This Agreement was last modified on January 9, 2016.
- Account Information.
(a) Customer Registration. Certain features are available only to customers. To use these features, you must create an account with the Company through the online registration process. When creating an account, you must provide the Company with accurate and complete registration information. You agree to notify us promptly if you change your e‑mail so that we can continue to contact you and send any notices required under this Agreement. If you fail to notify us promptly of a change, then any notice that we send to your old e‑mail shall be deemed to be sufficient notice.
(b) Passwords. When you create your account, you will be asked to choose a password. You must keep your password confidential. You will be responsible for all use of your password and account, including, without limitation, any use by any unauthorized third party. You must notify the Company immediately if you believe your password or account has been obtained or may be accessed or used by any unauthorized person or entity.
3. Use of the Website. You agree to use the Website and the materials, products and services available on or through the Website only for lawful purposes. Unacceptable uses of the Website include without limitation:
(i) engaging in any illegal activity or the planning of any illegal activity;
(ii) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication;
(iii) interfering, disrupting or attempting to gain unauthorized access to the Site or to other accounts on the Website, or any other computer network;
(iv) disseminating or transmitting viruses, worms, Trojan horses, time bombs, spyware, cancelbots, or any other malicious or invasive code or program; or
(v) engaging in any other activity deemed by the Company to be in conflict with the spirit or intent of this Website.
4. Reliance on Information Posted on the Site. Although we strive to provide accurate information on the Site, we cannot and do not guarantee the accuracy or completeness of the information on the Site, including, but not limited to, prices, product images, specifications, dimensions, availability, and services. The information may contain technical inaccuracies and typographical errors. The product descriptions are the responsibility of the manufacturer and subject to the warranties offered by the manufacturer.
6. Intellectual Property. 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 the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. The Company does not claim ownership of copyrights owned by third parties.
The Company name, Company trademarks, and our Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
7. Warranty Disclaimer. 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. 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 DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ITS CONTENT 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 OR ITS CONTENT 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.
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, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, INCLUDING ANY DIRECT, 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.
9. Exclusive Remedy. Except to the extent otherwise provided in this Agreement, if you are dissatisfied with any information, made available on or through this Website, your sole and exclusive remedy is to discontinue your use of the Website.
10. Term and Severability. This Agreement is applicable to you upon your accessing the Site and/or completing the registration process. The terms and conditions, or any part of them, may be terminated or amended by the Company without notice at any time, for any reason. The provisions relating to Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification, Applicable Law/Jurisdiction, and Waiver/Severability shall survive the termination or expiration of this Agreement.
You are hereby advised that your continued use of our Website, and/or your registration for or continued use of any features of our Website, constitutes your acceptance of any amendments to and the most recent version of this Agreement.
11. Notice. The Company may deliver notice to you by means of e‑mail or a general notice on the Site.
12. Indemnification. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.
13. Termination. Your access to the Website may be terminated immediately without notice from the Company in our sole discretion, for cause or without cause, or for good reason or for no reason.
16. Security. The Company reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.