be brought or made against ACT that in any way arise out of, or by reason of, the use or misuse of the Products hereunder, excepting only such actions, claims, costs, damages, liabilities, and expenses resulting from the sole negligence of ACT. The intent hereof is that Buyer shall fully indemnify and hold harmless ACT to the maximum extent allowable by law.
  14. Excusable Delays. ACT shall not be liable for delays in delivery or failure to perform due directly or indirectly to causes beyond ACT’s reasonable control including, but not limited to: acts of God; war; terrorism; civil commotion; riots; embargoes; government regulations, orders, instructions or priorities; port congestion; acts of or failure to act on the part of Buyer or its agents/employees; fires; floods; sabotage; nuclear incidents; earthquakes;storms; epidemics; pandemics; national emergencies; strikes; lockouts or other labor difficulties; shortages of or inability to timely obtain proper labor, Products, components, shipping space or transportation, fuel, supplies or power at current prices; or due to limitations imposed by the extent of availability of ACT’s normal manufacturing facilities. Further, if ACT’s performance of its obligations under the Proposal is prevented or delayed by any act or omission of Buyer or its agents, subcontractors, consultants, or employees, ACT shall not be deemed in breach of its obligations under the Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Buyer, in each case, to the extent arising directly or indirectly from such prevention or delay.
  15. Confidentiality; Proprietary Information.
    1. Any non-public, confidential or proprietary information of ACT, including, without limitation, pricing information, Data (hereinafter defined), production processes or specifications, provided by ACT to Buyer is proprietary to ACT and shall be held in confidence by Buyer, shall only be used by Buyer in connection with the respective sale, and shall not be used for any other purposes or disclosed to third parties without ACT’s prior written consent. Buyer shall be liable for any loss to ACT or commercial gain by others from unauthorized use of confidential information occasioned by Buyer’s failure to comply with this provision. The purchase of Products shall not include any right to supply of technical information such as drawings or specifications.
    2. Proprietary information, including drawings, documents, technical data, reports, software, designs, inventions and other technical information supplied by ACT in connection herewith, whether or not constituting a trade secret (hereinafter collectively referred to as “Data”), shall remain ACT’s sole property and shall be held in confidence by Buyer. Data shall not be reproduced, used or disclosed to others by Buyer without ACT’s prior written consent. Upon completion of the Proposal, Buyer shall promptly destroy, at its own costs, all Data together with all copies or reprints thereof then in Buyer’s possession or control, and Buyer shall deliver within 48 hours of such destruction to ACT written certification signed by an authorized representative of its compliance with this paragraph. Buyer shall thereafter make no future use, either directly or indirectly, of any Data or any information derived therefrom without ACT’s prior written consent. The foregoing shall in no way obligate ACT to provide or supply Data. Data shall not include information that is readily available to the public through no wrongful act of Buyer or others.
  16. Anti-Corruption. Buyer agrees that in connection with its purchase hereunder, it shall comply with all applicable anti-corruption laws, including the Foreign Corrupt Practices Act of 1977 (15 U.S.C. Sections 78DD-1, et. seq.). ACT may terminate the Proposal hereunder if it has a good faith belief that Buyer has violated, intends to violate, or has caused a violation of any anti-corruption laws.
  17. General.
    1. Governing Law. The Agreement shall be governed by and construed according to the internal laws of the state where the project is located. without reference to principles of conflicts of laws. The United Nations Convention on the International Sale of Products shall not apply.
    2. Arbitration. Any claim or controversy arising out of or related to this Agreement or the breach thereof shall be subject to mandatory and binding arbitration before the American Arbitration Association and in accordance with its Construction Industry arbitration rules. A single arbitrator mutually agreed upon by the parties will arbitrate the arbitration. If the parties cannot agree upon a single arbitrator, the arbitrator will be selected pursuant to the rules of the Arbitration service selected. The Arbitration will be conducted and enforced pursuant to the laws of the Georgia Arbitration Act and the Rules of the Arbitration service selected. The Arbitration Award is final and binding and shall be enforceable in any court of competent jurisdiction. Nothing herein shall preclude a party from filing suit for the purpose of obtaining temporary or preliminary injunctive relief or to compel arbitration pursuant to the terms of this Agreement. Notwithstanding the foregoing, neither party shall be precluded from filing an action to compel compliance with the terms of this paragraph. The exclusive forum for adjudication of any action to compel arbitration must be in either the state or federal courts for the county where the project is located. Buyer and ACT hereby consent to personal jurisdiction and venue in such courts in any proceeding authorized hereunder.
    3. Attorneys’ Fees. If ACT enforces any term or condition in the Agreement, Buyer shall be liable to ACT for all costs, including attorneys’ fees, incurred by ACT in enforcing the Agreement and in collecting any sums owed by Buyer to ACT.
    4. Entire Agreement and Modification. The Agreement, together with any other terms specifically agreed to in writing by ACT or those referenced by ACT herein, constitute the entire agreement between Buyer and ACT and supersede any prior or contemporaneous representations, agreements, proposals, warranties, or understandings, oral or written, express or implied. No waiver, modification, amendment, rescission or other change to the Agreement shall be binding unless specifically agreed to in writing by an authorized representative of ACT.
    5. Severability. The invalidity, of any part hereof shall not affect the validity of the remainder. The failure of ACT to assert any right at any time hereunder shall not prevent ACT’s subsequent assertion of the same or different rights.
    6. Assignability. No assignment of the Agreement or of any rights or obligations under the Agreement shall be made by Buyer without the prior written consent of ACT. In the event of a proper assignment, the Agreement shall be binding upon and inure to the benefit of Buyer’s successors or assigns.
    7. Waiver. ACT’s failure at any time to insist upon strict performance by Buyer of the terms of the Agreement, shall not be construed as a waiver of ACT’s right to demand strict performance. The express waiver of one provision of the Agreement shall not be deemed a waiver of any other provision of the Agreement.

Revised: April 12, 2022

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Terms of Use

Last Modified: February 18, 2022

Acceptance of the Terms of Use

These terms of use are entered into by and between you (“you”, or “your”) and Access Control Technologies, LLC (“Company,” “we,” “our”, or “us“). The following terms and conditions (available at https://accesscontrol.tech/terms-of-sale/), together with our privacy policy (located at https://accesscontrol.tech/privacy/ (“Privacy Policy”), which may be updated from time to time and is incorporated by reference) and any documents expressly incorporated by reference form our terms of use https://accesscontrol.tech/terms-of-use/ (collectively, “Terms of Use“), and govern your access to and use of our Website https://accesscontrol.tech/ (“Website“), including any content, functionality, and services offered therethrough or related thereto.

Please read our Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 16 years of age, or older. Our Website is not directed to children under 16. If you learn that your minor child has provided us with personal information without your consent, please contact us. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them to our Website page set forth above, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend any portion of our Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users (where applicable).

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers (including, requesting a quote), you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register or submit to this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use, and for use as a resource for informational purposes in connection with a business transaction or potential business transaction between you and us. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website, including corresponding informational resources available for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials downloaded from our Website.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, except for the limited purpose of using the website as an informational resource in connection with a business transaction or a potential business transaction between you and us. For the avoidance of doubt, no right, title, or interest in or to the Website or any content on the Website is transferred to you (regardless of the use), and all rights not expressly granted are reserved by us.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: legal@janusintl.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must destroy any copies of the materials you have made. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms “ACT”, and all related trademarks, names, logos, product and service names, designs, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with anyone’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of Products or Services, or information formed through the Website, or resulting from visits made by you, are governed by our Terms and

Conditions of Sale (available at {WEBSITE LINK}) which are hereby incorporated into these Terms of Use, and which may be amended from time to time.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website and Social Media Features

You may link to our Website homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF

MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless us, and our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any permitted legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States District Court for the Northern District of Georgia, Atlanta Division, or in the Superior Court of Fulton County, Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration Disputes; Resolution

  1. Time Limitation. Any claim or action against us must be brought within twelve (12) months of the cause arising, otherwise such claim or action is permanently barred.
  2. Arbitration
    1. Other than for the grounds set forth in the section below labeled “Exceptions to Agreement to Arbitrate”, in the event of any dispute, claim, question or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, the parties shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory toboth parties. If the parties do not reach such solution within a period of thirty (30) days, then, upon notice by either party to the other, such dispute, claim, question or disagreement shall be resolved by binding arbitration in Atlanta, Georgia at either Henning Mediation and Arbitration Services in Atlanta, Georgia, or Miles Mediation and Arbitration Services in Atlanta, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this Section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within a reasonable time after the dispute has arisen, and in no event shall any such demand be made after the date when institution of legal or equitable proceedings based on such dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA. The decision of the arbitrator shall be made in writing and shall be final. Judgment may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by Sections 10 and 11 of the Federal Arbitration Act, the terms of which Sections the parties agree shall apply. The expenses of arbitration, including and the fees and expenses of the arbitrator and the AAA, shall be shared equally by the parties.
    2. The arbitrator will have no authority to award attorneys’ fees, punitive damages, or any other monetary relief not measured by the prevailing party’s actual damages and each party irrevocably waives any claim thereto. The award may include equitable relief. The arbitrator will not make any ruling, finding, or award that does not otherwise conform to the Terms. The arbitrator may render a summary disposition relative to all or some of the issues, provided that the responding party has had an adequate opportunity to respond to any such application for such disposition.
    3. The parties agree to treat all aspects of the arbitration as confidential, as provided in the AAA Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Further, judgment on the arbitrators’ award may be entered in any court having jurisdiction.
  3. Exceptions to Agreement to Arbitrate. You and we agree that we will go to court to resolve disputes relating to: your or our intellectual property (e.g., trademarks, trade dress, domain names, trade secrets, copyrights or patents).

Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms of Use or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

Waiver of Jury Trial. Each party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to these terms or the transactions contemplated hereby.

Waiver and Severability

No waiver by either party of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of either party to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Assignment

You may not assign, convey, or transfer (whether by contract, merger or operation of law) (collectively, “assign” or variants) these Terms of Use, in whole or in part, without our prior written consent, which may be granted or withheld by us in our sole discretion. Any attempted assignment in violation of these Terms of Use will be of no power or effect. We may assign these Terms of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. We reserve the right to, and you hereby consent to, our right to disclose, transfer, and/or assign your Personal Data (as defined in the Privacy Policy) in connection with a merger, consolidation, restructuring, financing, sale, or other transaction or pursuant to any court proceeding. In addition, when a potential buyer is interested in purchasing one of its properties, you agree that we may provide the potential buyer with your Personal Data, subject to the restrictions in these Terms of Use.

Your Comments and Concerns

This Website is operated by Access Control Technologies, LLC, located at 705 Hedrick Street, Salisbury, NC 28144.

All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to legal@janusintl.com.

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Privacy Policy

Effective Date: February 18, 2022

Last Reviewed: February 18, 2022

Website Privacy Policy

Introduction

Access Control Technologies, LLC (“Company” or “we”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website https://accesscontrol.tech/ (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates or subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at legal@janusintl.com.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identifiable, such as name, address, email address, or telephone number (“personal information”);
  • That is about you but individually does not identify you, such as job address, business/company name, and description of work; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies.

From third parties.

Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of subscribing to our exclusive offers and promotions, submitting a ticket, making a payment, or requesting further services. We may also ask you for information when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your search queries on the Website.

We request that you do not send us any sensitive data such as social security or national identification numbers, information related to racial or ethnic origin, political opinions, religious beliefs, health data, biometrics or genetic, criminal background or trade union membership information. If you do send us this information, then you are consenting to its processing in accordance with this Privacy Policy. To avoid processing of sensitive data, please do not submit it.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details or your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically does not include personal information. The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of ACT’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by ACT about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use https://accesscontrol.tech/industries/copyright-info/ or terms of sale{WEBSITE} and other agreements, including for billing and collection purposes.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to info@accesscontrol.tech. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Your California Privacy Rights

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the email address you provided or through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

We welcome any queries, comments or requests you may have regarding this policy please do not hesitate to contact us at privacy@janusintl.com. If you would prefer to write to us, our contact address is:

705 Hedrick Street

Salisbury, NC 28144 Attn: Legal Department Phone: (770) 562-2850

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