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Legal - Terms Of Use

Terms Of Use

PLEASE READ THESE TERMS OF ACCESS AND USE CAREFULLY BEFORE USING THIS WEBSITE.

The following Terms of Access and Use (“Terms”) is a legal agreement (“Agreement”) between you and McKeon Products, Inc. (“McKeon”). By accessing, browsing and/or otherwise using this website (“Site”), you acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to all of these Terms, you may not further access or browse and/or use this Site. The content and operation of this Site is protected by law, including, but not limited to, United States copyright law and international treaties.

These Terms apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with McKeon for products, software, services or otherwise. If you violate or breach any of these Terms, your authorization to use this Site automatically terminates immediately. In addition, McKeon reserves the right to terminate this Agreement at any time and terminate or suspend your access to and use of the Site or any portion thereof, at any time, with or without cause. Upon termination of this Agreement, you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site. McKeon also reserves all of its other rights and remedies under these Terms or at law.

USE RESTRICTIONS

Copyright. All Site materials, including, without limitation, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of McKeon, ALL RIGHTS RESERVED, or by the original creator of the material. A limited license is granted to you to use this Site solely in accordance with these Terms and expressly conditioned upon your compliance with these Terms. As such, you may display, copy and distribute materials, and download materials, if available, on this Site for personal use or the promotion of McKeon products only (“Authorized Uses”), provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for any use other than an Authorized Use without the prior written permission of McKeon. You may not “mirror” any material contained on this Site on any other server without prior written permission from McKeon. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

Trademarks. The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of McKeon, except as otherwise noted by trademark attribution. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of McKeon, and may not be copied, imitated or used, in whole or in part, without the prior written permission of McKeon. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of McKeon or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of McKeon or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.

Hyperlinks. You are granted a limited, nonexclusive right to create a “hypertext” link to this Site provided that such link does not portray McKeon or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any McKeon trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without McKeon’s express written consent. Links to any third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. McKeon does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk. McKeon does not endorse or make any representations or warranties about third-party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. You acknowledge and agree that McKeon shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third-party sites advertising services or products.

Limited Access. Except as otherwise expressly permitted by McKeon, any access or attempt to access other areas of the McKeon computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the Web pages on the Site or the content contained therein without McKeon’s prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on McKeon’s IT infrastructure.  Without limiting the generality of these Terms, when using this Site you agree that you shall not and that you are prohibited from: (a) submitting, posting or transmitting to this Site any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (b) modifying, adapting, sublicensing, translating, selling, leasing, reverse engineering, decompiling or disassembling any portion of the Site (or offer to do any of the above); (c) removing any copyright, trademark, or other proprietary rights notices contained in the Site; (d) using any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or any of its content; or (e) harvesting, collecting or using information about visitors to or users of the Site without their express consent in each instance.  Furthermore, you agree that you shall not access or use the Site or the information contained thereon to conceive of, design, encourage, cooperate with, advise, develop, or operate any business venture in competition with McKeon or the Site.

Data Errors or Interruption. Because data flow over the internet is subject to error or may be interrupted, McKeon disclaims any responsibility for such error or interruption in the transmittal or posting information or materials in connection with your use of this Site.

Compliance with Law. You agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations relating to the use of this Site and its Products.

INDEMNIFICATION

You shall indemnify, defend and hold McKeon, and its officers, directors, employees, affiliates, agents and representatives, harmless from and against any and all causes of action, claims, damages, liabilities losses, costs, fees (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; and/or (b) your activities in connection with the Site.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ALL SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION, IS PROVIDED “AS IS,” “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MCKEON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY OF COMPUTER PROGRAMS, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. MCKEON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THIS SITE, THE USE, VALIDITY, ACCURACY, SECURITY OR RELIABILITY OF, OR THE RESULTS, SUITABILITY OR FUNCTIONALITY OF THE USE OF THE MATERIALS ON, OR SERVICES PROVIDED BY, THIS SITE OR ANY OTHER SITES LINKED TO THIS SITE. THE MATERIALS OF THIS SITE MAY BE OUT OF DATE, AND MCKEON MAKES NO COMMITMENT TO UPDATE THE MATERIALS ON THIS SITE. MCKEON DOES NOT AND CANNOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, AND YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, RISK TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, SOFTWARE OR DATA. MCKEON DOES NOT WARRANT THAT THIS SITE, SOFTWARE, MATERIALS, PRODUCTS, OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THIS SITE, SOFTWARE, MATERIALS OR SERVICES WILL BE CORRECTED.

LIMITATION OF LIABILITY

IN NO EVENT WILL MCKEON, ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT OR IN THIS SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION ARISING OUT OF RELATING TO OR RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, ANY WEB SITES LINKED TO THIS SITE, THE MATERIALS, SOFTWARE OR OTHER INFORMATION CONTAINED IN ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT MCKEON HAS BEEN ADVISED OF THE POSSIBILITY OF, OR SHOULD HAVE ANTICIPATED, SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.  IN NO EVENT WILL THE AGGREGATE LIABILITY FOR ANY AND ALL OF YOUR CLAIMS AGAINST MCKEON ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SITE EXCEED TWO HUNDRED AND FIFTY DOLLARS ($250).  CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

REVISIONS TO THIS AGREEMENT AND THE SITE

McKeon reserves the right at any time to: (i) add to, modify or otherwise change these Terms; (ii) add to, modify or otherwise change the Site, including without limitation eliminating or discontinuing any content or service provided on, or feature of, the Site; or (iii) charge for, or change the amount(s) of any fees or charges for, products or services offered for sale or otherwise made available on the Site. Be sure to review this Agreement periodically to ensure familiarity with the most current version of the Terms. In case of any material change, we will endeavor to change the "Last Update Date" in this privacy Policy and/or post a notice on the Site. Changes to these Terms are effective as of the stated "Last Updated Date" and your continued use of this site on or after the "Last Updated Date" will constitute acceptance of, and agreement to be bound by, those changes. Notwithstanding the provisions of this paragraph, McKeon makes no commitment to update the materials on this Site.

PRIVACY

McKeon’s policy with respect to the collection and use of your personal information (including without limitation any personal information you provide for purchasing purposes) is set forth in our Privacy Policy, incorporated into these Terms and made a part hereof by this reference. The Privacy Policy is found by clicking here.

LEGAL AGE

If you are an individual and use this site to purchase products or services, you represent that you are 18 years of age or older and have the unqualified right to use the payment method that you choose.

TERRITORIAL LIMITATION

McKeon makes no representation that the Site or its content are appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations other than from within the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any information, product or service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, information or product that we provide.

NOTICE OF COPYRIGHT INFRINGEMENT

McKeon respects the intellectual property rights of others. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide McKeon at info@macksearplugs.com with the following information: (a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available, so that McKeon may contact you if necessary; (d) a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate and a statement under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed, and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the information and statement.

APPLICABLE LAWS & MISCELLANEOUS

(i) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction of the federal and state courts located in the Eastern District of Michigan for any litigation or dispute arising out of or relating to these Terms or the Services or the Site, and, to the maximum extent permitted by law, waive every defense based upon improper venue, inconvenient venue or lack of jurisdiction. (ii) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. (iii) Waiver. McKeon’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in the past or future unless acknowledged and agreed to by McKeon in writing. (iv) Titles. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. (v) Assignment. This Agreement may be assigned in whole or in part by McKeon to an affiliate or successor. This Agreement may not be assigned in any manner by you without the express, prior written permission of McKeon and any such assignment or attempted assignment will be null and void. (vi) Entire Agreement. Except for any written agreement separately executed between us and relating to these Terms or the subject matter of this Agreement, this is the entire Agreement between us relating to these Terms and the subject matter herein and supersedes and any all prior or contemporaneous written or oral representations, warranties, communications or agreements between us.