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Terms of Use

The effective date of this Agreement is July 26, 2010.

By accessing or using any features of the site, including the purchase of products and services on the site located at http://innovativesealingsolutions.mybigcommerce.com/ operated and managed by Innovative Sealing Solutions, Inc, ISSI, you agree to be bound by these terms of service (collectively, “Terms of Service”). All visitors to and users of any aspects of the ISSI Site (collectively, “Users”) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these terms of service carefully each time you use this Web site.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with ISSI may vary from these Terms of Use.

As a User of the ISSI Site, you may, from time to time, post content and share it with other users, read content generated by other visitors to the ISSI and other affiliated sites, and view third party postings and reviews regarding products and services. If you wish to post content to, or participate in the ISSI Site other than simply by reading product information and content and reviews posted by others, you must register using the registration form available by clicking the “register” link near the top of any page: http://innovativesealingsolutions.mybigcommerce.com/

These Terms of Use set out the legally binding terms with respect to your use of the ISSI Site. Please read these Terms of Use carefully. Your access to and use of the ISSI Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Service, you should not access or use the ISSI Site.

Eligibility

The ISSI Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the ISSI Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the ISSI Site. In the event we become aware you are under 18, we will terminate your registration.

Changes to the Innovative Sealing Solutions, Inc. (ISSI) Web Site

You agree and understand that the ISSI Site, including any and all features available via the ISSI Site and any User Content, may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the ISSI Site implemented after your initial access to the ISSI Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the ISSI Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators' use of the ISSI Site.

Registration

In order to access some features of the ISSI Site, you may be required to register and to select a password and user name, which shall consist of an email address you provide and a screen name (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

Security

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the ISSI Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

Use of the Site/Services

You may use the ISSI Site solely for your personal, non-commercial use. For example, you may use the ISSI Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the ISSI Site for User Content and business or product information. You may also invite people you know to join the ISSI Site. You acknowledge and agree that we do not control the User Content posted to the ISSI Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the ISSI Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the ISSI Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent our views. You understand that, by using the ISSI Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

Restrictions on Rights to Use

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to):

download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the ISSI Site, except and to the extent expressly permitted under these Terms of Use;
remove any copyright, trademark or other proprietary rights notice contained in or on the ISSI Site;
use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ISSI Site;
collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
reformat or frame any portion of any Web pages that are part of the ISSI Site;
create user accounts by automated means or under false or fraudulent pretenses;
create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users' enjoyment of the ISSI Site;
submit to the ISSI Site any content that falsely states or implies that such content is sponsored or endorsed by us;
transmit or upload to the ISSI Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the ISSI Site, any other Web site, or any computer or other device or system, or the enjoyment of the ISSI Site by any User;
use the ISSI Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
submit to the ISSI Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the ISSI Site to transfer or store illegal material, including any material deemed threatening or obscene;
copy or store any User Content offered on the ISSI Site other than for your personal, non-commercial use;
take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the ISSI Site or the IT infrastructure used to operate and make the ISSI Site available;
use the ISSI Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or
collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

User Content Posted By You on the ISSI Site

Without limiting the generality of any other provisions of these Terms of Service, you agree:

You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party's prior written consent.
You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
You are solely responsible for any User Content you post, publish or display on the ISSI Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the ISSI Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
You will post only User Content you believe in good faith to be true and accurate, and you will not post to the ISSI Site any User Content that is false, inaccurate, misleading or fraudulent.
By uploading User Content to the ISSI Site, you hereby grant, and represent and warrant that you have all rights and authority necessary to grant, (i) ISSI, and our respective contractors and business partners, an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license and right to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms of Use, all Users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each such User's personal, non-commercial use. You hereby irrevocably waive and assign to us any and all so-called moral rights or “droit moral” you may have in or with respect to any User Content you post to the ISSI Site. In return for your access to and use of the ISSI Site, you acknowledge that you have read, understand and agree to the terms enumerated below with respect to any Ideas you submit on the ISSI Site:

To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to ISSI and in doing so and ISSI's use of the Idea will not infringe upon any other individual's or entity's rights.
You understand that disclosure of your Idea to ISSI does not establish a confidential relationship or obligate ISSI to treat the Idea (or any related materials) as secret or confidential.
You understand that ISSI has no obligation, either express or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that ISSI assumes no obligation with respect to any Idea. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your idea. In the absence of a separate formal contact, your rights shall be limited to those existing under the patent laws of the United States.
If your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to ISSI.
You understand that, except to the extent that these terms are superseded by a separate agreement in writing by you and ISSI, you hereby irrevocably release and forever discharge ISSI and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against ISSI and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how ISSI and its affiliates and subsidiaries, directly or indirectly, use the Idea, with the sole exception in respect of the foregoing release and discharge being your right to bring a claim of patent infringement.

The following is a partial list of the kind of User Content that is illegal and/or is prohibited on or through the ISSI Site. You may not post any content that:

is patently offensive to users of the ISSI Site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
promotes illegal activities or conduct that is abusive;
is threatening, obscene, defamatory or libelous;
is pornographic or sexually explicit in nature; or
seeks, or recommends providers of, material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.

As between you and us, the ISSI Site, including all photographs, images, text, graphics, icons, and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the ISSI Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the ISSI Site are the proprietary property of ISSI or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the ISSI Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the ISSI Site without the express written permission of the trademark owner.

Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ISSI SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE ISSI SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE ISSI SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE ISSI SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ISSI SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE ISSI SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE ISSI SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ISSI SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE ISSI SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE ISSI SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

ISSI reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your State is restricted or prohibited. In the event of a pricing error on the ISSI Site, ISSI reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, ISSI reserves the right to limit quantities. In this case, only one (1) of this limited quantity items may be placed in your shopping cart. ISSI further reserves the right to cancel multiple orders of the limited quantity item purchased by the same User and/or shipped to the same delivery address.

ISSI may display advertising prints for products sold through a ISSI Site. ISSI attempts to display the image of the products shown on the ISSI Site as accurately as possible. However, we cannot guarantee that the image you see matches the product color, as the display color depends, in part, upon the monitor or graphic card used by you.

Limitation on Liability

IN NO EVENT SHALL ISSI OR THEIR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE ISSI SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ISSI SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, ISSI' RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE ISSI SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ISSI SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

Indemnity

You agree to indemnify and hold ISSI and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the ISSI Site, (ii) your use of the ISSI Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

Third Party Advertisements and Links to Third Party Sites

We may display on the ISSI Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE ISSI SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

Placing an Order

At this time, ISSI ships merchandise to locations within the 50 United States. ISSI ships to international locations. The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. To see ISSI shipping and delivery policies in more detail, please see Shipping Policy.

You may purchase merchandise from the ISSI Site by using any one of the payment options listed in Payment Options. ISSI reserves the right to change its payment procedures at any time without prior notice to you.

ISSI charges sales tax for merchandise ordered on the ISSI Site based on the applicable state sales tax rate and the location to which the order is being shipped.

Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to ISSI return policy, available under Returns.

Changes to Terms of Use

We reserve the right to make changes at any time to these Terms of Use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the ISSI Site after any modifications indicates your acceptance of the modified Terms of Use.

Disputes

Any dispute relative to the ISSI Site or use or inability to use the ISSI Site will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the ISSI Site shall be submitted to confidential arbitration in California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

Applicable law

By visiting ISSI Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ISSI Site.

Miscellaneous

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind ISSI in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the ISSI Site. These Terms of Use, which shall be deemed accepted by you upon your use of the ISSI Site, constitute the entire agreement among you and ISSI regarding use of the ISSI Site. ISSI' failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the ISSI Site and any notices regarding the ISSI Site.

Contact and Violations

Please contact us with any questions regarding these Terms of Service. Please report any violations of the Terms of Service to admin@innovativesealingsolutions.biz.