Gluespec
TERMS OF USE
(Effective
Date: February 2, 2012)
The Gluespec Website
located at www.gluespec.com (the
"Website") is owned and operated by Ellsworth Corporation ("Ellsworth"). Your use of the Website, and the
features and services offered through the Website, are subject to the terms and
conditions contained or referenced in this Terms of Use Agreement (the
"Agreement"). Additional terms and
conditions may govern your use of the Website, including Ellsworth’s Website
Privacy Policy located in the footer.
Modifications to
Service
Ellsworth reserves the right to modify in
part or in whole, or temporarily or permanently discontinue this Website or any
content contained therein for any reason and at anytime without notice to you. Ellsworth
is not liable to you or any third party for
modifications, suspension or discontinuance of any services or content offered
on this Website.
Creating a Profile
and Account
To take
advantage of other features and services offered through the Website, you may
register with the Website to create a user account.
When setting up your user account and user profile, you agree to: (a) provide
accurate and current information about yourself as prompted by the Website (the
"User Information"); and (b) maintain and update the User Information to keep it
accurate and current. If you provide
any information that is untrue, inaccurate, not current or incomplete, or we
have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we may, in our sole discretion, suspend or terminate
your account and decline to permit your continued use of the Website and future
access to the Website.
You are responsible for maintaining the
confidentiality of your account and password and for restricting access to your
computer. Ellsworth shall not, in
any manner, be responsible or liable for fraudulent use of the Website or for
purchases that are made using your compromised
Account Information.
Limitations of Use
You acknowledge and agree that your use of the
Website and the content contained on the Website services is for your own
internal business use only. You may
not use the Website or content contained on the Website to recreate a material
database or otherwise compete with Ellsworth.
Website Availability
Ellsworth
periodically
schedules system downtime for maintenance and other purposes and the Website may
be unavailable due to unplanned system outages.
Ellsworth shall have no liability whatsoever for the resulting
unavailability of the Website or for any loss of data or transactions caused by
planned or unplanned system outages or the resultant delay, misdelivery, or
nondelivery of information caused by such system outages.
Website Content, Material Information and Website Errors
The Website and its content, including but not limited to material data sheets,
material descriptions and images, and material availability are subject to change
without notice. Ellsworth makes no
warranty or guarantee that the information on our website, material data sheets,
material descriptions, prices or other content is current,
accurate, complete, reliable, or
error-free. In the event content on
the Website contains incorrect information, Ellsworth shall have the right to
refuse or cancel any orders placed for materials listed at the incorrect price. Ellsworth shall have the right to
refuse or cancel any such orders whether or not the order has been confirmed and
your credit card charged.
Errors will be corrected where discovered, and Ellsworth reserves the right to
revoke any stated offer and to correct any errors, inaccuracies or omissions. Ellsworth also reserves the right to
refuse or cancel any order containing any error or inaccuracy, including after
the order has been submitted, whether or not the order has been confirmed and
payment processed.
Third
Party Content and Links
The Website may contain hyperlinks to Websites
controlled by parties other than
Ellsworth. Ellsworth
is not
responsible for and does not endorse or accept responsibility over the contents,
opinions expressed or use of any of these Websites.
Ellsworth
makes no representations or warranties with regard to the materials, services or
content of any such third parties.
Disclosure and Use of Your
Communications
Any personal or business information provided to Ellsworth by you through the
use of the Website will be maintained in accordance with Ellsworth's Privacy
Policy located in the footer. You agree
to be solely responsible for providing accurate, current, and complete
information as requested by Ellsworth or its affiliates or service providers. Ellsworth will use information that
you provide to Ellsworth solely to provide you with material information.
When you visit Website or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing.
Unsolicited Ideas
Ellsworth welcomes feedback, questions and comments about its materials, services
and this Website. As a general
policy, Ellsworth does not accept unsolicited ideas for adhesive, sealant or
other chemical materials or services through this Website.
Ownership of Customer Information and
Data
The Website provides you with opportunities to submit material information,
application specifications and other information about your business to assist us
with identifying materials sold by Ellsworth.
You shall remain the sole and exclusive owner of any information and
data, including but not limited to blueprints, schematics, designs,
specifications, or proposals (including any inventions, trade secrets,
trademarks, or copyrights contained therein) and, unless otherwise authorized by
you in writing, Ellsworth will maintain the confidentiality of any such
information or data you submit via this Website.
The above provision shall not affect the intellectual property rights of
Ellsworth, its partners, suppliers and customers, that create, own or possess
inventions, trade secrets, trademarks, or copyrights that were created
independently from your intellectual property rights or otherwise lawfully
obtained from a third party.
Ellsworth Intellectual Property and Usage Restrictions
Unless otherwise indicated, all trademarks on the Website are subject to
trademark rights of Ellsworth or its suppliers, including material names, logos,
and graphics, or the respective manufacturers or supplier of materials. The arrangement and compilation of
the content on the Website is the exclusive property of Ellsworth and are
protected by U.S. and international copyright laws. All software used on the Website is
the property of Ellsworth and is protected by United States and international
copyright laws. Your use of the
content contained on the Website is for internal business purposes only. You agree not to copy, reproduce,
republish, distribute or transmit the Website or the content contained on the
Website for any other purposes without the express prior written consent of
Ellsworth. You further agree not to
reverse engineer, hack, spam, block, disrupt, or otherwise change or alter the
site. Doing so may subject you to
legal liability. Ellsworth will, in
its sole discretion, take all appropriate legal action and recourse for
violations hereof.
Termination of Use
Ellsworth reserves the right to change, suspend, or discontinue any or all
aspects of the Ellsworth website at any time without prior notice. Ellsworth may, in its sole
discretion, terminate your account or your use of the Ellsworth website at
anytime.
Limited Warranty and Disclaimer of
Warranties
The Website and its content are made available to users AS IS without any
warranty of any kind. Ellsworth
makes no representations, guarantees, or warranties regarding the accuracy,
reliability, availability, confidentiality (except as set forth in the Privacy
Policy) or completeness of the content of this Website.
Ellsworth, to the greatest extent
permissible by law, disclaims any and all warranties, express or implied. Further, Ellsworth does not warrant
or represent that this site or the server that makes it available is error-free
or that the site will be uninterrupted or free of defects, including, without
limitation, computer viruses, worms, bugs, timebombs, or any other similar
problems and/or defects.
Limitation of Liability
Ellsworth shall not be liable for damages of any kind
including, without limitation, compensatory, special, incidental, exemplary,
lost profits, loss of revenue, and/or consequential damages arising out of your
access to or inability to access this WEBsite, or your use of or reliance upon
this site or the content hereof. In
addition, Ellsworth has no duty to update this site, or the content thereof, and
Ellsworth shall not be liable for any failure to update such information. Further, Ellsworth is neither
responsible nor liable for your use of other Web sites that you may access via
links within this WEBsite. Those
links and other resources referenced on this WEBsite are provided merely as a
service to users, and inclusion in Ellsworth's site does not constitute an
endorsement by OR affiliation with Ellsworth.
Indemnification
By accessing the Website, you agree that you remain solely responsible for use
of the Website, and you agree to indemnify and hold harmless, Ellsworth and its
agents with respect to any claim based upon misuse of this Website or breach of
any terms or conditions of this Agreement.
Applicable
Law/International Issues
Information that is submitted to this Website will be
collected, processed, stored, disclosed and disposed of in accordance with
applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that
we may collect and use your Information, as discussed above, outside your
resident jurisdiction. In addition, such Information may be stored on servers
located outside your resident jurisdiction. U.S. law may not provide the degree
of protection for Information that is available in other countries. By providing
us with your Information, you acknowledge that your have read this Agreement,
understand it, agree to its terms and consent to the transfer of such
Information outside your resident jurisdiction. If you do not consent to the
terms of this Policy, please do not use this Website, but if you have already
provided us with Information, please contact us and let us know how you would like us to
handle such information.
This Agreement shall be governed and interpreted in accordance with the laws of
the United States and the state of Wisconsin.
Any disputes arising out of this Policy shall be adjudicated in a court
of competent jurisdiction in the Eastern District of the state of Wisconsin.
Any
translation of this Policy is done for local requirements and in the event of a
dispute between the English and any non-English versions, the English version of
this Privacy Policy shall govern.
Questions
Questions regarding this Agreement can be directed to our support staff by
emailing us at
info@gluespec.com.