1. WELCOME. Welcome to the metalbellows.com website (the “Website”), which is provided by Senior Aerospace Metal Bellows Division (“Metal Bellows”, “the Company”, “we,” “us,” “our”). This statement discloses the terms and conditions of use relating to you (or “user”) or your use of, the Website (“Terms of Use”). Your continued use of our Website indicates that you have read, understand and agree to the Terms of Use contained herein. If you do not wish to accept these terms, you may not obtain services from this Website.
2. ENTIRE AGREEMENT. By using this Website or linking to the Website, you are entering into an agreement with Metal Bellows. At all times, you are bound by the then-current version of these Terms of Use and all applicable laws. Metal Bellows highly recommends that you review these Terms of Use from time to time to ensure that you are familiar with the most recent version. We reserve the right in our sole discretion to modify, alter, or otherwise change these Terms of Use or portion thereof at any time, without notice to you, although changes will be posted on the Website. These Terms of Use, together with our Privacy Policy, constitutes the entire agreement between you and Metal Bellows relating to your use of the Website. If any portion of these Terms of Use is unlawful, invalid, or unenforceable, then such portion of these Terms of Use shall be deemed severed from the Terms of Use and shall not affect the validity or enforceability of the remainder of these Terms of Use.
3. OWNERSHIP. The Website and the content, and all intellectual property rights included in or associated with the Website, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Website and Content remains with us. Except as ordinarily occurs when a Website is downloaded to your computer in the normal course of viewing such Website, Content may not be copied, distributed, re-published, uploaded, posted, modified, reverse-engineered, or transmitted in any manner inconsistent with these Terms of Use. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such Content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or in the Content.
4. DISCLAIMER OF WARRANTIES. YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR USE AND ENJOYMENT OF THE WEBSITE OR AGAINST INFRINGEMENT. We also do not guarantee continuous, uninterrupted or secure access to the Website, that defects will be corrected, or that the Website or the servers that make it available are free of viruses or other harmful components.
5. LIMITATION OF LIABILITY. We shall not be responsible for any loss or injury whatsoever due to content or information published through this Website. The Website may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS OF USE EXCEED $50. Any claims or actions brought by you against us hereunder shall be brought within six (6) months of the event out of which such claim or action arose.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
6. TERMINATION. We may, in our sole discretion and at any time, discontinue the Website, either in part or in whole, or your access to the Website, with or without notice. You agree that any termination of your access to the Website may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
7. LINKING AND THIRD-PARTY CONTENT. The Website may contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Website may contain news and information published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers.
8. LAWS AND REGULATIONS. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and (ii) release of information to and retrieval of information from the Website. To the extent that any applicable taxes apply to your use of the Website, you are responsible for the payment of such taxes. We reserve the right to report any wrongdoing, if and when we become aware of it, and disclose any information contained in the Website, as applicable, to any applicable government agencies.
9. INDEMNIFICATION. You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Website; (ii) your breach of any provision of these Terms of Use; and/or (iii) any intentional wrongdoing by you.
10. CONTACT. If you have any problems, questions or complaints about these Terms of Use or the Website, please contact Customer Service by email at [marketing@metalbellows.com].
11. MISCELLANEOUS. Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. You agree that it is fair and reasonable for the validity and construction of these Terms of Use to be, and it shall be, governed by the laws and court decisions of the Commonwealth of Massachusetts, without giving effect to its principles of conflicts of laws. To the extent that such courts are courts of competent jurisdiction, for the purpose of venue, any complaint brought by you shall be made in the United States District Court for the District of Massachusetts only, and shall not be transferred to any other court. You hereby waive any objection which you may now have or will have to the laying of venue of any claims in any forum and further irrevocably submit to such jurisdiction in any suit, action or proceeding.
Posted 12/20/2008
Last Updated 12/15/2008