Updated: November 1, 2019
If you do not agree with these Terms, do not use the Site, Services, or any content contained therein.
1. Your Use of the Site
You may freely browse the Site and not use the Services, but you may only access, download or use information from the Site, including any text, images, audio, and video (the “Content”), for the sole purpose of evaluating our products and services. You need not register with the Company to simply visit and view the Site. If you register for our online catalog (“Catalog Account”), you represent that you are authorized to act on behalf of the company listed in your Catalog Account and to provide complete and accurate information.
You may not distribute, modify, transmit, reuse, repost, or use the Content for commercial purposes without written permission of the Company or engage in any data mining or scraping on the Site or Services, or attempt in any way to interfere with or disrupt the Site or Services. You must retain all copyright and other proprietary notices contained in the original Content on any permitted copy you make of the Content. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of the Company.
The Company neither warrants nor represents that your use of Content will not infringe rights of third parties not owned by or affiliated with the Company. With the exception of the foregoing limited authorization, no license to or right in the Content, or any copyright of the Company or of any other party is granted or conferred to you.
3. Copyrights, Trademarks and Other Proprietary Rights
The Content is owned by the Company and its licensors and is protected by copyright. Unauthorized use is strictly prohibited.
The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on the Site are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Site may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on the Site or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s products or services or third-party’s products or services, or in any manner that may damage any goodwill in the Company Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any the Company Trademark shall inure to the Company’s benefit.
4. Disclaimer of Warranties and Limitation of Liability
THE SERVICES AND THE CONTENT ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, OR YOUR USE OF THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE, AND YOUR RELIANCE THEREON.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE SERVICE, AND/OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). NEITHER THE COMPANY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES, OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS, OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED OR POSTED ON THE SERVICE BY THIRD PARTIES.
5. Product Descriptions
Any images or description of any product on the Site are for illustrative purposes only and are not any guarantee or warranty of actual products that the Company may manufacture for sale. Actual products may vary from the descriptions or images shown on the Site.
In addition, the appearance of any product on the Site is not an offer or commitment to manufacture or sell any such product, that such product is available for purchase or manufacture or a commitment to any sale, purchase or price.
You agree to defend, indemnify and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents and licensees from any and all liability including costs, expenses, the costs of enforcing any right to indemnification hereunder and any insurance provider and attorneys’ fees brought against the Company by any third party arising out of or are related to your violation of these Terms, or your and use of the Services. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. No settlement that affects the rights or obligations of the Company may be made without the Company’s prior written approval.
7. Links to Third Party Websites
You may find advertising or other content on the Site that link to the sites of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from the Site. In addition, these sites, including their content and links, may be constantly changing. These sites may have their own terms and conditions. Browsing and interaction on any other website, including websites which have a link to the Site, is subject to that website’s own terms and policies.
The Company has the discretion to update these Terms at any time. We will endeavor to notify users with accounts of material changes to the Terms by email to the email address in their email account. We also encourage users to frequently check this page for any changes. You acknowledge and agree that it is your responsibility to review these Terms periodically and become aware of modifications. Any use of the Site or Services after posting of the modifications constitutes your acceptance of the modifications.
These Terms and any other the Company policies referenced herein constitute the entire agreement of the parties with respect to its subject matter. Any dispute regarding the Terms shall be subject to the law of the State of California, without regards to its choice of law principles.
10. Contacting the Company