THIRD PARTY WEBSITES
2. OTHER AGREEMENTS AND POLICIES
4. ELECTRONIC COMMUNICATIONS
When you visit a Website or send e-mails, texts or direct messages to Company, you are communicating with Company electronically. Company may, in its discretion, communicate with you electronically, including but not limited to, by posting notices on Websites or by responding to your e-mail, text or direct message. You agree that all agreements, notices, disclosures or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. MODIFICATIONS TO WEBSITES, PRODUCTS AND SERVICES
Company reserves the right to modify in whole or in part, or temporarily or permanently discontinue, any Website, portion of any Website, or any products, services or content contained on a Website, for any reason and at any time and without notice to you. Should you be unable to locate an item you saw on a previous visit to a Websites, please contact our Customer Service department.
6. WEBSITE AVAILABILITY
Company periodically schedules system downtime for maintenance and other purposes and a Website, or portion of a website, may be unavailable due to planned or unplanned system outages. Company shall have no liability to any user or third party whatsoever for the resulting unavailability of a Website or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, or non-delivery of information caused by such system outages.
7. PRODUCT DISPLAY
Company has made every effort to accurately display the products featured on the Websites. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. We cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate. Additionally, certain products may be updated or replaced with similar products. We cannot guarantee that any particular SKU or product displayed on a Website is the current model or SKU.
8. WEBSITE ERRORS We attempt to provide the most recent, accurate, and reliable information on our Websites. However, there may be occasions when information featured on our Websites may contain typographical errors, incomplete data, inaccuracies, or items featured on the Websites that are no longer in stock. We do not warrant that the information accessible via these Websites is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. We reserve the right to correct errors and to update product information at any time.
The Websites may utilize both secure and non-secure sections and pages. Company uses commercially reasonable security protocols to protect the transmission of data submitted using the secure portions of the Website. Before submitting any sensitive data using the Website, be sure your web browser displays a secure web address beginning with "https://..." Company cannot guarantee that unauthorized third parties will never be able to defeat the security measures employed by Company. Although we cannot guarantee that our systems are 100% secure 100% of the time, we periodically update our technology in order to improve the protection of customer information.
10. OWNERSHIP OF WEBSITE CONTENT
Company, its affiliates or its third party licensors own all copyrights, trademarks, trade dress and other intellectual property contained on the Websites or contained in email correspondence you may receive through a Website ("Content"). Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the arrangement of Content on the Websites as a whole. You shall not use any Content for any purpose without the prior written consent of Company or the respective owner of such Content.
11. USE OF THE WEBSITES
You agree to use the Websites only for lawful purposes. You agree not to do any of the following: (a) communicate to Company or upload to or transmit on a Website any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (b) use a Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (c) intercept or attempt to intercept electronic mail not intended for you; (d) misrepresent an affiliation with any person or organization; (e) restrict or inhibit use of a Website by others; (f) upload or otherwise transmit files that contain a virus or corrupted data; (g) collect information about others (including email addresses) without their consent (h) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over a Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on a Website); (i) post"spam", transmit chain letters or engage in other similar activities; or (j) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Website, or which, as determined by Company, may harm Company or users of a Website or expose them to liability. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Company, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Company or to any area of a Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Company and/or post it to a Website. You grant to Company the right to use all content you upload or otherwise transmit to Company or a Website in any manner Company chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. Company reserves the right, but does not assume any responsibility, to (a) remove any material posted on a Website which Company, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Company has been notified, or has reason to believe, constitutes a copyright infringement; and (b) terminate any user’s access to all or part of a Website. However, Company can neither review all material before it is posted on a Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Company assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Company reserves the right to take any action it deems necessary to protect the personal safety of users of a Website and the public; however, Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph. Your failure to comply with the above provisions may result in the termination of your access to the Company Website and may expose you to civil and/or criminal liability.
12. USER FEEDBACK AND PRODUCT REVIEWS
Portions of the Websites may allow users to submit product reviews and Company welcomes user and customer comments regarding the Websites and Company products and services. However, any non-personal information you transmit to Company through a Website is not, and will not be treated as private, confidential or proprietary. We may make unrestricted use of any non-personal information you transmit to Company through a Website. If a portion of a Website enables you to post a product review that is intended to be public, any personal information you include in such public review will become public and Company shall not be liable to you for the disclosure of any personal information you include in a product review that is intended to be made public.
Should you post any review on a Website, you grant Company and its third party marketing and advertising partners the right to use, publish, republish, and distribute that review, or portions thereof, online, in product catalogs and other marketing and advertising materials.
13. UNSOLICITED IDEAS
Company welcomes feedback, questions and comments about its products, services and its Websites. As a general policy, Company does not accept unsolicited ideas for products or services through the Websites. All communications and other materials (including, without limitation, unsolicited ideas, photographs, drawings, suggestions, or materials) you send to a Website by e-mail or otherwise will upon submission become the sole and exclusive property of Company and may be used by Company for any purpose whatsoever, commercial or otherwise, without compensation to you.
14. ACCOUNT AND MEMBERSHIP INFORMATION
Furthermore, by joining, subscribing or submitting information to Company through a Website, you expressly grant Company, its affiliate, or third party service provider the right to communicate with you via e-mail, text, direct message, mail, fax or telephone.
You are also responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to suspend or cancel any user account for any other reason in its sole and absolute discretion.
15. WARRANTY AND LIABILITY DISCLAIMERS
COMPANY DOES NOT ASSUME ANY LIABILITY FOR THE MATERIALS, INFORMATION AND OPINIONS PROVIDED ON, OR AVAILABLE THROUGH, THE WEBSITE OR ANY OTHER COMPANY WEB SITE (SITE CONTENT). RELIANCE ON THE SITE CONTENT IS SOLELY AT YOUR OWN RISK. COMPANY DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF ANY WEBSITE, ANY PORTION OF ANY WEBSITE OR ANY CONTENT CONTAINED ON OR MADE AVAILABLE THROUGH ANY WEBSITE. THE WEBSITES, THE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH ANY WEBSITE ARE PROVIDED ON AN"AS IS" AND"AS AVAILABLE" BASIS, WITH ALL FAULTS. NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF ANY WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY WARRANTS OR REPRESENTS THAT ANY WEBSITE, ITS CONTENT OR THE SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU (AND NOT COMPANY) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THE SITE.
16. LIMITATION ON DAMAGES
IN NO EVENT WILL COMPANY OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, ANY WEBSITE, ITS CONTENT, ANY SERVICES PROVIDED ON OR THROUGH SUCH WEBSITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN ANY WEBSITE OR ITS CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY COMPANY AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
18. GOVERNING LAW AND JURISDICTION
19. VOID WHERE PROHIBITED
Company administers and operates the Websites from the State of Wisconsin in the United States of America. The Websites, and/or certain portions, software and/or features available through the Websites may be hosted at other locations in the United States or outside of the United States by third party service provides or cloud services. Although each Website, or portions of each Website, may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on a Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access a Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
20. DISPUTE RESOLUTION; ARBITRATION
Any dispute of any sort that might arise between Company and you, including without limitation any matters or disputes relating to or arising from the use of or access to any Website in connection with any purchase or use of any product, service, or information offered or made available through a Website, or arising from or relating to any communication between you and Company or its agents, will be determined by binding arbitration before a single, neutral arbitrator, except that either you or Company may bring a lawsuit solely for injunctive relief to stop unauthorized use of a Website or any copyright, trademark or other intellectual property infringement. Prior to commencing an arbitration proceeding, we ask that you attempt to resolve any claim informally by contacting Company. If your claim is not resolved within thirty (30) days of the day you contact Company regarding your claim, you or Company may initiate a formal arbitration proceeding. The arbitration will be governed by the American Arbitration Association, which will administer the arbitration under its Commercial Arbitration Rules and it’s Supplementary Procedures for Consumer-Related Disputes then in effect. The place of arbitration will be Milwaukee, Wisconsin and the arbitration will be conducted in English. Judgment on any arbitration award may be entered in any court of competent jurisdiction, and the parties intend that it will be enforceable in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. You agree that any disputes will be handled on an individual basis, and no part of the arbitration or court proceeding will involve any class action, class arbitration, private attorney general action, or any other similar type of consolidation of claims. In other words, you may resolve disputes with Company on an individual basis only. You agree that any claim that you have against Company must be brought within twelve (12) months of the date that the claim arose.
21. GOVERNING LANGUAGE