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SWAGELOK.COM® LEGAL NOTICES AND TERMS & CONDITIONS
Legal Notices
Copyright® 2005-2006 Swagelok Company
All rights reserved.
This Web site has been established primarily for the benefit and use of Swagelok Company’s authorized sales and service centers, and their customers and potential customers.
The contents of all materials available in this World Wide Web site and underlying source files are copyrighted by Swagelok Company (“Swagelok”) unless otherwise indicated. Also, Swagelok owns many trademarks worldwide for our products. For a list, click here. Except as stated herein, no part of the materials available at Swagelok.com and its underlying source files may be copied, reproduced, translated or reduced to any electronic medium or machine-readable form, disseminated, published or transferred in any form or by any means except with the prior written permission of Swagelok.
At certain places in this site, links to other Internet addresses may be provided. Swagelok does not endorse, approve, guarantee or control these external sources in any manner whatsoever and you have the duty to review the terms, conditions and policies of any such external sites before use.
Terms And Conditions of Use
By viewing, using, downloading, or printing materials from Swagelok.com, you agree to abide by the Legal Notices and Terms & Conditions and Privacy Policy (collectively, “this Agreement”) established by Swagelok. If you choose not to abide by this Agreement, do not use Swagelok.com in any manner whatsoever.
You acknowledge and agree that: (1) Swagelok.com, including all Materials, is copyrighted and protected by worldwide copyright laws and treaties; and (2) you will comply with all copyright laws worldwide in your use of Swagelok.com and will prevent any unauthorized copying of the Materials. Except as expressly provided herein, you acknowledge and agree that Swagelok Company (“Swagelok”) does not grant any express or implied right to you regarding any patents, treaties, copyrights, trademarks or trade secret information owned by Swagelok Company.
Limited Personal License
Subject to the terms and conditions set forth in this Agreement, Swagelok grants you a non-exclusive, non-transferable, limited right to access, use and display Swagelok.com and the materials thereon on your own personal computer. You agree not to interrupt or attempt to interrupt the operation of Swagelok.com in any way.
Swagelok authorizes you to view, download and print the information ("Materials") at Swagelok.com only for your use. This authorization is not a grant of title in either the Materials or any copy of any type of Materials and is subject to the following: 1) you agree to keep intact, on all copies of the Materials downloaded or printed or otherwise used, all copyright and other proprietary notices contained in the Materials; 2) you agree not to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use the Materials for any public or commercial purpose; and 3) you agree not to transfer the Materials to any person unless you give him or her a complete copy of this Agreement.
Disclaimer and Limitation of Warranties
SWAGELOK.COM AND THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHIC ERRORS. SWAGELOK DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF SWAGELOK.COM, THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH SWAGELOK.COM OR INFORMATION THAT CAN BE ACCESSED THROUGH SWAGELOK.COM VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR OWN RISK. SWAGELOK RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF SWAGELOK.COM OR ITS MATERIALS. SWAGELOK MAY MAKE ANY OTHER CHANGES TO SWAGELOK.COM, THE MATERIALS AND THE PRODUCTS, PRODUCTS SERVICES OR SUGGESTED LIST PRICES DESCRIBED IN SWAGELOK.COM AT ANY TIME WITH OR WITHOUT NOTICE.
SWAGELOK.COM, THE INFORMATION AND MATERIALS ON SWAGELOK.COM, AND ANY SOFTWARE MADE AVAILABLE ON SWAGELOK.COM, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Damages
IN NO EVENT SHALL SWAGELOK OR ANY OF ITS SUBSIDIARIES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DAMAGES TO YOUR INFORMATION HANDLING SYSTEM(S)) THAT ARE RELATED TO THE USE OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF SWAGELOK.COM OR ANY LINKED WEB SITE, EVEN IF SWAGELOK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
International Users
Swagelok.com is controlled, operated and administered by Swagelok from its offices located in the United States of America. Swagelok makes no representation that materials at Swagelok.com are acceptable or available for use at other locations outside of the United States, and you acknowledge and agree that your use or access of Swagelok.com from locations where its contents are illegal is prohibited. You may not use Swagelok.com or the Materials in violation of U.S. export laws and regulations. If you access Swagelok.com from locations outside of the United States, you acknowledge and agree that you do so at your own risk and that it is your responsibility to comply with any and all foreign laws and regulations which exist outside of the United States.
Additional Terms and Conditions For Ordering Swagelok® Products through Authorized Sales and Service Centers
Swagelok does not sell Swagelok products to you. Your registration with an authorized sales and service center enables the placement of orders over the Internet with your selected authorized Swagelok sales and service center. You agree to abide by all additional terms and conditions displayed for processing the order with the authorized sales and service center as it may be updated from time to time. Only the authorized Swagelok sales and service center which you choose when placing an order for Swagelok products can sell products to you. All descriptions, quotations, proposals, offers, acknowledgments, acceptances and sales of Swagelok products are subject to, controlled by and shall be governed exclusively by the terms and conditions of sale provided to you by the authorized sales and service center you choose when placing an order for Swagelok products at the time of acceptance of your order.
The authorized sales and service center governs the pricing of all Swagelok products it offers to you. If a tax and/or Shipping and Handling charge is applicable, the authorized sales and service center will charge you.
If you use a credit card to place an order, you warrant and represent that you are either the owner of the credit card used to place the order or have full and legal authorization from the owner to use the credit card.
You will be notified via e-mail by the authorized sales and service center you choose when your order has been accepted, using the e-mail address you provide on the electronic order form.
Choice of Law & Venue
This Agreement constitutes the entire agreement between Swagelok and you with your use of Swagelok.com. If a court of competent jurisdiction finds any provision of the Agreement or any part thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of the Agreement shall continue in full force and effect.
You acknowledge and agree that this Agreement shall be governed by the laws of the State of Ohio. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of Swagelok.com shall be filed only in the Cuyahoga Court of Common Pleas, City of Cleveland, State of Ohio, or the United States District Court for the Northern District of Ohio, Eastern Division, located in Cleveland, Ohio, U.S.A. and you agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Changes
Swagelok reserves the right, at its sole discretion, to change, modify, add or remove portions of this Agreement in whole or in part, at any time. Changes in this Agreement are effective when notice of such change is posted. You agree and acknowledge that your continued use of Swagelok.com following the posting of any changes to this Agreement constitutes acceptance of those changes.
Swagelok may terminate, change, suspend or discontinue any aspect of Swagelok.com and the availability of any features of Swagelok.com, at anytime. Swagelok may also impose restrictions on use of certain features and services or restrict your access to parts or all of Swagelok.com without incurring any liability to you. Swagelok may terminate the authorization, rights and license given above, and upon such termination, you shall immediately destroy all Materials and copies of Swagelok.com.
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