TERMS AND CONDITIONS OF WEBSITE USE
This page states the Terms and Conditions under which you may utilize this Web site. Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this site. The Smitty’s Brite Strings Company and its subsidiaries and affiliates (the “Company”) reserve the right to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Section 1. Use of Content.
The Company authorizes you to view and download the materials on this Web site (the “Web site”) solely for your personal, non-commercial use. All names, logos and marks appearing in this site, except as otherwise noted, are trademarks owned or used under license by the Company or its affiliates in the geographies where the Company markets products bearing such trademarks. The use or misuse of these trademarks or any other content on this site, except as provided in these terms and conditions or in the site content, is strictly prohibited. You may not sell or modify the content of this Web site or reproduce, display, publicly perform, distribute, or otherwise use the materials in any way for any public or commercial purpose without the Company’s written permission. The use of this content on any other Web site or in a networked computer environment for any purpose is prohibited. You may not copy or adapt the code in any programming language that the Company creates to generate its pages or content. It is also protected by the Company’s copyright.
Section 2. Acceptable Site Use.
(A.) Security Rules. Users are prohibited from violating or attempting to violate the security of the Web site, including, without limitation, (1) accessing data not intended for such user or logging into a server or account which user is not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (3) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “trojan horse” to the Web site, overloading, “flooding”, “mail bombing” or “crashing”, or (4) sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. (B.) General Rules. Users may not use the Web site in order to transmit, distribute, store or destroy material (a) that could constitute or encourage conduct that would be considered a criminal offense or violate any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or (c) that is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.
Section 3. Liability.
The material in this Web site may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Web site or its content. The use of the Web site is at your own risk. Changes are periodically made to the Web site and may be made at any time. THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES WHATSOEVER. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. Section 4. Disclaimer of Consequential Damages. IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATIONS, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 5. User Submissions.
Any communication or other material you transmit to the Company via electronic mail or otherwise is unsolicited by the Company and is deemed non-confidential. The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to this Agreement, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Company reserves the right to expel users and prevent their further access to the Web site for violating this Agreement or the law and the right to remove, at its sole discretion, communications which are abusive, illegal, obscene, pornographic, threatening, or disruptive. By transmitting or posting any communication or material to this Web site, you agree that the Company or any of its affiliates may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast and posting.
Section 6. Links to Outside Web Sites.
The Web site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third party Web sites. The Company is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of content on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
Section 7. Limitation of Liability.
The aggregate liability for the Company to you for all claims arising from the use of the materials in this Web site will not be greater than the amount you paid to access this Web site.
Section 8. Indemnity.
You agree to defend, indemnify, and hold harmless the Company, it’s officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the material or your breach of the terms of this Agreement. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 9. Other.
The Company makes no claims the content is appropriate or may be downloaded outside of the United States. Access to this Web site may not be legal by certain persons or in certain countries. If you access the Web site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts in Ada County, Idaho. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between you and the Company with respect to the use of the Web site.
Section 10. Address.
The Company’s headquarters mailing address is: Smitty’s Brite Strings 4112 Alabaster St SE Lacey, WA 98503