Terms of Use | Uvalco Supply

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN OUR WEBSITE. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these Terms of Use, please do not use this website. Uvalco Supply can revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes.

This website is owned and operated by Uvalco Supply ("Uvalco Supply," "we," or "us"). Questions concerning this website, or its operation, should be directed to the contact points set forth at the end of these Terms of Use.

Uvalco Supply grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Uvalco Supply. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; or any downloading or copying of account information for the benefit of another merchant. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine or systematically scrape or extract data from this website. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication, or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Uvalco Supply and any copyright owner from whom we have obtained a license.

USER CONTENT

Anything you disclose or offer to us by or through this website ("Disclosures"), including e-mails to Uvalco Supply or postings on interactive portions of this website, shall be deemed PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. By uploading or otherwise providing any Disclosure to this website or Uvalco Supply, you hereby grant Uvalco Supply, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify, and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Uvalco Supply does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by users and third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal, or otherwise improper content.

(2) You will not upload viruses or harmful components.

(3) You will not use the website to further any illegal purpose or to violate the rights of any party.

(4) You will not upload or otherwise provide content for a commercial purpose or attempt to solicit funds or advertise goods and services.

Uvalco Supply will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

DISCLAIMER OF WARRANTIES

Uvalco Supply makes no representations or warranties that this website is free of defects, viruses, or other harmful components. We shall not be responsible for any damage or loss that may result from the hacking or infiltration of this website or Uvalco Supply's computer systems. The pages on this website may contain technical inaccuracies, outdated information, and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD UVALCO SUPPLY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

EXCEPT AS OTHERWISE SPECIFIED IN THESE TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS," AND UVALCO SUPPLY DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION FOR ACCOUNT

If you register with our site, you are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. To the fullest extent permitted by law you agree to indemnify, defend, and hold Uvalco Supply harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these Terms of Use or from your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS AND FOR UVALCO SUPPLY’S OWN NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL CONDUCT.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW UVALCO SUPPLY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW UVALCO SUPPLY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY (AND OTHER JURISDICTIONS WITH SIMILAR PROSCRIPTIONS ON LIMITATIONS OF LIABILITY), UVALCO SUPPLY IS NOT LIABLE FOR ANY DAMAGES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT, RECKLESS, OR INTENTIONAL ACTS OR OMISSIONS; AND TO THE FULLEST EXTENT PERMITTED BY LAW WE ARE NOT LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES.

ARBITRATION AND CHOICE OF LAW

Uvalco Supply controls and manages this website from its facilities in the state of Indiana. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in Indiana and the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs, or services referenced on this website are legal, available, or appropriate in your country or region.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without giving effect to any principles of conflicts of law.

Any dispute or claim relating in any way to these Terms of Use, this website, or any products or services sold or distributed by or through this website, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association (“AAA”). To the fullest extent permitted by law, we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You and Uvalco Supply irrevocably consent to the exclusive jurisdiction of the courts located in Fort Wayne, Indiana in connection with any litigation. You and Uvalco Supply waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non convenient in any such action.

NOTICES

Any notices or acknowledgements that are specified in these terms may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

TRADEMARKS AND COPYRIGHTS

Nothing on this website should be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Uvalco Supply or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).

SEVERABILITY

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, Uvalco Supply reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These Terms of Use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting, or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Uvalco Supply reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Uvalco Supply may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Uvalco Supply. In the event of a conflict between such terms and these Terms of Use, such specific terms shall control.