Gluespec TERMS OF USE

(Effective Date: February 2, 2012)

Acceptance of Terms

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.

Governing Law and Jurisdiction

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.

Governing Language

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.