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Terms and Conditions

SUDEK USA INC. CORPORATION TERMS OF USE AGREEMENT

 

SUDEK USA INC sudekusa.com/corporate, its affiliates, officers, directors, employees, agents, attorneys, representatives, consultants, predecessors, successors, assigns, trustees, administrators, third-party service or content providers, merchants, sponsors, licensors, or the like (collectively, the "Company") welcome you to the sudekusa.com/corporate website. Please review the following basic rules that govern your use of our website. Please note that your use of our website constitutes your agreement to follow and be bound by those rules.

We may from time to time change the rules that govern your use of our website. Your use of our website following any such change constitutes your agreement to follow and be bound by the rules as changed.

PROPRIETARY RIGHTS

You acknowledge that sudekusa.com/corporate.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

All other trademarks, product names, and company names and logos appearing on sudekusa.com/corporate.com are the property of their respective owners. By submitting a design to the Company, or using logos stored on the site, you warrant and represent that you are the sole, legal owner or licensee of all rights, including copyright, to each copyright, trademark, service mark, trade name, logo, statement, portrait, graphic, artwork, photograph, picture or illustration of any person or any other intellectual property included in such design.

Further you warrant and represent that no part of the design: (a) violates or infringes upon any common law or statutory right of any person or entity, including, but not limited to, rights relating to copyrights, trademarks, contract rights, moral rights or rights of public performance; (b) is the subject of any notice of such infringement you have received; or (c) is subject to any restriction or right of any kind or nature whatsoever which would prevent sudekusa.com/corporate.com from legally reproducing the images or text submitted. All items shown on this web site containing corporate logos or registered trademarks are shown only to illustrate sudekusa.com/corporate.com logo reproduction capabilities. Purchase of merchandise from sudekusa.com/corporate.com in no way, shape or form does not grant you permission to reproduce logos, nor does it transfer, grant or lease ownership of any logos or trademarks to you.

DISCLAIMERS AND LIMITATION OF LIABILITY

You expressly agree that use of sudekusa.com/corporate.com is at your sole risk. The Company does not warrant that sudekusa.com/corporate.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of sudekusa.com/corporate.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through sudekusa.com/corporate.com. sudekusa.com/corporate.com is provided on an "as is," "as available" basis and the Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written or electronically delivered information given by the company or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensors, or the like, shall create any warranty.

Under no circumstances shall the Company, or any other party involved in creating, producing, or distributing sudekusa.com/corporate.com be liable for any direct, indirect, incidental, special, or consequential damages, including without limitation, lost profits that result from the use of or inability to use sudekusa.com/corporate.com, including but not limited to reliance by you on any information obtained from sudekusa.com/corporate.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to the company's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through sudekusa.com/corporate.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

INACCURACY DISCLAIMER

From time to time there may be information on sudekusa.com/corporate.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

INDEMNIFICATION

You agree to defend, indemnify and hold the Company harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including but not limited to, any claim, suit, or proceeding brought against the Company which relates to, or is based upon, a claim that any portion of the design infringes or constitutes wrongful use of any copyright, trademark, or other right of any third party, provided that the Company gives you written notice of any such claim and provides you such reasonable cooperation and assistance as you may require in the defense thereof. You shall pay any damages and costs assessed against the Company pursuant to such a suit or proceeding. Further, you agree to indemnify and hold the Company harmless from and with respect to any such loss or damage (including, but not limited to, reasonable attorneys' fees and costs) associated with any such claim, suit or proceeding.

THE COMPANY'S RIGHTS

The Company may elect, but is not obligated, to electronically monitor areas of sudekusa.com/corporate.com and may disclose any Content, records, or electronic communication of any kind and information you provide to sudekusa.com/corporate.com (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate this site; or (iii) to protect the rights or property of the Company. The Company is not responsible for screening, policing, editing, or monitoring such Content. Subject to the provisions of these Terms of Use, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, the Company may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from sudekusa.com/corporate.com.

The Company reserves the right to prohibit or remove conduct, communication, or Content that it deems in its sole discretion to be harmful to customers, members, users, content or service providers the Company or its affiliates, or any rights of the Company or any third party, or to violate any applicable law. Notwithstanding the foregoing,neither the Company nor its Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither sudekusa.com/corporate.com, nor its affiliates, nor any of its officers, directors, employees, or Agents, nor Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content on sudekusa.com/corporate.com.

ONLINE CONDUCT

Any conduct by you that in the Company's sole discretion restricts or inhibits any other user from using or enjoying sudekusa.com/corporate.com will not be permitted. You agree to use sudekusa.com/corporate.com in accordance with these Terms of Use and only for lawful purposes. You are prohibited from posting on or transmitting through sudekusa.com/corporate.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other Content, or attempt to do any such acts.

The provisions of these Terms of Use are for the benefit of sudekusa.com/corporate.com, its affiliates its Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

PUBLIC AND PRIVATE COMMUNICATIONS

The Company does not screen public communications on the site by it's users in advance. The Company is not responsible for your submissions or responses. Any product concept or ideas submitted by you to sudekusa.com/corporate.com will be considered public and nonproprietary. The Company will not be responsible for any claims to intellectual property if those concepts or ideas are used in promotions, marketing or product concepts. The Company reserves the right to remove any Content that it deems in its sole discretion to be a violation of any law or in violation of these Terms of Use.

PRIVACY POLICY

At the Company, we recognize and respect the importance of maintaining the privacy of our customers and members and have established a privacy policy as a result. In our Privacy Policy we describe why we gather customer and member information, what information we collect, how we collect it and what we use the information for. We encourage you to carefully read our Privacy Policy. To link to our Privacy Policy click below:

TERMINATION

The Company may terminate your access, or suspend your access to all or part of sudekusa.com/corporate.com, without notice, for any conduct that the Company, in its sole discretion, believes is in violation of any applicable law or is harmful to its interests. Moreover, this Agreement is effective unless and until terminated by either you or the Company. You may terminate this Agreement at any time. The Company also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the Company’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.

APPLICABLE LAWS

sudekusa.com/corporate.com is controlled by the Company from its offices within the United States of America. The Company makes no representation that Content in the site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of U.S. export laws and regulations. Any claim relating to this site, the services provided through this site or the Content shall be governed by the internal substantive laws of the State of New Jersey and the exclusive venue and jurisdiction for all claims and disputes arising under the Terms of Use or in connection with this website shall be the appropriate state or federal courts located in Hunterdon county in the State of New Jersey and you and we hereby submit to the exclusive jurisdiction of these courts.

EXPORT

Unless otherwise specified and except to the extent the Company’s products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting the Company’s products and services available in the United States and select foreign markets. The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from sudekusa.com/corporate.com to either a foreign national or a foreign destination in violation of such laws.

ACKNOWLEDGMENT AND CHANGES

This Agreement represents the entire understanding between you and the Company regarding your relationship with the Company and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by accessing any areas of the sudekusa.com/corporate.com site.

 

We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this page and they will become effective upon posting. By accessing sudekusa.com/corporate.com after changes are made to the Terms of Use and posted on the site, you agree to be legally bound and to abide by the amended terms.