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By using this website, www.industrialcolor.com [www.globaledit.com] (the “Site”),
you are knowingly and willingly agreeing to be bound by these Terms of Use and understand
that these terms of use shall constitute a binding and enforceable contract between
you and Industrial Color, Inc. (“IC”). These “Terms of Use” set forth the terms
and conditions under which you may access and use the Site. If you do not agree
to these terms of use, you may not use this Site.
Modifications
IC may, in its sole discretion and at any time, modify these Terms of Use, in whole
or in part, by posting such modifications on the Site. Your continued use of the
Site following the posting of changes will operate as an acknowledgement of your
acceptance of the then current Terms of Use. The Terms of Use will include the date
IC last updated the Terms of Use.
Use Of The Site
You agree and acknowledge that the Site and the content, including, but not limited
to, graphics, text and other information provided on the Site (the “Site Content”),
is the sole and exclusive intellectual property of IC or is licensed by IC and shall
not be copied, reproduced, displayed, used, sold or otherwise distributed or modified
without the express prior written consent of IC. IC hereby grants you a license
to access and use the Site and the Site Content solely in accordance with the terms
and conditions of these Terms of Use. Subject to the above limitations, you may
print a single copy of limited portions of the Site Content solely for your personal,
non-commercial use.
If you are a registered user of GlobalEdit, you may log-in to your account by selecting
the www.globaledit.com, which will bring you to the GlobalEdit website. Your use
of the GlobalEdit website is governed by the “Terms of Use” found on the login page
of the GlobalEdit website and the “ASP Agreement” entered into by you to gain access
to the GlobalEdit website.
Indemnity
You agree to defend, indemnify and hold harmless IC, its subsidiaries, affiliates,
partners, employees, officers, directors, agents, licensors, licensees or content
providers (the “IC Indemnities”) from any claims, losses, damages, expenses, demands,
and costs (including without limitation reasonable attorneys fees), arising out
of or relating to your use of the Site.
Disclaimer
IC intends that the Website will be viewed by U.S. persons for informational purposes
only. This should not be viewed as a solicitation or offer of services in any jurisdiction
in which IC is not qualified to do business. It is provided for informational purposes
only.
Privacy
The Privacy Policy contains additional information about how your information (including
information that will not be publicly viewable) will and will not be used.
Representations & Warranties
- (a) Disclaimer of Warranties: THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. IC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IC MAKES NO WARRANTY THAT (i) THE
SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (ii) THE RESULTS OBTAINED
FROM THE SITE WILL BE ACCURATE OR RELIABLE, OR (iii) THE QUALITY OF ANY PRODUCTS,
SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED FROM OR OTHERWISE OBTAINED
THROUGH THE SITE IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM SUCH DOWNLOAD OR USE.
- (b) Limitation of Liability: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL
IC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, ADVISORS, LICENSORS, LICENSEES
OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE,
INCLUDING BUT NOT LIMITED TO RELIANCE ON INFORMATION OBTAINED ON THE SITE, MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR ELECTRONIC MAIL, LOSS OF OR DAMAGE
TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE
OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE,
THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE. YOU HEREBY ACKNOWLEDGE AND
AGREE THAT THIS PROVISION WILL APPLY WHETHER OR NOT IC IS GIVEN NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SITE CONTENT, MERCHANDISE
OR SERVICES THAT MAY BE AVAILABLE FROM TIME TO TIME FROM IC OR ITS SUBSIDIARIES
AND AFFILIATES. NOTWITHSTANDING THE FOREGOING, ANY LIABILITY RESULTING FROM YOUR
USE OF THE SITE SHALL BE LIMITED TO ONE HUNDRED DOLLARS, IN THE AGGREGATE FOR ALL
CLAIMS AGAINST IC AND IC INDEMNITIES.
- (c) Exclusions and Limitations: Some jurisdictions do not allow the exclusion of
certain warranties or the limitation or exclusion of liability for incidental or
consequential damages. Accordingly, some of the above limitations may not apply
to you. In any event, the foregoing limitations shall apply to the greatest extent
permitted by law.
Third Party Links
The Site may contain hyperlinks ("Links") to other websites, or advertising or sponsorships
operated by or referring to third parties and their goods and services ("Advertising").
Links and Advertising may be made available to assist the you, the user, in your
use of the Site. IC does not control such Links or Advertising. IC MAKES NO REPRESENTATION
OR WARRANTIES CONCERNING SUCH THIRD PARTY WEBSITES OR RESOURCES AND IS NOT RESPONSIBLE
FOR THE CONTENT OR OPERATION OF SUCH THIRD PARTY WEBSITES OR RESOURCES, AND SHALL
HAVE NO LIABILITY IN CONNECTION WITH THEM. Inclusion of such Links or Advertising
does not imply any endorsement by IC, including but not limited to opinions, statements,
information, individuals or entities referred to on such Links or Advertising or
any association with their operators. You are solely responsible for any charges
or obligations that you may incur in your dealings with such linked site operators
or advertisers. Linked sites or other web sites may also have a Link to this Site;
IC is not, and you agree that IC is not, responsible for the content of any such
web site or the actions of any operator of any such web site.
Warning Against Hackers
It is possible that other users or unauthorized "hackers" may post or transmit offensive
or obscene materials on the Website and that you may be involuntarily exposed to
such materials. It may also be possible for other users or "hackers" to obtain personal
information about you. By using the Website, you assume the risk of such occurrences.
Miscellaneous Terms
- (a) Governing Law. By accessing the Site, you agree that the laws of the State of
New York, without regard to principles or conflict of laws, will govern these Terms
of Use and any dispute of any sort that might arise between you and IC or its affiliates.
In addition, you agree to submit to the jurisdiction of the courts of the State
of New York, and that any action pursued concerning these Terms of Service or your
use of the Site shall be within the exclusive jurisdiction of the courts of the
State of New York.
- (b) Construction. If any provision of these Terms of Use is held by a court of competent
jurisdiction to be invalid or unenforceable, then such provision shall be enforced
to the maximum extent permissible so as to affect the intent of these Terms of Use,
and the remainder of these Terms of Use shall continue in full force and effect.
- (c) No Waiver. The failure by either you or IC to exercise or enforce any rights
or provisions of these Terms of Use shall not constitute a waiver of such right
or provision or any other provision of these Terms of Use.
- (d) Survival. All provisions in these Terms of Use regarding representations and
warranties, indemnification, disclaimers and limitations on liability shall survive
any termination of these Terms of Use.
- (e) Headings. The headings hereof are descriptive only and not to be used in interpreting
the provisions of these Terms of Use.
Contacting IC
You may contact us if you any questions about the Terms of Use, the practices of
this Site, or your dealings with the Site by sending an e-mail to
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