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Website Terms and Conditions of Use
1. User acknowledgment and acceptance of terms
2. Description of Services
We offer various services on this Site, including, but not limited to, an online shopping cart system for ordering customized and in-stock products and other similar services. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including computers, modems, and Internet access (including payment of all fees associated with such access).
3. Registration Data and Privacy
To access certain services on the Site, you will need to use an account and password that can be obtained by completing our online registration form, which requires certain information and data ("Registration Data") and to maintain and update your Registration Data as needed. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as necessary to keep it current, complete, and accurate.
4. Third Party Sites and Information
This Site may link you to other sites on the Internet or otherwise contain references to information, documents, software, materials, and/or services provided by other parties. These sites may contain information or materials that some people may find inappropriate or objectionable. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions therein. Any references to other parties or their products and services. The inclusion of such links or references is provided for convenience only and does not imply our endorsement or association with the site or a party, or any express or implied warranty of any kind.
5. Intellectual Property Information
Copyright (c) January 1, 2020, Billy Marking Products Co.
Neither we nor our affiliates warrant or represent that your use of materials displayed on or available through the Site will not infringe the rights of third parties. If any party believes that content posted on the Site infringes any patent, trademark, trade secret, copyright, right of publicity, or another proprietary right of any person, please refer to the User Materials below for instructions on the procedure to follow. Parties.
6. Unauthorized Use of Materials
Please do not submit confidential or proprietary information to us unless we agree otherwise in writing. We also cannot accept unsolicited ideas or suggestions from you, so please do not submit them to us under any circumstances.
We respect the intellectual property rights of others, and we ask that you do the same. If you or any user of the Site believes that a posting on the Site infringes its copyright, trademark, or other property rights, you or such user should immediately send a notice to our Designated Agent (listed below). To be effective, a notice must include.
1. a detailed description of the copyrighted work that you believe has been infringed or other information sufficient to identify the copyrighted work that has been infringed)
2. identification of the material that you claim is infringing a copyrighted work listed in item 1 above
3. provide information reasonably sufficient to permit us to contact you (email address preferred)
4. if possible, provide information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing web page or other content (preferred email address)
5. include the following statement: "I have a good faith belief that use of the above-copyrighted material is not authorized by the copyright owner, its agent, or the law."
6. include the following statement: "I swear that the information in the notice is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of the exclusive right that is allegedly infringed under penalty of perjury. "
7. sign the document.
8. Send the written communication to the following address.
Designated Agent for the alleged infringement.
CONTACT PERSON: Billy, General Manager - Billy Marking Products Co.
Address: 9224 Queens Blvd, Queens, NY 11374
You acknowledge and agree that upon receipt of notice of a claim of copyright infringement, we may immediately remove the identified material from our site without liability to you or any other party and that the claims of the complaining party and the party who originally posted the statement will be submitted to the U.S. Copyright Office for adjudication under the provisions of the Digital Millennium Copyright Act.
7. disclaimer of warranties
all materials and services on this site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or non-infringement. without limiting the foregoing, we do not warrant that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the information that may be obtained as a result of using the services or materials will be effective, accurate, or reliable, or (d) the quality of any products, services, or information you purchase or obtain from us or our affiliates from this site will meet your or your expectations without errors, mistakes or defects.
This Site may contain technical or other errors, inaccuracies, or typographical errors. We may change the materials and services on this Site, including the prices and descriptions of any products listed herein, at any time and without notice. The materials or services on this Site may be out of date, and we do not commit to updating such materials or services.
Use of the Services or downloading or otherwise accessing any materials through this Site is at your sole discretion and risk, and you agree to assume full responsibility for any resulting damage to your computer system or loss of data activity.
Through your use of the Site, you may have the opportunity to engage in business transactions with other users and suppliers. You acknowledge that all dealings in connection with any goods or services provided by any party, including, without limitation, the terms of purchase, payment terms, warranties, guarantees, maintenance, and delivery terms associated with such dealings, are solely between the seller or purchaser of such goods and services and you. we make no warranties concerning any transactions through or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. any warranties associated with any products, services, materials, or information provided by a third party on or through this site are provided solely by that third party.
the content available through this site generally represents the opinions and judgments of the information providers, users of the site, or other individuals or entities not affiliated with us. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Jackson Marking Products Co., Inc. spokesperson in his or her official capacity.
You understand and agree that temporary interruptions in the services provided through the Site may occur as normal events. You further understand and agree that we have no control over third-party networks that you may access in the course of using the Site and that, therefore, delays and interruptions in other network transmissions are entirely beyond our control.
You understand and agree that the services provided on the Site are provided "as is" and that we are not responsible for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
8. Limitation of Liability
in no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind or for any damages whatsoever, including, without limitation, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability arising out of or in connection with the use of this site or any site referenced or linked to from this site.
in addition, we are not responsible for third-party goods and services offered through this site or for facilitating commercial transactions through this site, including, but not limited to, order processing.
some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Upon our request, you agree to defend, indemnify and hold us and our affiliates harmless from and against all liabilities, claims, and expenses, including attorneys' fees, arising out of your use or misuse of the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter requiring indemnification by you, in which case you will cooperate with us in asserting any available defenses.
10. Security and Passwords
You are solely responsible for maintaining the confidentiality of your password and account, and for any statements made and acts or omissions occurring through the use of your password and account. Therefore, you must take steps to ensure that no one else has access to your password and account. Our staff will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to terminate your account immediately if you do so.
11. Participation in Promotions
At times, the Site may contain advertisements provided by third parties. You may correspond with or participate in promotions from advertisers whose products are displayed on the Site. Any such communications or promotions, including delivery of and payment for goods and services, and any other terms, conditions, warranties, or representations associated with such communications or promotions, are solely between you and the advertiser. We assume no responsibility, liability, or responsibility for any part of any such communication or promotion.
12. Email, Messaging, Blogging, and Chat Services
We may provide e-mail, messaging, blogging, or chat services (collectively, "Communications") to users of our Site, either directly or through third-party providers. We provide separate and supplemental agreements to describe the relationship between you and us, including these terms, unless expressly stated or contradicted.
We may use automated monitoring devices or technologies to protect our users from large volumes of unsolicited communications (also known as "spam") and/or other types of electronic communications that we believe are inconsistent with our business purposes. However, such equipment or technology is not perfect, and we will not be responsible for any legitimate communications that are blocked or any unsolicited communications that are not blocked.
Mailbox storage space may be limited. If you exceed the maximum storage space allowed, we may use automated devices to delete or block emails that exceed the limit. We will not be responsible for such deleted or blocked messages.
13. International Use
Although the Site is accessible worldwide, we make no representation that materials on the Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their initiative and are responsible for compliance with local laws. Any offer of any products, services, and/or information in connection with this site is void where prohibited.
14. Termination of Use
Upon termination or suspension, for any reason whatsoever, your right to use the services offered on the Site immediately terminates and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or disable further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other action taken by us in connection with such termination or suspension.
15. Applicable Law
This Site (excluding any Linked Sites) is controlled by us from our offices within the State of Illinois, USA. It can be accessed from all 50 states as well as from other countries/regions around the world. Because the laws of these locations may differ from the laws of the State of Illinois, by accessing this Site, we both agree that the statutes and laws of the State of Illinois, without regard to its principles of law and the United Nations Convention on the Conflict of International Sale of Goods, will apply to all matters relating to the use of this Site and the purchase of products and services offered through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Illinois concerning such matters.
All notices to one party shall be in writing and shall be given or sent by email or traditional mail. Notices to us must be sent by email to email@example.com (if sent by regular mail). Notices to you may be sent to the address you provide as part of your registration data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other important matters, and such broadcasts constitute notice to you at the time they are sent.
17. Entire Agreement
You agree not to sell, resell, reproduce, duplicate, reproduce or use for any commercial purpose any portion of the Site, or to use or access the Site.
Except for any excuses provided by applicable law, we will not be liable for any failure to deliver or delay in delivery of products and services offered through our site due to any event beyond our reasonable control, whether or not foreseeable by any party, including, but not limited to, labor disputes, war, fire, accident, inclement weather, inability to secure transportation, governmental action or regulation, and other causes or events beyond our reasonable control, whether or not similar to the events listed above.
19. Contact Information