TERMS OF USE
Welcome to the Sledd Co. Web site! This Web site (www.sleddco.com, or
any replacement site, the “Site”) is operated by Sledd Co. and its
affiliates (collectively “Sledd Co.,” “we” or “us”) to provide you with
information about us, our products and services, your customer account
with us, and our industry. All access to and use of the Site is governed
by and subject to these terms and conditions of use (these “Terms”).
Please read these Terms carefully and thoroughly.
By accessing and using the Site, you agree that you have read and
understand these Terms and that you accept and agree to be bound by
these Terms. If you do not agree to these Terms, please do not continue to access and
use the Site.
Changes to Terms
We may update these Terms from time to time and may amend them at any
time to incorporate additional terms specific to additional features,
materials, products, opportunities, or services that we may make
available on or through the Site. All such updates and amendments are
effective immediately upon notice thereof, which we may give by any
means, including, but not limited to, by posting a revised version of
these Terms or other notice on the Site.
You should view these Terms often to stay informed of changes that may
affect you, as your continued use of the Site signifies your continuing
consent to be bound by these Terms. We expressly
reserve the right to make any changes to these Terms, or to the Site and
its content, at any time, without prior notice to you.
Access and Use
In these Terms, “you” refers to an individual accessing the Site,
regardless of the particular features, materials, opportunities, or
services made available on the Site that you choose to browse, use, or
take advantage of. To the extent applicable, “you” also includes the
corporation or other legal entity (your “Company”), if any, on whose
behalf you are accessing the Site. You represent and agree that all
information that you provide to Sledd Co. in connection with your access
to and use of the Site is, at the time of submission, true, accurate,
and complete to the best of your knowledge, ability, and belief. We
reserve the right to terminate these Terms, or to refuse, restrict, or
discontinue service or access to the Site (or any portions, components,
or features of the Site) to you or any other person or entity, for any
reason or for no reason whatsoever, at any time, without notice or
liability. Failure to comply with these Terms may, among other things,
result in the immediate termination of your access to and use of the
Site.
Privacy Policy
Information that we collect about you and your company, or that you
submit or provide, through your access to and use of the Site is subject
to our
Privacy Policy, the terms of
which are hereby incorporated into these Terms by reference. We
encourage you to read and become familiar with our privacy practices, as
described in our Privacy Policy.
Consents
Before continuing to access and use this Site, you must obtain all
required consents and approvals from your company and from any
customers, clients, and other third parties who may be affected by, or
may need to consent to or approve, your access and use of the Site and
any of the features, materials, opportunities, and services provided
through the Site, whether such consents and approvals are required by
law or otherwise.
Security
Sledd Co. takes such commercially reasonable measures as it deems
appropriate to secure and protect information transmitted to and from
the Site. Nevertheless, we cannot and do not guarantee that any such
transmissions are or will be totally secure. You are responsible for
maintaining the confidentiality of any customer identifier or other
unique name or number (your “Customer ID”) and any password that may be
assigned to you by Sledd Co., and you are fully responsible for all
access and any activity that occurs through use of your Customer ID or
password. You agree to immediately notify Sledd Co. of any unauthorized
use of your Customer ID or password, or of any breach of Site security
or of these Terms, of which you become aware. Sledd Co. cannot and will
not be liable for any loss or damage arising from any unauthorized
access or use of your Customer ID and password.
Proprietary Content
Sledd Co. respects the intellectual property rights of others and
expects you to do the same. We have expended substantial time, effort
and funds to create the Site and to collect and provide the features,
materials, opportunities, and services that are available on or through
the Site. You understand and agree that Sledd Co. owns, or (where
required, appropriate, or applicable) has been licensed by third parties
to use, all right, title, and interest in and to the Site and the
features, materials, opportunities, and services made available on or
through the Site, and all information, text, data, databases, graphics,
images, audio and visual clips, logos, software, and other materials
contained therein, and the compilation, collection, design, selection,
and arrangement thereof (collectively, the “Content”). You acknowledge
that the Content constitutes valuable proprietary information that is
protected by applicable intellectual property and other proprietary
rights, laws, and treaties of the United States and other countries, and
that you acquire no ownership interest by accessing and using the Site
and the Content. Such intellectual property and proprietary rights may
include, but are not limited to, various patents, copyrights, trademarks
and service marks, registered trademarks and service marks, trade dress
protection, and trade secrets, and all such rights are and shall remain
the property of Sledd Co. or its licensors and content-providers.
Use of Content
Sledd Co. grants you a limited license to access and make personal use
of the Site and the Content solely for legitimate business purposes
consistent with the reasonably inferable intended purposes of the Site
and the Content. Any other access to or use of the Site or the Content
constitutes a violation of these Terms. No business or professional
relationship is created in connection with any provision of the Content.
The Content is provided exclusively with the understanding that Sledd
Co. is not thereby engaged in rendering professional advice or services
to you. Except as expressly provided for in these Terms, any alteration,
modification, reproduction, redistribution, retransmission, redisplay,
or other use of any portion of the Site or of the Content in any other
manner or for any other purpose constitutes an infringement of our
intellectual property and other proprietary rights and is strictly
prohibited. Other than as necessary and required to facilitate your
personal use of the Site, as provided above, you may not reproduce,
perform, create derivative works from, republish, upload, post, mirror,
archive, retransmit, or redistribute in any way whatsoever any Content
or any portion of the Site without the express, prior written permission
of Sledd Co.. Use of the Content, or any portion thereof, on any other
Web site or other networked computer environment is prohibited without
the express, prior written permission of Sledd Co.. Accessing, using, or
copying any portion of the Site or of the Content through the use of
bots, spiders, Web crawlers, indexing agents, or other automated devices
or mechanisms is strictly prohibited. You agree not to remove or modify
any copyright notice or trademark legend, author attribution, or other
notice placed on or contained within any of the Content. Except as
expressly authorized by Sledd Co. in writing, in no event shall you
reproduce, redistribute, duplicate, copy, sell, resell, or exploit for
any commercial purpose, all or any portion of the Site or the Content or
access to or use of the Site or the Content.
Use of Submissions
By submitting any information or material to the Site or to Sledd Co.,
whether by e-mail, telephone, or other mode or medium of communication,
or through access to and use of the Site or the Content (including, but
not limited to, access to, use of, and responses to, any available
pages, applications, job postings, bulletin boards, or surveys conducted
by Sledd Co., and submitting or posting feedback, questions, comments,
suggestions, ideas, resumes, graphics, text, software, computer files,
or other material of any type), you thereby expressly grant, or warrant
that the owner of such material has expressly granted, Sledd Co. a
royalty-free, fully-paid, perpetual, irrevocable, non-exclusive right
and license to use, make and have made, reproduce, modify, adapt,
publish, translate, and distribute such material (in whole or in part)
worldwide and to incorporate it in other works in any form, media, or
technology now known or hereafter developed, subject to our
Privacy Policy, as available on the Site.
User Conduct
In connection with your access to and use of the Site and that of any
person authorized by you to use the Site, you are responsible for
compliance with all applicable laws, regulations, and policies of all
relevant jurisdictions. Recognizing the global nature of the Internet,
you agree to comply with all applicable local rules regarding online
conduct and acceptable content. Specifically, among other things, you
agree that by or while accessing or using the Site you will not:
1. restrict
or inhibit any other user from using or enjoying the Site;
2. represent
yourself as another or as a fictitious individual, unless you are
participating in an area of the Site that requires or encourages
anonymity;
3. disrupt
or interfere with the Site or its operation or availability, or alter or
tamper with the Content;
4. post
or transmit any unlawful, fraudulent, libelous, defamatory, obscene,
pornographic, profane, threatening, abusive, hateful, offensive,
harassing, or otherwise objectionable information of any kind,
including, but not limited to, any transmissions constituting or
encouraging conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any applicable local, state,
national, or foreign law;
5. post
or transmit any information that is invasive of privacy or publicity
rights or that violates or infringes in any way upon the rights of
others;
6. post
or transmit any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities or schemes, or other unsolicited
commercial communication or engage in spamming, flooding, or any denial
of service attack;
7. post
or transmit any data or information out of the country in which you
reside in violation of applicable law;
8. post
or transmit any data or software that cannot be exported without prior
written government authorization, including, but not limited to, certain
encryption software; and
9. post
or transmit any information or software which contains a virus, trojan
horse, worm, or other disabling device or harmful component.
The above assurances and commitments by you shall survive termination of
these Terms.
Linked Sites
For your convenience, certain hyperlinks may be provided on the Site
which link to other Web sites that are not under the control of Sledd
Co.. Sledd Co. does not endorse or sponsor such Web sites and is not
responsible for the availability, accuracy, content, or any other aspect
of such Web sites. Sledd Co. disclaims all liability for such Web sites,
for all access to and use thereof, and for use of the links to such Web
sites. We also disclaim all liability, and make no representations or
warranties, with respect to any products or services made available,
sold, or provided to you by any third party. Your use of other Web
sites, and the offer or purchase of products or services on or through
such other Web sites, is subject to the terms and conditions of such
other Web sites. You agree that you will bring no suit or claim against
Sledd Co. arising from or based upon your use of, or the offer or
purchase of products or services on or through, such other Web sites.
Hyperlinks to other Web sites that are provided on the Site do not imply
that: (a) Sledd Co. is affiliated or associated with any linked sites;
(b) Sledd Co. is legally authorized to use any trademark, tradename,
logo, or copyright symbol displayed in connection with or accessible
through such links; or (c) any linked site is authorized to use any
trademark, trade name, logo, or copyright symbol of Sledd Co..
Disclaimer
Although Sledd Co. strives to make the Site, the Content, and the
features, materials, opportunities, and services provided through the
Site reasonably helpful, useful, reliable, and current, you understand
and agree that your access to and use of the Site, the Content, and all
materials, products, and services available through the Site and Sledd
Co. are at your own initiative and risk. Sledd Co. does not make any
promise, covenant, representation, warranty, or guarantee that you or
any other user of the Site will obtain any particular or tangible result
or goal through the use of the Site or any other product or service in
connection with use of the Site. It is your responsibility to take
appropriate precautions to ensure that any information, materials,
software, or data that you access, use, download, or otherwise obtain on
or through the Site and Sledd Co. are: (a) up-to-date, accurate,
complete, reliable, and suitable to and appropriate for the purpose for
that you, or your company, may desire to use them; and (b) free of
viruses and other disabling devices and destructive routines. THE SITE
AND THE CONTENT, AND ALL MATERIALS, PRODUCTS, AND SERVICES AVAILABLE ON
OR THROUGH THE SITE AND SLEDD CO. ARE PROVIDED "AS IS" AND “AS
AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED.
SLEDD CO. DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. SLEDD CO. DOES NOT REPRESENT, WARRANT, OR COVENANT
THAT THE SITE OR ANY MATERIALS, PRODUCTS, OR SERVICES AVAILABLE ON OR
THROUGH THE SITE OR THROUGH SLEDD CO. ARE OR WILL BE ACCURATE,
CURRENT,
COMPLETE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU,
OR YOUR CO., MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE
ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE AND THE MATERIALS, PRODUCTS, AND SERVICES
AVAILABLE ON OR THROUGH THE SITE AND THROUGH SLEDD CO. ARE FREE OF
VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL SLEDD CO., ITS CONTRACTORS, SUPPLIERS,
CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES, AND THE OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH OF THE
FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY
LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN
CONNECTION WITH: (A) YOUR USE OF, OR RELIANCE ON, THE SITE, THE CONTENT,
OR THE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE ON OR THROUGH THE
SITE OR THROUGH SLEDD CO.; (B) SLEDD CO.’S PERFORMANCE OF OR FAILURE TO
PERFORM ITS OBLIGATIONS IN CONNECTION WITH THESE TERMS; (C) THE
DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR
OF THIRD PARTIES; OR (D) YOUR PURCHASE AND USE OF ANY GOODS OR SERVICES
PROVIDED BY THIRD PARTIES. UNDER NO CIRCUMSTANCES SHALL SLEDD CO., ITS
CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES,
AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF EACH OF THE
FOREGOING, BE LIABLE TO YOU, YOUR COMPANY, OR ANY THIRD PARTY FOR ANY
INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR
DAMAGES OR COSTS (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DATA,
LOSS OF GOODWILL, LOSS OF OR DAMAGE TO PROPERTY, LOSS OF USE, BUSINESS
INTERRUPTION, AND CLAIMS OF THIRD PARTIES) ARISING OUT OF OR IN
CONNECTION WITH THESE TERMS OR THE USE OF MATERIALS, PRODUCTS, AND
SERVICES AVAILABLE ON OR THROUGH THE SITE OR THROUGH SLEDD CO., THE USE,
COPYING OR DISPLAY OF THE SITE OR THE CONTENT, TRANSMISSION OF
INFORMATION TO OR FROM THE SITE OVER THE INTERNET, OR ANY OTHER CAUSE
BEYOND THE CONTROL OF SLEDD CO., EVEN IF SLEDD CO. WAS ADVISED, KNEW, OR
SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS. IN A
JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CERTAIN DAMAGES, THE LIABILITY OF SLEDD CO., ITS
CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS, AND OTHER SIMILAR ENTITIES,
AND THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF
EACH OF THE FOREGOING, SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS
TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING ANY OF THE
FOREGOING, IF SLEDD CO., ITS CONTRACTORS, SUPPLIERS CONTENT-PROVIDERS,
AND OTHER SIMILAR ENTITIES, OR ANY OF THE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS OF ANY OF THE FOREGOING, IS FOUND
LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER
MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, OR
YOUR USE OF THE SITE, SLEDD CO. AND SUCH PARTIES’ CUMULATIVE, AGGREGATE,
AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY
CALENDAR YEAR SHALL NOT EXCEED $100.
Indemnification
You agree to indemnify, defend and hold Sledd Co., and the officers,
directors, employees and agents of Sledd Co., harmless from and against
all claims, demands, suits or other proceedings, and all resulting loss,
damage, liability, cost, and expense (including reasonable attorneys'
fees), made by any third party due to or arising out of content, data,
or information that you submit, post to, or transmit through the Site,
your access to and use of the Content, the Site, and other materials,
products, and services available on or through the Site and Sledd Co.,
your violation of these Terms, or your violation of any rights of
another. We reserve, and you grant to us, the right to assume exclusive
defense and control of any matter subject to indemnification by you. All
rights and duties of indemnification that are set forth herein shall
survive termination of these Terms.
Miscellaneous
These Terms and the Privacy Policy referenced
herein (as each may be revised and amended from time to time according
to their respective terms) collectively constitute the entire agreement
with respect to your access to and use of the Site, the Content, and any
other materials, products, and services available on or through the Site
or through Sledd Co.. If you are a customer of Sledd Co., nothing in
these Terms will supersede any separate agreement between you and Sledd
Co. with respect to the subject matter of any such agreement. Our
electronically or otherwise properly stored copy of these Terms shall be
deemed to be the true, complete, valid, authentic, and enforceable copy
of these Terms, and you agree that you shall not contest the
admissibility or enforceability of Sledd Co.’s copy of these Terms in
connection with any action or proceeding arising out of or relating to
these Terms. Except as expressly provided for herein, these Terms do not
confer any rights, remedies, or benefits upon any person other than you
and Sledd Co..Sledd Co. may assign its rights and duties under these
Terms at any time to any third party without notice. You may not assign
these Terms without the prior written consent of Sledd Co. These Terms
shall be binding on and inure to the benefit of the parties hereto and
their respective successors and assigns. Should any provision of these
Terms be held to be void, invalid, unenforceable, or illegal by a proper
legal authority, the validity and enforceability of the other provisions
hereof shall not be affected. You are responsible for complying with any
and all laws of the jurisdiction from which you are accessing the Site
and any other jurisdiction whose laws apply to you or your actions. You
agree that you will not access or use the Site, the Content, or any
other information or materials on the Site in violation of the
aforementioned laws or these Terms.
Questions Regarding The Site or these Terms
Please contact us with any questions regarding the Site or these Terms
by e-mail at webmaster@sleddco.com.
Acknowledgement
BY USING AND ACCESSING THE
SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICY
REFERENCED HEREIN.
