1. INTRODUCTION AND ACCEPTANCE
These “Terms” apply to the Website controlled by Interlake Mecalux, Inc. or its affiliated entities (sometimes referred to as “Interlake Mecalux,” “interlakemecalux.com,” “us,” “we,” or “our”) where these Terms are posted (“Website”), whether accessed via personal computers, mobile devices or otherwise (collectively, (“Access Device”)).
CAREFULLY READ THESE TERMS BEFORE USING THE WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE TERMS REQUIRE YOU TO GRANT US CERTAIN CONSENTS, RIGHTS AND LICENSES AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. BY USING THE WEBSITE, YOU EXPRESSLY AGREE TO THESE TERMS. DO NOT USE THE WEBSITE OR PURCHASE OUR PRODUCTS OR SERVICES AVAILABLE VIA THE WEBSITE IF YOU DO NOT AGREE TO THESE TERMS.
2. INTELLECTUAL PROPERTY
The trademarks, trade names, trade dress, logos, and service marks (collectively, the "Trademarks") displayed on this Website are the registered and/or unregistered Trademarks of Interlake Mecalux, or such other third party that may own the displayed Trademarks. Nothing contained on this Website or in the Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Website without the express written permission of Interlake Mecalux or such other third party that may own the displayed Trademarks.
Website Contents and Copyright.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (“Content”) are all subject to patent, copyright, trademark and other intellectual property protection. You may not reproduce, distribute, publicly display, publicly perform, create derivative works, publish, transmit Content or any element of the Website, except as permitted by these Terms. Content may not be copied for commercial use or redistribution, nor may Content be reposted to other websites. You may download, copy or print the Content of this Website for your own personal non-commercial use only. No right, title or interest in any of the Content of this Website is transferred to you as a result of any viewing, downloading, copying, printing or otherwise using of this Website. All rights not expressly granted to you by these Terms are reserved.
3. WEB SITE ACCESS, CONTENT AND PROHIBITED USES
Access to and uses of this Website are solely for your purchase of Interlake Mecalux products for personal use, access to Interlake Mecalux publications, information, and communication with Interlake Mecalux. You may not circumvent, disable or otherwise interfere with security-related features of the Website, including, without limitation, any features that prevent or restrict use or copying of any content or enforce limitations on the use of the Website or Website Content.
Interlake Mecalux reserves the right to update the contents of its webpage; to delete, limit and prevent access temporarily or definitively, and equally reserves the right to modify at any time the presentation, configuration and location of the Website and conditions and requirements for access. Interlake Mecalux cannot and does not guarantee the availability or the continual functioning of the Internet and other websites where a link is established.
You may not rely on any information and or materials expressed on the Website for any other purpose than permitted by these Terms. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Website Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Website Content.
You are prohibited from using the Website or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, spoof, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this Website, other websites, or the Internet. We reserve the right to terminate your account or otherwise deny you access to the Website in our sole discretion for any or no reason without notice and without liability.
4. CONDITIONS FOR THIRD-PARTY LINKING TO WEB SITE
In limited circumstances, we may permit third-party links to the Website from any website that is not commercially competitive with the Website and does not criticize or otherwise injure us, so long as the website where the link resides, and all other locations to which such website links, comply with all applicable laws. All of our rights and remedies are expressly reserved. Notwithstanding anything to the contrary contained in these Terms or we reserve the right to prohibit linking to the Website for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
Although third-party links may be posted on this Website, the posting of those links or associated content does not constitute Interlake Mecalux’s endorsement of such material. Similarly, although third-party products and services may be sold or purchased via links on this Website, the sale and purchase of those products and services does not constitute Interlake Mecalux’s endorsement of the same. Interlake Mecalux is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, direct, indirect, incidental, consequential or punitive damages, personal injury, or wrongful death in connection with third-party websites, content, or products and services.
The websites associated with third-party links on this Website may be located in different countries, and those websites and the products or services offered on those websites are likely to be subject to the hosting country’s regulatory or product requirements. Please review carefully the third party's terms and conditions, policies and practices, and make sure you understand them before you engage in any such third-party transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.
5. USER REGISTRATION
In order to access or use some (or potentially all) of the features of the Website, you may have to affirmatively opt-in, and remain opted-in as a registered user to use such features. If you are under the age of eighteen (18), then you are not permitted to register as a user or otherwise submit personal information to Interlake Mecalux via this Website.
Under these Terms, you agree to: (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) maintain and promptly update your account information; (d) maintain the security of your account by not sharing your username or password with others and restricting access to your account and your Access Device; (e) promptly notify us if you discover or otherwise suspect any security breaches relating to your account or the Website at: email@example.com; (f) not sell, transfer or assign your username and password; and (g) accept sole responsibility for all activities that occur under your username and password, whether or not you have authorized the activity.
6. USER CONTENT AND PERSONAL INFORMATIONYour use and registration with the Website constitutes a grant to Interlake Mecalux of the right of unlimited use of user comments, company information, and to verify correctness of registration and services requirements, and Interlake Mecalux may print, publish, broadcast and use, worldwide, in any media now known or hereafter discovered and at any time, such company information or personal information such as your name, address, picture, voice, likeness and/or biographical information for compliance and promotional purposes without additional compensation and without additional consent.
The rights granted by us may be terminated, revoked or rescinded and are subject to reversion. If you become aware that user content you have submitted includes any material for which you lack the unrestricted right to grant us the rights set forth above without obligations or liability to any party, you agree to promptly provide us with detailed written notice thereof to: Interlake Mecalux: firstname.lastname@example.org.
7. DATA ANALYTICS
You can set preferences for how data analytics or website optimization services, such as Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
YOU AGREE TO INDEMNIFY AND HOLD INTERLAKE MECALUX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR BREACH OF THESE TERMS. YOU AGREE TO COOPERATE FULLY WITH US IN THE DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS UNDER THESE TERMS.
9. COOKIE AND TRACKING TECHNOLOGY NOTICE AND DISCLAIMERS
THE WEBSITE AND CONTENT PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS” AND “WITH ALL FAULTS.” INTERLAKE MECALUX MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, CONTENT ACCURACY, APPROPRIATENESS, AVAILABILITY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE WEBSITE OR CONTENT, OR PERFORMANCE OF THIS WEBSITE, THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, TITLE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, OR FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OUR WEBSITE OR ACCESSED THROUGH THE WEBSITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE WEBSITE, AND INTERLAKE MECALUX MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS WEBSITE IS COMPATIBLE WITH YOUR ACCESS DEVICE OR FREE FROM ERROR OR VIRUSES. NO INTERLAKE MECALUX EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW; INTERLAKE MECALUX DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE AND ITS CONTENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
10. LIMITATION ON LIABILITY
YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE: (1) THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE; AND (3) THAT INTERLAKE MECALUX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO PROPERTY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, CLASS ACTION, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF INTERLAKE MECALUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE, THESE TERMS OR APPLICABLE ADDITIONAL TERMS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. FAILURE TO BRING THE CLAIM OR CAUSE OF ACTION WITHIN THE ONE (1) YEAR PERIOD SHALL RESULT IN THE CLAIM OR CAUSE OF ACTION BEING PERMANENTLY BARRED.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, INTERLAKE MECALUX, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’, BUSINESS PARTNERS’ LICENSORS’ AND SUPPLIERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN ANY CASE, INTERLAKE MECALUX, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, BUSINESS PARTNERS AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD-PARTY IN THE EVENT THAT UNAUTHORIZED THIRD-PARTIES CARRY OUT BY ANY MEANS THE REPRODUCTION, MODIFICATION, COPYING, USE, DISTRIBUTION, SALE, PUBLIC COMMUNICATION OR ANY OTHER USE OF IMAGES OR AUDIO-VISUAL PRODUCTIONS OF THEIR CLIENTS AND OF ITS INTELLECTUAL PROPERTY THAT MAY APPEAR ON THE WEBSITE.
We reserve the right in our sole discretion and at any time to terminate or suspend your registration or block your access to the Website for any reason, including, without limitation, if you have failed to comply with the letter and spirit of these Terms. You agree that Interlake Mecalux shall not be liable to you or any third party for any termination or suspension of your registration or for blocking your access to the Website.
If you become a registered user, you may terminate your registration at any time by sending an e-mail to email@example.com.
Any suspension or termination shall not affect your obligations under these Terms. The provisions of these Terms which by their nature should survive the suspension or termination of your account or these Terms shall survive, including, without limitation, the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all of the miscellaneous provisions. Upon suspension or termination of your Account, you will immediately discontinue use of the Website Content and destroy any copies of Website Content in your possession, including deleting any downloaded Website Content from your Access Device.
12. COPYRIGHT DISPUTE POLICY
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Website. Our copyright agent is Interlake Mecalux’s Legal Department (firstname.lastname@example.org).
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
- The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; and
- The following statement: “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
- Interlake Mecalux will remove or disable access to the content that is alleged to be infringing;
- Interlake Mecalux will forward the written notification to the alleged infringer; and
- Interlake Mecalux will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from Interlake Mecalux, the alleged infringer will have the opportunity to respond to Interlake Mecalux with a counter notification (“Counter Notification”). To be effective, a Counter Notification must be a written communication provided to Interlake Mecalux’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- The following statement: “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which Interlake Mecalux may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
13. CHOICE OF LAW; JURISDICTION AND VENUE
These Terms shall be construed in accordance with the laws of the State of Illinois without regard to its conflict of laws rules. Any legal proceedings against Interlake Mecalux that may arise out of, relate to, or be in any way connected with our Website, these Terms shall be brought exclusively in the state and federal courts located in Cook County Illinois and you waive any jurisdictional, venue, or inconvenient forum objections to such courts.
14. AMENDMENT AND ADDITIONAL TERMS
We reserve the right to modify, change, or add terms, or features of the Website at any time, and at our sole discretion. Any additional Terms related to the Website that we may provide to you will be incorporated by reference into these Terms and will become effective from the date they are posted on the Website. To the extent any Additional Terms conflict with these Terms, the Additional Terms will control.
Events Beyond Our Control.You expressly release Interlake Mecalux from any claim of harm resulting from a cause beyond our control, including, without limitation, failure of electronic or mechanical equipment or communication lines, Access Devices, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars or governmental restrictions.
Consent to Electronic Communications.
By registering via this Website or by sending e-mails or text messages to us, you are communicating with us electronically. And in doing so, you consent to receive communications from us electronically, whether by email, sms or mms messaging, voice or facsimile. We will communicate with you by e-mail, text message, facsimile, or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Entire Agreement and Conflicting Terms.
No Assignment or Third Party Beneficiaries.
These Terms may not be assigned by you to anyone. No provision of this Agreement is intended to create, or creates, any rights in or benefits to any third party.