Swagelok.com® Terms and Conditions
These terms and conditions (“Terms and Conditions”) shall apply to Swagelok.com® and all other Swagelok Company (“Swagelok” or “we,” “us” or “our”) websites licensed to Swagelok authorized sales and service center websites (collectively, the “Sites”). Please read these Terms and Conditions carefully, as your use of any of the Sites constitutes your agreement to abide by the Privacy and Data Protection Policy and Cookie Notice and Disclosure (collectively, the “Agreement”).
We may, in its our sole discretion, terminate, change, suspend or discontinue any aspect of the Sites and the availability of any features at any time. We may also impose restrictions on the use of certain features and services or restrict your access to part or all of any of the Sites for any reason without incurring any liability to you.
THIRD PARTY SITES
At certain places in the Sites, links to other websites may be provided. These links are provided as a convenience only. Swagelok does not endorse, approve, guarantee, or control these linked websites in any manner, and is not responsible for the content of any linked website. Different terms and conditions may apply to your use of any linked sites. Swagelok is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. It is your duty to review the terms, conditions and policies of any such external websites before use.
Swagelok retains all rights regarding its trademarks, trade names, brand names and trade dress, including the name “Swagelok,” the Swagelok logo and/or any other Swagelok product or brand names referenced on the Sites. These trademarks, trade names, brand names, trade dress, and all associated logos or images, are registered and/or common law trademarks of Swagelok and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms and Conditions or by your use of the Sites. Your misuse of the trademarks, trade names, brand names and/or trade dress displayed on the Sites is strictly prohibited. You are also advised that Swagelok will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
All content on the Sites, including, without limitation, the text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof (the “Materials”), is the exclusive property of and owned by Swagelok or its content providers and is protected by copyright, trademark and other applicable laws. Swagelok does not grant any express or implied right to you regarding any patents, treaties, copyrights, trademarks, trade names, brand names, trade dress or trade secret information owned by Swagelok. You may access, copy, download and print the Materials contained on the Sites solely for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the Materials you access, copy, download or print. The Materials are provided to you under a non-exclusive, limited license that is revocable at any time in Swagelok’s sole discretion. Any other use of the Materials, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, translating, reverse engineering, transfer or sale of, or the creation of derivative works from, is expressly prohibited.
You agree to abide by all additional restrictions displayed on the site as it may be updated from time to time. Swagelok reserves the right to refuse or cancel any person's registration for the Sites, remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. Swagelok, or its licensors or content providers, retain full and complete title to the Materials, including all associated intellectual property rights, and provide the Materials to you under a limited license that is revocable at any time in Swagelok's sole discretion.
You may not use contact information provided on the Sites for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Sites or to surreptitiously intercept any system, data or personal information from the Sites. You agree not to interrupt or attempt to interrupt the operation of the Sites in any way. Swagelok reserves the right, in its sole discretion, to limit or terminate your access to or use of the Sites at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Swagelok may be entitled at law or in equity.
DISCLAIMER AND LIMITATION OF WARRANTIES
THE DATA AND INFORMATION CONTAINED IN THE SITES ARE BELIEVED TO BE ACCURATE, BUT MAY CONTAIN INACCURACIES AND TYPOGRAPHIC ERRORS. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SWAGELOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, OR FULLY OPERATIONAL; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SWAGELOK OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. SWAGELOK DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH ADVICE, INFORMATION OR MATERIALS SHALL BE AT YOUR OWN RISK. SWAGELOK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITES OR ANY OF THE MATERIALS AND MAY MAKE ANY OTHER CHANGES TO THE SITES, MATERIALS, PRODUCTS, PRODUCTS SERVICES OR SUGGESTED LIST PRICES DESCRIBED IN ANY OF THE SITES AT ANY TIME WITH OR WITHOUT NOTICE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF DAMAGES
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE SITES. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR OWN RISK AND THAT THE SITES ARE MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SWAGELOK, ITS SUBSIDIARIES, OR ITS AUTHORIZED SALES AND SERVICE CENTERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DAMAGES TO YOUR INFORMATION HANDLING SYSTEM(S)) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THE SITES OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE SITES, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITES OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SWAGELOK, ITS SUBSIDIARIES, OR ANY OF ITS AUTHORIZED SALES AND SERVICE CENTERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER SWAGELOK NOR ITS SUBSIDIARIES, AUTHORIZED SALES AND SERVICE CENTERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH SWAGELOK IS TO DISCONTINUE YOUR USE OF THE SITES.
The Sites are controlled, operated and administered by Swagelok from its offices located in the United States of America. Swagelok makes no representation that any Materials on the Sites are acceptable or available for use at other locations outside of the United States. You acknowledge and agree that your use or access of any of the Sites from locations where any content is illegal is prohibited. You may not use any of the Sites or the Materials in violation of U.S. export laws and regulations. If you access the Sites from locations outside of the United States, you acknowledge and agree that you do so at your own risk and that it is your responsibility to comply with any and all foreign laws and regulations which exist outside of the United States.
You agree to indemnify, defend, and hold harmless Swagelok, its officers, directors, employees, subsidiaries, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the Sites and any violation or alleged violation of this Agreement.
This Agreement constitutes the entire agreement between Swagelok and you with your use of any of the Sites. If a court of competent jurisdiction finds any provision of the Agreement or any part thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.
CHOICE OF LAW AND JURISDICTION
You acknowledge and agree that this Agreement shall be governed by the laws of the State of Ohio. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of Swagelok.com shall be filed only in the Cuyahoga Court of Common Pleas, City of Cleveland, State of Ohio or the United States District Court for the Northern District of Ohio, Eastern Division, located in Cleveland, Ohio, U.S.A. You further agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating such claim or action.
HOW TO CONTACT US
If you have any questions or comments about these Terms and Conditions, please contact us by:
6262 Cochran Road
Solon, Ohio 44139 USA
Via e-mail to: firstname.lastname@example.org
Copyright® 2005-2015 Swagelok Company
All rights reserved.