A. Important Legal Information
1. Welcome. We, together with our subsidiaries and affiliates, offer this website to you subject to the following terms and conditions ("Terms"). Your use of this website shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this website. If you have any questions about these terms, please contact us.
B. Intellectual Property Information
1. The materials on this website are Copyright by our company and all rights are reserved. Elements of this website (e.g., the design or layout of this website) are protected by trade dress, trademark, unfair competition and other laws and may not be reproduced, duplicated, copied, imitated, sold or otherwise exploited in whole or in part for any purpose that is not expressly permitted by us. No logo, graphic, sound or image from this website may be copied or retransmitted unless we have granted you express written permission. Please note that any products, processes or technologies described in these materials may be the subject of other intellectual property rights reserved by us and are not licensed hereunder.
2. You are hereby authorized to view, copy, print and distribute these materials subject to the following conditions:
2.1 The materials may be used (a) for use in the purchase and sale of products referred to at this website by prospective customers for the benefit of us as contemplated by or in accordance with this website; or (b) for informational, personal or non-commercial purposes only.
2.2 Any copy of these materials or any portion thereof must include our copyright notice.
Materials from this website may not be copied or posted on any network computer or broadcast in any media.
2.3 No modifications of any materials may be made outside or beyond these specific purposes.
2.4 We may revoke or modify any of the foregoing rights at any time.
3. Use of materials from this website for any other purpose is expressly prohibited. (U.S. Government Users — Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.)
4. Certain trademarks and logos on this site are our trademarks or registered trademarks. Other product names mentioned herein may include the trademarks of their respective owners.
C. Disclaimer of Warranties
1. THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED TO YOU “AS IS,” FOR YOUR INFORMATIONAL PURPOSES ONLY, WITHOUT WARRANTY OF ANY KIND, AND WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. This information could contain technical inaccuracies or typographical errors, and information will be changed, updated and deleted without notice. We may make improvements and/or changes in the products and/or the programs described in this material at any time. Moreover, the data on this website represent typical values for the products mentioned herein. Since application variables are a major factor in product performance, this information should serve only as a general guide. We assume no obligation or liability for use of this information. UNLESS WE AGREE OTHERWISE IN WRITING, WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ALL IMPLIED WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR FREEDOM FROM PATENT INFRINGEMENT. WE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Your only remedy for any product defect, nonconformity or performance issue is the replacement of the affected product, or a refund of its purchase price, at our option. Exception for EU citizens: IF YOU ARE RESIDENT IN THE EUROPEAN UNION, WE DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
2. Additionally, we make no representations or warranties whatsoever about any other website that you may choose to access through this website. Links provided by us to such websites are provided solely for your convenience and should not be deemed to imply that we endorse those websites or any content therein. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER TYPES OF CONSEQUENTIAL DAMAGES FOR USE OF THIS WEBSITE OR ANY OTHER HYPERLINKED WEBSITE INCLUDING SPECIFICALLY, BUT NOT EXCLUSIVELY, ANY LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF DATA, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
D. Product Availability and Pricing
1. The prices and availability of products on this website may change without notice to you at any time in our sole discretion. We shall have the right to refuse or cancel any orders placed for product listed at an incorrect price. We shall have the right to refuse or cancel any orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the charge. Unless we agree otherwise in writing, the Terms and Conditions of Sale shall govern all sales of products and services by us as “Seller.” With respect to sales by one of our subsidiaries in The Netherlands, the Uniform Terms and Conditions of Sale Netherlands shall govern all such sales of products and services.
E. Suppliers and Vendors
1. Unless we agree otherwise in writing, the Standard Purchase Terms and Conditions shall govern the purchase of all products and services by us as “Buyer.
F. Submitting your Information
G. Intellectual Property Rights of Others
1. We respect the intellectual property rights of others and request that our visitors do the same. If you think your work or trademark has been used in a manner that may constitute copyright or trademark infringement, you may notify our agent, who can be reached at:
Guardsman Copyright and Trademark Counsel
c/o Mr. Sean F. Mellino, Esquire
Walter Haverfield, Attorneys at Law
1301 East Ninth Street, Suite 3500
Cleveland, Ohio 44114
Telephone: 001 216 235 3087
2. Please include all of the following in your notification:
2.1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright or trademark that is allegedly infringed;
2.2. A description of the work or trademark you claim has been infringed;
2.3. A description of where the material you claim is infringing is located on the site, including a URL to the page containing the material;
2.4. Your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
2.5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent or the law