Effective as of 12/5/16
Permitted Uses; Limited License
Representations by You
License Granted by You
Some portions of our Website may permit you to upload files, information, photographs or other materials or to post product reviews or make product suggestions. In consideration of your access to this Website, you agree that by providing such files, information, photographs or other materials, or posting product reviews or making product suggestions on this Website (collectively the “Content and Materials”), including by submitting or uploading Content and Materials for use on the Website, you represent and warrant that you or the owner of all rights to such Content and Materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the Content and Materials provided by you. These rights include, but are not limited to the rights to: reproduce, copy, modify, create derivatives in whole or in part, or otherwise use the Content and Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic magnetic, digital, laser or optical-based media (the “Works”) for any purpose whatsoever, and to use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.
Registration of account
You may sign up and register for an account on our Website in order to receive emails related to certain products and services offered by us and our affiliates. You can unsubscribe from our emails at any time by clicking on the “Unsubscribe” link contained in each email to you or by sending an opt-out message to us with “Unsubscribe” in the reference line us at the following email address: [email protected] By registering an account with us, you represent and agree that: (a) the information you submit is truthful and correct; and (b) you will maintain the accuracy of such information at all times during the term of your account. When you sign up for an account, you will also be asked to choose a login name and password. You are entirely responsible for maintaining the security of your password. The use of a password does not restrict access by us and our internet service providers to the password-protected information. For security reasons, you should keep your login name and password confidential and not disclose them to any person or permit any other person to use them. You are solely responsible and liable for any use and misuse of your login name and password by you or any third party and for all activities that occur under your login name and password. You should notify us immediately if you suspect any unauthorized use of your account or access to your password. You may terminate your account at any time, for any reason and, similarly, we may terminate your account at any time, for any reason or no reason, without notice to you.
Ordering Products Through the Website
- (a) Any order you place for any product for sale on this Website shall be confirmed when you click on the "Submit" button on the checkout screen. You are responsible for ensuring the accuracy of your order. We may refuse to accept your order for any reason, in our sole and absolute discretion, in which case you will be notified as soon as practicable that your order has been declined.
- (b) We do not promise that any of the products offered for sale on this Website are necessarily available. Therefore, all products offered for sale on this Website are subject to availability.
- (c) The purchase price of the products shall be the price listed on the Website at the time your order is confirmed, exclusive of any sales tax. In addition to the price, you may be required to pay shipping or delivery charges for the products. We reserve the right to change the product prices listed our Website at any time. We do not provide price protection or any refunds in the event of a price drop or promotional offering.
- (d) All confirmed orders are deemed final at the time that you click the “Submit”button on the checkout screen to place an order for any product. You may notcancel your order of any product for any reason after it becomes final. Notwithstandingthe foregoing, in the event that a product becomes unavailable following the acceptance of your order but prior to delivery, your sole remedy shall be a refund of the purchase price paid for the unavailable product from the party to whom the payment was made.
- (e) In the event that the Website mistakenly lists a product at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been finalized and/or charged to your credit card. If your credit card has already been charged for the purchase and your order is cancelled, a credit shall be issued to your credit card or debit card account for the amount charged.
Copyright and Trademarks
The entire contents of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of ACME UNITED CORPORATION. All rights in the copyright for the collective work are reserved to ACME UNITED CORPORATION. The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless specifically authorized by us in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
All of our trademarks, service marks and trade names used in the Website, (including but not limited to ACME UNITED CORPORATION name and logo, WESTCOTT name and logo, PHYSICIANSCARE name and logo, CLAUSS name and logo, CAMILLUS name and logo, FIRSTAIDONLY name and logo, CUDA name and logo, PAC-KIT name and logo, EFIRSTAID name and logo, DIAMOND MACHINING TECHNOLOGY name and logo) are trademarks or registered trademarks of ACME UNITED CORPORATION.
Digital Millennium Copyright Act
If you are notifying us of alleged copyright infringement, please be sure to provide the following information required by 17 U.S.C. Section 512:
- A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
- A description of the allegedly infringing material and information sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
- A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
You should provide notice of any alleged copyright infringement to: Copyright Agent c/o ACME UNITED CORPORATION, 55 Walls Drive, Fairfield, CT 06824.
We have the right to remove any alleged copyrighted material from our Website in response to any notice in our sole discretion.
YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACME UNITED CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACME UNITED CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACME UNITED CORPORATION DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ACME UNITED CORPORATION, OR OUR SUBSIDIARIES AND AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE MATERIALS ON THIS
WEBSITE, THE PERFORMANCE OF THE PRODUCTS OR THE ACCURACY OF INFORMATION AVAILABLE THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ACME UNITED CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY LAW.
Delivery of Notice
We may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to us.
Choice of Law; Jurisdiction and Venue
Your use of this Website shall be governed in all respects by the laws of the State of Connecticut, U.S.A., without regard to principles of conflicts of laws. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Fairfield County, Connecticut. You further agree and irrevocably consent to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.
Limitation on Period to Bring Claims
Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.
Assignment and Delegation of Rights
Misuse of Website
You agree to indemnify, defend, and hold harmless ACME UNITED CORPORATION, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account and/or your use of or access to this Website (including any negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.
This Website may link to websites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked Websites, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of our own. These linked Websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of this Website and the links placed upon it and therefore we request any feedback on not only this Website, but on any other websites it links to as well (including if a specific link does not work).
You may be able to download software through links on this Website to the websites of third-party software providers, for the use or enhancement of the features on this Website. Your downloading and use of the software will be governed by the user license agreement and/or other agreements for such software. We will not be responsible to you or to any third party for any damages sustained as a result of your downloading or use of such third-party software. You download or use such software at your own risk.
This Website may not be in compliance with statutes in other locations outside of the United States of America. If you choose to use or access the Website from any international locations, you are responsible for compliance with all applicable local laws.
Successors and Assigns