WEB SITE TERMS AND CONDITIONS OF USE
General
Attention: Please Read These Terms, Conditions And Legal Restrictions
Carefully Before Using This Web Site. By accessing, viewing, using,
or downloading materials from the Site, you agree to be legally bound
by these Terms of Use (the "Agreement") and all other terms,
conditions and notices contained or referenced in the Site. This Site
is owned and operated by the Company.
Definitions
"Company" means Jacobsen, A Textron Company.
"Site" means this web site or the web site of any one of
Jacobsen's subsidiaries or affiliated companies, as appropriate.
"Jacobsen" means Jacobsen, A Textron Company, and its subsidiaries
and affiliated companies.
1. Binding Agreement
Use of this Site is available only to those users who are in compliance
and agreement with these terms and conditions of use as well as the
other terms and conditions referenced elsewhere on this Site. Please
note that by accessing, viewing, using, or downloading materials from
the Site, you agree to be legally bound by all of the terms, conditions
and notices contained or referenced herein.
2. License and Site Access
Subject to these terms and conditions and all applicable laws and
regulations, the Company grants you a non-exclusive, non-transferable,
personal, limited license to download, access, view, use and display
this Site and the text, graphics, content, information, audio, video
and other services (the “Materials”), which the Company
makes available to you from time to time on the terms and conditions
set forth in this Agreement. This authorization is not a transfer
of title to the Site or the Materials contained herein, and any downloading,
modification, reproduction, copying or redistribution for commercial
purposes of any information or Materials or design elements of the
Site is strictly prohibited without the prior written consent of the
Company. Requests for permission to reproduce any information contained
on this Site should be addressed to the Company at website@textron.com.
Notwithstanding the above, the Company authorizes you to make one
(1) electronic or paper copy of the information posted on any page
of the Site, provided that the copy is used solely for non-commercial,
personal purposes, and further provided that any such copy remains
protected by all copyright, trademarks, Site marks, and other proprietary
notices and legends contained on the Site.
This license does not include the right to modify this Site, or any
portion of it, except with the express written consent of the Company.
Any resale or commercial use of this Site or its contents; any collection
and use of any product or service listings, descriptions, or prices;
any derivative use of this Site or its contents; any downloading or
copying of account information for the benefit of another merchant;
or any use of data mining, robots, or similar data gathering and extraction
rules is prohibited.
You agree to all additional restrictions displayed on the Site as
it may be updated from time to time. You agree to use this Site for
lawful purposes only, and shall not post or transmit any information
or material which in any way infringes or violates the rights of others
or which is unlawful, defamatory, threatening, invasive of privacy
or publicity, obscene, harassing or otherwise objectionable.
3. Ownership
You have no ownership rights in the Site or in the Materials. Rather,
you have a license to download, access, view, use and display this
Site and the Materials as long as this Agreement remains in full force
and effect. Unless otherwise noted, ownership of the Site and the
Materials and all intellectual property rights therein shall remain
at all times with the Company or their respective owners.
4. Your Account
If you are a registered user of this Site, you are responsible for
maintaining the confidentiality of your account and password. If you
use this Site, you are responsible for restricting access to your
computer, and you agree to accept responsibility for all activities
that occur under your account or password. The Company reserves the
right to refuse service, terminate accounts, or remove or edit content
in its sole discretion.
5. Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE
MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT,
OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW
FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF
IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES.
THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS
OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT
LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT
OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU
ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH
MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION
SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY
OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY,
AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL
COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING
ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS
FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE COMPANY
MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS,
PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY
TIME WITHOUT NOTICE.
6. Links to Third-Party Sites
The Company may provide on this Site, solely as a convenience to its
users, links to web sites operated by other entities. If you use these
sites, you will leave this Site. If you decide to visit any linked
site, you do so at your own risk and it is your responsibility to
take all protective measures to guard against viruses or other destructive
elements. The Company does not make any warranty or representation
regarding, or endorse or otherwise sponsor, any linked web sites or
the information appearing thereon or any of the products or services
described thereon. Links do not imply that the Company is affiliated
or associated with the linked site, or is legally authorized to use
any trademark, trade name, logo or copyright symbol displayed in or
accessible through the links; or that any linked site is affiliated
or associated with the Company or is authorized to use any trademark,
trade name, logo or copyright symbol of the Company.
7. Third-Party Content
Any information, statements, opinions, services or other information
provided by third parties and made available on this Site are those
of the respective author(s) and not the Company. Such information
and the like may be updated from time to time directly by the respective
authors. The disclaimer set forth above applies regardless of the
updating party.
7a. Deep Linking and Framing
You are prohibited from reproducing or “framing” pages
or content provided by the Company or its affiliates. You may link
to internal pages within this Site, provided that you do not copy
or frame the content found there.
8. Unsolicited Information Provided by You
The Company does not want you to, and you should not, send any confidential
or proprietary information to the Company through this Site unless
specifically requested by the Company. Please note that any unsolicited
information or material sent to the Company will be deemed not to
be confidential or proprietary. By submitting information and material
to this Site, you grant to the Company (or warrant that the owner
of such information and material has expressly granted to the Company)
a royalty-free, perpetual, irrevocable, unrestricted, right and license
to use, reproduce, display, perform, modify, adapt, publish, translate,
transmit and distribute or otherwise make available to others such
information and material (in whole or in part and for any purpose)
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or hereafter developed. You also agree that
the Company is free to use any ideas, concepts, know-how or techniques
that you send to either of them for any purpose.
The Company does not want to receive, and you are deemed to agree
through the use of this Site not to provide, any information or materials
to the Company that are defamatory, threatening, obscene, harassing,
in violation of any law, governmental requirements or otherwise unlawful,
or that incorporate the proprietary information or materials of another
person or entity. If you provide any such information, it is agreed
that you are solely responsible and liable for any damages or other
harm resulting from such submission.
You shall not upload, post or otherwise make available on this Site
any information and material protected by copyright, trademark or
other proprietary right without the express written permission of
the owner of such right(s). You shall be solely liable for any damages
resulting from any infringement of copyright, proprietary rights,
or any other harm resulting from such a submission.
9. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users
to do the same. To the extent that you have provided any work and
if you believe that your work has been copied and is accessible on
this Site in a way that constitutes copyright infringement, please
provide the Copyright Agent (as identified below) 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 the Company may contact you if necessary;
(d) a statement that you have a good faith belief that 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, under penalty of perjury, that the signatory is authorized to
act on behalf of the owner of an exclusive copyright right 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 statement.
The Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached at website@textron.com.
If the Company is notified of any claims of copyright infringement
on the Site, it may investigate the allegation and determine in good
faith and at its sole discretion whether to remove or request the
removal of the work or material. The Company has no liability or responsibility
to users for performance or nonperformance of such activities.
10. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED
WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED
IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM
THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER
THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION
OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR
THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED
TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES
(INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A
FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER
BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY
ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
The obligations and responsibilities of the Company regarding its
respective products and services, if any, are governed solely by the
terms and conditions of sale or license under which such products
and services are sold or licensed. Copies of such terms and conditions
are available directly from the Company.
11. Changes
All content contained herein is subject to change without notice,
but the Company has no responsibility to update any information on
this Site. The Company reserves the right to change or modify the
terms and conditions applicable to the use of this Site at any time.
Such changes, modifications, additions, or deletions to the terms
and conditions of use shall be effective immediately upon notice thereof,
which may be given by any means including, but not limited to, posting
new terms and conditions on the Site. Any use of the Site after such
change or modification shall be deemed to constitute acceptance by
you of such changes, modifications, additions, or deletions. Because
they will be binding on you, you should revisit these terms from time
to time. The Company may terminate, change, suspend or discontinue
any aspect of the Site, including the availability of any features
of the Site, at any time. The Company may also impose limits on certain
features and services or restrict your access to parts of the Site
without notice or liability.
12. Termination
This Agreement and the licenses granted herein will terminate automatically
and without notice if you fail to comply with any term or condition
of this Agreement; provided, however, that all provisions relating
to disclaimers, limitation of liability, copyright, trademarks and
other proprietary rights of the Company shall survive the termination
of this Agreement.
13. International Users and Export Restrictions
This Site is administered by Company from its offices (within the
United States of America.) The Company does not make any representation
that all products, services or programs, if any, are available in
your country or that materials published at this Site are appropriate
or legally available for use at locations outside of the United States.
Access to such materials from territories where their contents are
illegal is prohibited. You may not use the Site or transfer, download
or use any information or materials in violation of U. S. laws and
regulations, including those relating to export controls. This Agreement
is expressly made subject to any laws, regulations, orders, or other
restrictions on the export from the United States of the Materials
or information about the Materials that may be imposed from time to
time by the government of the United States. You shall not export
the Materials or information about the Materials without the consent
of the Company and compliance with such laws, regulations, orders
or other restrictions. If you access the Site from a location outside
of the United States, you are responsible for compliance with all
local laws. By your use of this Site, you represent and warrant to
the Company that you are in compliance with all laws applicable to
your use of this Site.
14. Choice of Law and Forum
These terms and conditions of use and any dispute between you and
the Company arising out of or related to this Agreement or your use
of this Site (the “Disputes”) shall be construed, interpreted
and governed by the laws of the State of Delaware, U.S.A., without
giving effect to its conflict of laws provisions. The state and federal
courts located in [county, Delaware] shall have exclusive jurisdiction
and be the exclusive venue for the Disputes and you consent to the
personal and exclusive jurisdiction and venue of these courts in connection
with the Disputes. You must commence any claim or cause of action
that you may have with respect to the Disputes by filing only in these
courts within one (1) year after the claim or cause of action arises.
15. Entire Agreement
These terms and conditions shall constitute the entire agreement between
the Company and you and supersedes any previous oral, written or electronic
communications or documents with respect to the subject matter herein.
If any part of this Agreement is found invalid or unenforceable by
a court of competent jurisdiction, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of the
parties, and the remainder of this Agreement shall continue in full
force and effect.
16. Copyright
This Site, including all information and Materials contained in it,
are copyrighted and protected by worldwide copyright, trademark and
other laws and treaty provisions. You agree to comply with all copyright,
trademark and other laws worldwide in your use of this Site and to
prevent any copying, reproduction, modification, distribution, displaying,
performing or transmission in violation thereof or of these terms
and conditions. Except as expressly provided in these terms and conditions,
the Company does not grant any express or implied license or third
party right to you under any patents, trademarks, copyrights or trade
secret information of the Company or of any third party.
17. Copyright Notice
All Web Site design, text, graphics and the selection and arrangement
thereof, are the property of the Company.
18. Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade
names, Site marks, logos, product packaging and designs of the Company
or third party products or web sites (“Company Marks”),
whether or not appearing in large print or with the trademark symbol,
belong exclusively to the Company or their respective owners and are
protected under national and international trademark and copyright
laws. Users are not permitted to use the Company Marks without the
prior express written consent of the owner of such mark.
19. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any
of the rights or licenses granted under this Agreement. Any attempted
transfer in violation of the foregoing is void.
You can direct any questions
concerning these Terms and Conditions of Use to:
Jacobsen, A Textron Company
11108 Quality Drive
Charlotte, NC 28273
ATTN.: Legal