Please read these terms and conditions of use carefully before using this site.
Binding Agreement
By accessing this Website, you agree that these Terms and Conditions form a binding and enforceable agreement between you and DSC Consumables, Inc. If you do not wish to be bound by these Terms and Conditions, do not use this Website. DSC Consumables reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
No Warranties
You acknowledge that the information on this Website is provided “as is” for general information only. DSC Consumables, Inc. does not make and hereby disclaim any warranties or representations, express or implied, of any kind regarding this website, the products sold or the information in it, including but not limited to any warranty of accuracy, completeness, currency, reliability, merchantability or fitness for a particular purpose, any implied warranty arising from course of performance, or warranty that these pages, or the server that makes them available, are free of viruses or other harmful elements. DSC Consumables reserves the right to change or discontinue at any time any aspect or feature of this website. Some features on this site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify DSC Consumables immediately. DSC Consumables will assume that any communications and/or purchase requests that we receive under your password have been made by you unless DSC Consumables receives notice otherwise.
Exclusion of Liability
In no event shall DSC Consumables, their Licensors, suppliers or any third parties mentioned on this website be liable for any damages (including, without limitation, direct, indirect, punitive, general, incidental, special or consequential damages, claims for personal injury, wrongful death or lost profits, or damages resulting from the delay, failure, interruption, or corruption of any data or due to any business interruption) arising out of or in any way connected with your use or inability to use this website or the content, whether based in contract, tort, strict liability or otherwise, and whether or not DSC Consumables is advised of or made aware the possibility of such damages.
You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of DSC Consumables and its suppliers. Accordingly, DSC Consumables assume no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.
Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of this site. You agree and acknowledge that any information you send or receive during your use of this site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of this site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither DSC Consumables nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use this site, or for any information, products or services advertised in or obtained through the site, geas removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if DSC Consumables, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure or performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorized access to, alteration of, loss of use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither DSC Consumables nor its suppliers shall be liable for any defamation, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or dispute with DSC Consumables is to discontinue your use of this site. You and DSC Consumables agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
By purchasing products and/or services directly from DSC Consumables, you are agreeing that DSC Consumables liability will be limited to the actual cost of the goods and/or services purchased. DSC Consumables will not be held liable for death or personal injury caused by its negligence, defects or imperfections or incompatibility in the products and/or services it provides, or that of its employees. Subject to the above, DSC Consumables shall not be liable for any damages, including indirect or consequential losses, loss of profits or data, equipment damage or business interruption, arising from your use or inability to use this website, or your use of the information on this website, the products or services sold, whether arising in contract, tort (including negligence) or otherwise, without recourse.
Copyright, Trademark and other Proprietary Rights
The Content consists of copyrighted works proprietary to DSC Consumables, their licensors or suppliers. You may download and print a single copy of the Content solely for your personal, non-commercial use. Any Content you download or print may not be altered in any way and must contain the following copyrighted notice: “Copyright © 2011 DSC Consumables, Inc. All Rights Reserved” and all other copyright and proprietary rights notices which were contained in such Content. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible DSC Consumables materials not expressly granted herein are expressly reserved to DSC Consumables. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
Nothing on this Website shall be construed as granting, by implication, estopple or otherwise, any license or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. DSC Consumables trademarks may not be used in connection with any product or service that is not associated or affiliated with DSC Consumable, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits DSC Consumables or the trademark.
Jurisdiction, Applicable Law and Venue
By accessing this Website, you and DSC Consumables agree that the statutes and laws of the State of Minnesota, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where preempted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and DSC Consumables also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Minnesota, with respect to such matters. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.
The laws of the State of Minnesota govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the County of Mower for any action arising out of or relating to these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Minnesota and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.
Survival
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, Subscriber Agreement, and Complete Agreement.
Waiver
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
Indemnification
You agree to indemnify, defend and hold harmless DSC Consumables and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. DSC Consumables reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case; you agree to cooperate with DSC Consumables in the defense of such matter.
Disclaimers
Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. DSC Consumables disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness or usefulness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing; that access to the site will be uninterrupted or error-free; that the site will be secure; that the site or server that makes the site available will be virus-free; or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information, whether oral or written, obtained by you from DSC Consumables or through this site shall create any warranty of any kind. DSC Consumables does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, without recourse.
Changes to These Terms of Use
DSC Consumables reserves the rights, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time, by posting revised terms on the site. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of the site after any changes to the Terms of Use or other policies means you accept the changes. In the event we make material changes to the Terms of Use, notice of the changes will be posted on the homepage of this Web site and the revised terms will take effect thirty days after their publication on the site.
Entire Agreement and Admissibility
This agreement and any policies or operating rules posted on this site constitute the entire agreement and understanding between you and DSC Consumables with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability
If any provision of this agreement is found to be invalid, unlawful, void or unenforceable by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
