TERMS OF USE
FOR
TENSION ENVELOPE CORPORATION’S CUSTOMER WEBSITE
Last Update: July 2002
By accessing any area of this Tension Envelope Corporation (“Tension Envelope”) Customer Website or by using information contained within this Site, you (“Customer”) agree that you are legally bound by the terms set forth below.
All information and data, including account, shipping and inventory information and all records and reports, logos, trademarks, graphics, images, photographs and other elements and materials (except for information specifically identifying Customer and Customer trademarks and logos) that are obtained through or are on or part of the Site (collectively, “Materials”) are owned by Tension Envelope or its third party providers. Tension Envelope also owns a copyright in certain Materials and in the selection and arrangement of the Materials. Any ideas, improvements or changes for the Site, from time to time, including those provided by Customer, shall be the sole property of, and all proprietary rights, if any, relating thereto shall belong to, Tension Envelope logo and other Tension Envelope marks and product references are trademarks of Tension Envelope (including those marks and product references accessible through the Quote Request feature of the Site) and may be registered in certain jurisdictions. Other product names, marks, logos and symbols may be the trademarks of Tension Envelope’s third party providers or other third parties. Any unauthorized use of any such trademarks may be a violation of the rights of Tension Envelope or a third party. Unless Customer notifies Tension Envelope otherwise, Tension Envelope has the right to post on the Site any Customer logo or Customer trademarks for viewing only by Customer and only in connection with the Materials relating to Customer.
Customers shall not use the Site for any unlawful purpose.
This Site may contain links to websites controlled by parties other than Tension Envelope. Tension Envelope does not endorse and is not responsible or liable for the contents or use of these third party sites. Tension Envelope is providing these links to Customers only as a convenience.
Tension Envelope reserves the right to cease operating the Site or terminate any Customer access to all or part of the Site, without notice, at any time, for any reason. Tension Envelope may make improvements or changes to the Site or to the products, services, programs or prices described in any catalogue on this Site, at any time, without notice. Tension Envelope may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon Tension Envelope’s posting of the same on the Site.
If, at any time, a Customer believes that any information respecting the Customer and its accounts and transactions with Tension Envelope (“Customer Information”) is inaccurate in any respect, Customer shall, reasonably promptly, in writing, by electronic mail, fax or otherwise, notify Customer’s Tension Envelope sales representative of such error.
Customer shall not give access to the Materials or the Site to any third party nor shall Customer permit any third party to view the Materials or the Site.
Except as stated herein, you may not use, copy, reproduce, modify, create derivative works from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials, without the prior written permission of Tension Envelope. Any unauthorized copying or other use of any Materials contained on this Site may violate copyright, trademark, privacy, communications or other laws and regulations.
Tension Envelope hereby grants Customer permission to copy, print and download Materials on this Site, provided that: (1) Customer does not remove any copyright or other proprietary notices; (2) the use of such Materials and the Site is solely for Customer’s internal business use; (3) in no event shall Customer disclose or transmit to any third parties (especially third parties who are competitors of Tension Envelope) any Materials or any copies, prints or downloaded Materials, as the Site contains significant material which is confidential and proprietary; and (4) Customer does not modify the Materials in any way.
TENSION ENVELOPE IS PROVIDING THE SITE AND THE MATERIALS AS AN ADDITIONAL SERVICE AND ACCOMMODATION TO THE CUSTOMER, AT NO CHARGE TO CUSTOMER. IN CONSIDERATION THEREOF, THE SITE AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,”AND THE USE OF THE SITE AND MATERIALS IS AT CUSTOMER’S SOLE RISK. TENSION ENVELOPE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
NEITHER TENSION ENVELOPE NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES, LOSS OR EXPENSE OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS OR THE CUSTOMER INFORMATION, INCLUDING BUT NOT LIMITED TO, MISTAKES, OMISSIONS, UNAUTHORIZED USE, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES, LOSS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUES AND DAMAGES FROM LOSS OR INACCURACY OF DATA. IN PARTICULAR, CUSTOMER SHALL BE RESPONSIBLE FOR ALL DAMAGES, LOSS OR EXPENSE CAUSED BY ANY USE OF THE CUSTOMER’S SITE BY A USER NOT AUTHORIZED BY CUSTOMER.
Customer agrees to hold Tension Envelope, its officers, directors, employees, agents and affiliates harmless from and indemnify them against any claims by third parties based on or related to Customer on-line actions or Customer’s use of the Site or the Materials and all damages, loss and expenses arising therefrom or relating thereto.
Due to limitations in the ability of electronic media to reproduce colors, the actual colors of Tension Envelope’s products may differ from colors of products that appear on this Site. Customers interested in a Tension Envelope product should contact a Tension Envelope sales representative to view actual product samples.
Tension Envelope may use the information and data submitted by or gathered from Customer for its own business and marketing purposes, but Tension Envelope does not at this time sell or otherwise share such information or Customer’s e-mail address with third parties for marketing purposes, without Customer’s prior consent, unless required by law or governmental authority. Tension Envelope has the right to change this policy at any time.
Customer acknowledges that Customer, not Tension Envelope, has full responsibility for all Inventory Release requests, quote requests, comments, questions, feedback, information or other materials Customer submits to Tension Envelope through or in connection with this Site, including their accuracy, legality, reliability, appropriateness, originality and copyright. Any Customer “Inventory Release Request” is subject to acceptance by Tension Envelope. Any Catalog Order Request submitted by Customer is subject to acceptance by Tension Envelope. Any Customer “Quote Request” is subject to acceptance by Tension Envelope.
Customer understands that, although Customer can request Inventory Releases through this Site respecting product subject to an order which has been accepted by Tension Envelope, Customer cannot at this time place new orders for Tension Envelope products through this Site. If Customer wishes to submit a new order for Tension Envelope products, Customer should contact its Tension Envelope sales representative directly and the order will be processed through Tension Envelope’s normal channels.
Customer agrees that if these Terms of Use conflict with any provision of any other agreement between Tension Envelope and Customer, these Terms of Use will control.
The internal laws of the State of Missouri shall govern these Terms and the use of this Site and any dispute relating thereto. Any suit or proceeding related to these Terms or the use of the Site will be brought and maintained in the appropriate state or federal courts in Jackson County, Missouri.
If you have any questions about these Terms, please send an e-mail to the Web Administrator using the Contact Us button.