Terms Of Use
ORSCHELN TERMS OF
USE
Welcome to this website. Orscheln offers this site to you subject
to the following terms and conditions ("Terms"). Your use of this
site 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 site. If you have any questions about these terms,
please contact our customer service department.
General Use Restrictions
Orscheln or third parties granting rights to Orscheln hold all
right, title, and interest in and to the materials on this site, which
are the copyrighted work of Orscheln or such third parties.
Orscheln grants you a limited, personal, non-exclusive and
non-transferable license to use and display the materials only on your
personal computer only for the purposes associated with your
interaction with this Orscheln website. Except as stated herein,
you have no right to copy, download, display, perform, reproduce,
distribute, modify, edit, alter or enhance any of the materials in any
manner. This limited license terminates automatically, without
notice to you, if you breach any of these terms. Upon
termination, you must immediately destroy any downloaded and printed
materials. You have no right, title or interest (and no
copyright, trademark or other intellectual property right) in or to the
site or any materials and you agree not to "frame" or "mirror" the
site, any material contained on or accessible from this site on any
other server or Internet-based device without the advanced written
authorization of Orscheln.
Orscheln does not routinely monitor your postings to the Site but
reserves the right to do so. However, in our efforts to promote good
citizenship within the Internet community, if Orscheln becomes aware of
inappropriate use of the Site or any of its Services, Orscheln will
respond in any way that, in its sole discretion, Orscheln deems
appropriate. You acknowledge that Orscheln will have the right to
report to law enforcement authorities any actions that may be
considered illegal, as well as any reports it receives of such conduct.
When requested, Orscheln will cooperate fully with law enforcement
agencies in any investigation of alleged illegal activity on the
internet.
Availability
Orscheln has several websites offering products, services,
content and various other functionalities (collectively the “Services”)
to specific regions worldwide. The Services offered in one region may
differ from those in other regions due to availability, local or
regional laws, shipment and other considerations. Orscheln does not
make any warranty or representation that a user in one region may
obtain the Services from the Orscheln site in another region and
Orscheln may cancel a user’s order or redirect a user to the site for
that user’s region if a user attempts to order Services offered on a
site in another region.
Information Orscheln published on the World Wide Web may contain
references or cross references to Orscheln products, programs and
services that are not announced or available in your country. Such
references do not imply that Orscheln intends to announce such
products, programs or services in your country. Consult your local
Orscheln business contact for information regarding the products,
programs and services which may be available to you.
Third Party Interaction and Links to Third Party Sites
In your use of the Site, you may enter into correspondence
with, purchase goods and/or services from, or participate in promotions
of advertisers or members or sponsors of the Site. Unless otherwise
stated, any such correspondence, advertisement, purchase or promotion,
including the delivery of and the payment for goods and/or services,
and any other term, condition, warranty or representation associated
with such correspondence, purchase or promotion, is solely between you
and the applicable third party. You agree that Orscheln has no
liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third party.
This Site may be linked to other sites on the World Wide Web that are
not under the control of or maintained by Orscheln. Such links do not
constitute an endorsement by Orscheln of any such site. You acknowledge
that Orscheln is providing these links to you only as a convenience,
and you agree that Orscheln is not responsible for the content of links
displayed on such sites to which you may be linked.
Disclaimer of Warranties
Your use of this Site is at your own risk. This Site may
include inaccuracies or errors that may affect the quality of the
materials on the Site. The materials have not been independently
verified or authenticated in whole or in part by Orscheln. Orscheln
does not warrant the accuracy or timeliness of the materials.
Orscheln has no liability for any errors or omissions in the
materials, whether provided by Orscheln or third parties.
THIS SITE IS PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. ORSCHELN, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE SITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. ORSCHELN WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO SUE THE SITE, EVEN IF ORSCHELN HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exception for EU citizens: IF YOU ARE A
RESIDENT IN THE EUROPEAN UNION, ORSCHELN DOES NOT EXCLUDE OR LIMIT ITS
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
Inaccuracies or Errors
The descriptions, pictures and other representations of
products on this site may contain inaccuracies and errors. Orscheln
does not make any warranty or representation with respect to the
accuracy or completeness of any such information.
Furthermore, the prices and availability of products on this site may
change without notice to you at any time in Orscheln's sole
discretion.
Orscheln shall have the right to refuse or cancel any orders placed
for products listed with an incorrect price. Orscheln shall have the
right to refuse or cancel any such 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,
Orscheln shall promptly issue a credit to your credit card account in
the amount of the charge.
Local Laws; Export Control
Orscheln controls and operates this Site from its
headquarters in the United States of America and makes no
representation that the materials are appropriate or will be available
for use in other locations. Unless otherwise explicitly stated, all
marketing or promotional materials found on this Site are solely
directed to individuals, companies or other entities located in the
United States. If you use this Site from outside the United States of
America, you are entirely responsible for compliance with applicable
local laws, including but not limited to the export and import
regulations.
The materials on this Site are subject to the United States Export
Administration Laws and Regulations. Diversion of such materials
contrary to United States law is prohibited. Neither the materials, nor
any information acquired through the use of the Site, may be acquired
for, shipped, transferred, or re-exported, directly or indirectly, to
proscribed or embargoed countries or their nationals, nor may it be
used for nuclear activities, chemical biological weapons, or missile
projects, unless specifically authorized by the United States
Government for such purposes. You shall comply strictly with all United
States export laws and assume sole responsibility for obtaining
licenses to export or re-export as may be required.
Trademarks
The Orscheln logos and all products denoted with ™ or ® are
trademarks or registered trademarks of Orscheln or affiliated
companies. Trademarks may not be used in connection with any product or
service that is not an Orscheln product or service.
Terms of Use Revisions
Orscheln may revise these Terms at any time without notice by
updating this posting. Your continued use of the Site after such
modifications have been made will constitute your acceptance of such
revised Terms.
Applicable Law
Any action related to these Terms will be governed by the law
of the State of Delaware, without regard to the choice or conflicts of
law provisions of any jurisdiction. You agree to submit to the
jurisdiction of the courts located in the State of Delaware, for the
resolution of all disputes arising from or related to these Terms
and/or your use of the Site.
Unauthorized Activities
Submissions and unauthorized use of any materials contained on
this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, certain communications statutes and regulations
and other applicable laws and regulations. You alone are responsible
for your actions or the actions of any person using your user name
and/or password. As such, you shall indemnify and hold Orscheln and its
officers, directors, employees, affiliates, agents, licensors, and
business partners harmless from and against any and all costs, damages,
liabilities, and expenses (including attorneys’ fees) incurred in
relation to, arising from, or for the purpose of avoiding, any claim or
demand from a third party that your use of the Site or the use of the
Site by any person using your user name and/or password (including
without limitation your participation in the posting areas or your
Submissions) violates any applicable law or regulation, or the rights
of any third party.
