Last Modified: February 18, 2022
ACCEPTANCE OF THE TERMS OF USE
These terms of use are entered into by and between You and Driver Industrial Safety (“Company,” “we,” or “us“). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use“), govern your access to and use of driverindustrial.com, including any content, functionality, and services offered on or through www.driverindustrialsafety.com (the “Website“).
This Website is offered and available to users who are of legal age and capacity to form a binding contract with the Company. If you are not of legal age, if you do not want to be bound by these Terms of Use and our privacy policy (“Privacy Policy”), which can be found here [·], you must not access or use Website.
By using the Website, you will also be subject to supplement terms, conditions, policies and other agreements, including but not limited to our Privacy Policy and Terms of Sale (the “Supplemental Terms”).
CHANGES TO THE TERMS OF USE
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes, unless applicable law requires your affirmative consent, in which case, your affirmative consent will mean you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree to any revised Terms of Use, you must discontinue using the Website. We may discontinue, temporarily or permanently the Website, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.
MODIFIED TERMS
The Company shall have the right at any time to change or modify these Terms of use, or any part thereof, or to impose new conditions, including, but not limited to, adding subscription features and access to Content and other electronic resources. Such changes, modifications, additions or deletions (collectively, “Modified Terms”) shall be effective immediately upon your affirmative consent, which we will require of you the next time you access the Website, unless the changes are of such a nature that only notice is required, in which case, the Modified Terms shall be effective immediately upon notice thereof and your continued use of the Website shall be deemed to constitute acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by posting on the Website.
CONSENT; CONDUCT
You affirm that (i) you are at least 18 years of age and/or are fully able and competent to enter into, and comply with, these Terms of Use or (ii) you are a parent or guardian giving us permission for a minor to use the Website. You shall use the Website for lawful purposes only. You shall not post or transmit through the Website any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which contains advertising or any solicitation with respect to products or services. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the Website will not be permitted.
The Website contains copyrighted Content, trademarks and other proprietary information, including, but not limited to, text, images, photos, video, graphics and other materials belong to the Company, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to it. Except as otherwise expressly permitted, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted.
You may not use, store, display, publish, transmit, distribute, modify, reproduce, create derivative works of any of downloaded shared Content, in whole or in part, otherwise as provided to you as part of the services by the Website.
You may not reverse engineer, decompile or disassemble the Website (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen and database scraping, spiders, robots, crawlers and any other automated activity in connection with the Website); provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information (or other information about users of the Website), including account names, from the Website, nor to use the communication systems provided by the Website, for any commercial solicitation purposes. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content. You may not frame any part of our Website, unless we specifically give you our express written consent to do so. You may not use, or attempt to use, the Website through any means not explicitly and intentionally made available, provided or intended with respect to the Website. You may not harvest information about users of the Website for any purpose. You may not use the Website in any manner that could damage, disable, overburden or impair the Website or that harms the Company, its service providers, suppliers or any other person.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THE WEBSITE; LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE OR THE WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR (i) ANY ERRORS, INACCURACIES, OMISSIONS OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, (ii) ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU OR (iii) FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
NEITHER THE COMPANY NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND THE COMPANY’S OR YOUR, AS APPLICABLE, REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES OR FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Website by you.
TERMINATION
The Company may terminate these Terms at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate any User’s access to the Website in the event of any conduct by such User that the Company, in its sole discretion, considers to be unacceptable or in the event of any breach by such User of these Terms or any other agreement referenced herein between the Company and such User.
MISCELLANEOUS
These Terms shall be construed in accordance with the laws of the State of New York, without regard to its conflicts of law rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
ACKNOWLEDGEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM AND AGREE TO BE BOUND BY THEM.
COPYRIGHT NOTICE
The Company, its logos and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the Website are the property of their respective owners. Any rights not expressly granted herein are reserved.
YOUR COMMENTS AND CONCERNS
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: sales@driverindustrial.com.