These Terms and Conditions of Use (“Terms”) apply to this website (“site” or “website”). This website is owned, operated, licensed or controlled by Wistex II, L.L.C. (“Wistex”), a Pennsylvania limited liability corporation. By communicating with Wistex via email, you consent that Wistex may send communications electronically and that any electronic communication will qualify as “written” communication.
1. Acceptance of Terms and Conditions
By accessing, visiting or using this website, you, the user, acknowledge that you have read and understood these Terms and agree that you will be bound by these terms. If you do not agree to be bound by these terms, do not use this website. The material provided on or accessed by way of this site is protected by law, including without limitation, United States copyright laws and international treaties. This website is controlled or operated by Wistex from its offices within the Commonwealth of Pennsylvania, United States of America. Wistex may change these terms anytime by posting changes to this website. Please check these terms periodically for changes. Your access to this website following the amendment of these terms will mean that you agree to be bound by those changes. The date these terms were last modified is set forth at the bottom of these terms.
2. Intellectual Property Infringement Claims
Wistex will promptly process, investigate and respond to all claims of intellectual property infringement. Wistex will take appropriate action against such claims under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Wistex will act to promptly remove or disable access to any Materials claimed to be infringing or claimed to be the subject of infringing activities and to any reference or link to Materials or activity claimed to be infringing. Wistex will terminate access to advertisers or other agents who are repeat infringers.
3. Security Rules
You are responsible for protecting and maintaining the confidentiality of all of your account information, including but not limited to, your account number, user name and password. You hereby agree to be responsible for all activities that occur under your account number, username and password. You agree not to violate or attempt violate the security of this website, including without limitation, accessing data that is not intended for you use; logging on to a server or account that you are not authorized to access; probing, scanning, or testing the vulnerability of any system or network related in any way to this website without proper authorization; breaching security or authentication measures without proper authorization; interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mail bombing, or crashing; sending promotions and/or advertising products and/or services; or attempting to do any of the preceding. You agree not to otherwise attempt to mislead Wistex or any other person about the origin of any transmission, including without limitation, by using a false email address.
4. Restriction on Use of Materials
The materials that are included in or displayed on this website, including without limitation, images, illustrations, designs, catalog pages, documents, icons, photographs, video clips, text, logos, the HTML code for this website, and other materials (collectively “Materials”) include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Wistex. You may not use the material on any third party website in any advertising or publicity, or in any other way; modify any of the Materials for any purpose; or copy, reproduce, republish, upload, post, transmit or distribute the Materials in any other way without the prior written permission of Wistex. You may download one copy of the Materials on any single computer for your personal, non-commercial use, under the condition that you keep intact all copyright and other proprietary notices. User may also not, without prior written permission of Wistex, “mirror” any material contained in this website, perform “deep links” or use any trademark as a metatag to any other website.
5. Trademarks and Service Marks
The trademarks, service marks and logos used or displayed on this website (the “Trademarks”) are registered and unregistered trademarks of Wistex and others. All Trademarks contained on this website are protected by United States and international trademark and copyright laws. Nothing contained in this website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any such Trademark without the expressed written permission of Wistex. The use of any Trademarks appearing on this website without the expressed written permission of Wistex is strictly prohibited.
6. DISCLAIMER OF WARRANTY
THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISTEX DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, COURSE OF PERFORMANCE, TITLE AND NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. WISTEX DOES NOT WARRANT THAT USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS WEBSITE OR ANY WEBSITE LINKED TO THIS SITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WISTEX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF ANY USE OF, OR OTHERWISE RESPECTING, THE MATERIALS MAINTAINED ON OR ACCESSED BY WAY OF THIS SITE OR ANY WEBSITE LINKED TO THIS SITE.
7. External Linking Disclaimer and Warning
This website may contain links to other websites owned, operated and maintained by others (“Third Party Websites”). Such Third Party Websites are not under the control of Wistex, and Wistex assumes no responsibility for the contents of any such Third Party Website. Wistex cannot and does not represent or warrant the validity, correctness, accuracy or truthfulness of any Third Party Website and does not warrant that Third Party Websites will be available through the links provided. Wistex nor any affiliate of Wistex shall be held liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors or other inaccuracies of any information in such linked sites, any link contained in such linked sites, any changes or updates to such linked sites, or any material transmitted or downloaded from such Third Party Websites. Wistex provides these links solely as a convenience to the user, and such an inclusion should not be construed as an endorsement by Wistex for such Third Party Websites. Wistex reserves the right to terminate any links to other sites at any time without notice.
8. Limitation of Liability
Under no circumstance, including negligence and to the fullest extent permitted by applicable law, will Wistex be liable for any indirect, special, incidental, punitive or consequential damages, including without limitation loss of use, loss of data or lost profits, arising out of the use or inability to use the Materials maintained on or accessed by way of this site, even if Wistex or any Wistex affiliate has been advised of the possibility of such damages. If your use of the Materials maintained on or accessed by way of this site results in the need for service, repair or correction of equipment, software or data, you assume all costs related to that service, repair or correction. Furthermore, by accessing this website you hereby agree that the maximum aggregate liability of Wistex for all claims arising from your use of the Materials maintained on or accessed by way of this website is limited to the value of the item purchased through this site. You agree that Wistex will not be liable for any consequential, incidental, indirect, special, or punitive damages.
Unless you provide Wistex with a valid and correct tax exemption certificate applicable to any goods or services provided by Wistex through this site, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for taxes on Wistex’ net income.
11. Applicable Law
These terms and all claims, disputes and controversies that may arise in connection with these terms and this Website will be governed by the laws of the Commonwealth of Pennsylvania without regard to its choice of law rules. User agrees and hereby consents to the exclusive personal jurisdiction of the state and federal courts located in Bucks County, Pennsylvania, with regard to any such claim.
12. Statute of Limitations
Website users must bring any claim, dispute or controversy (whether in contract, tort or otherwise, whether statutory, common law or equitable and whether preexisting, present or future) against Wistex, its agents, employees, affiliates, successors and assignees (collectively the “Wistex Affiliates”), relating to these Terms and/or this Website within one (1) year after the cause of action has accrued.
This Website is owned, operated and maintained by Wistex from its offices located in Bucks County, Pennsylvania. If any claim, dispute or controversy is not subjected to binding arbitration as detailed in the preceding section, you agree that the exclusive jurisdiction for such a claim, dispute or controversy relating to this Website, including these Terms, will be the state and federal courts located in Bucks County, Pennsylvania, that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that Bucks County, Pennsylvania is an inconvenient forum.
The section headings used in these Terms are intended solely for the convenience of you, the user. Such headings do not affect the construction or interpretation of these Terms, and are not part of these Terms.
15. Separate Agreements
If for any reason any provision of these Terms is considered unlawful, void or unenforceable, then that provision will be deemed to be deleted from these terms and conditions and such deletion will not affect in anyway the remaining provisions of these Terms, which will continue to constitute this agreement.
16. Entire Agreement
These Terms constitute the entire agreement between you, the user, and Wistex. These terms may not be altered or modified in any way unless signed in writing by you, the user, and a duly authorized agent of Wistex.
17. Termination / Access Restriction
Wistex reserves the right, in its sole discretion to terminate your access to the Website and the related services or any portion thereof at any time, without notices.
18. Product Information
Any information regarding products appearing on Wistex’s website was compiled from the information and data furnished by the various manufactures whose products appear herein and Wistex assumes no responsibility and makes no representation as to the accuracy of the specifications of the products. Wistex makes no representation that the goods advertised on its website comply with the specific requirements of the U.S. Occupational Safety and Health Act (POSHA) or of federal or state environmental laws as they exist now or may exist in the future. It is your responsibility to comply with such laws based on the intended or actual use of the products. Material Safety Data Sheets (MSDS) are available upon request for all products for which they are required. PRODUCT CROSS-REFERENCE COMPARISONS DO NOT IMPLY THAT ALL PRODUCTS COMPARED ARE AVAILABLE OR PERFECTLY COMPARABLE. Cross referenced products are not represented or warranted as functional or performance equivalents.
19. Terms and Conditions.
Wistex’s General Terms and Conditions are incorporated as though set forth herein at length. Wistex’s General Terms and Conditions are available on its website.
20. Notices, Questions, Communication