Pro-Coat™ Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
Pro-Coat Ltd. and its affiliates (“Pro-Coat, Protective Coatings”) welcome you to www.rustbad.com. We ask that you read the following terms and conditions of use, which constitutes a license that covers your use of this website and any transactions that you engage in through this website ("agreement"). By viewing, accessing, or using this website, you acknowledge that you have read, understand, and agree with these terms and conditions of use. If you do not wish to be bound by this Agreement, please do not use this website.
USE OF WEBSITE
This website is provided solely for the use of current and future customers and franchisees of Pro-Coat Ltd to provide you with information about our company, to permit you to place orders for our services and products, and to enable you to contact us with questions or comments that you might have. Any other use of this website is strictly prohibited. By example, you should not use any features of this website that permit communications or postings to post, display, transmit or otherwise communicate:
1) Any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
2) Any advertisement, solicitation, chain letter, spam, or other similar type of information;
3) Any encouragement of illegal activity;
4) Any unauthorized use or disclosure of private, personally identifiable information of others; or
5) Any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
WEBSITE OWNERSHIP AND CONTENT
The information contained on this website, including all designs, images, photographs, writings, graphs, data, and materials are the property of Pro-Coat Ltd and are protected by trademarks, copyright, trade-secrets, or other proprietary rights. Permission is granted to display, distribute, copy, download, and print portions of this website solely for the purposes of using this website for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You must comply with all copyright laws worldwide in your website use and prevent unauthorized copying of materials, except as provided in this agreement. Pro-Coat does not grant any express or implied right in or under any trademarks, copyrights, or trade-secret information.
WARRANTY DISCLAIMER
You agree, that use of this website, is at your own risk. Neither Pro-Coat Ltd., its affiliates(Pro-Coat, Protective Coatings), nor any of their officers, directors, 3rd party content providers(if applicable), employees, licensors (collectively, "Providers"), agents, or the like, warrant that this website is or will be uninterrupted or free of error; nor do they make any warranty as to the results that may be obtained from the use of this website, or as to the accuracy, completeness, reliability, security, or currency of the material. The material may contain errors, omissions, inaccuracies, or outdated information. Further, Pro-Coat does not warrant reliability of any statement or other information displayed or distributed through the website. Pro-Coat reserves the right, in its sole discretion, to correct errors or omissions in any portion of the website. Pro-Coat may make any other changes to this website, the material, the products, programs, services, or prices (if any) described in this website at any time without notice.
THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIAL ON THIS WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. PRO-COAT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO OPERATION OF THE WEBSITE, CONTENT, INFORMATION, OR MATERIAL ON THIS WEBSITE (WWW.RUSTBAD.COM). TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, PRO-COAT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIAL, CONTENT, AND/OR INFORMATION ON THIS WEBSITE OR ANY PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANT ABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AGREE THAT PRO-COAT AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OR POSSESSION OF MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT WILL PRO-COAT OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER PRO-COAT OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pro-Coat Ltd., its affiliates (Pro-Coat, Protective Coatings), agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the website, violation of this agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this website must be commenced within one (1) year after the claim or cause of action arises.
TERM AND TERMINATION
Without limiting its other remedies, Pro-Coat may immediately discontinue, suspend, terminate, or block your and any user's access to this website at any time in our sole discretion.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This agreement is governed by and will be construed in accordance with the laws of the State of Pennsylvania, U.S.A., without reference to its conflicts of law’s provisions. Pro-Coat makes no representation that the materials are appropriate or available for use outside the United States. If you access this website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Indiana County, Pennsylvania, for any disputes with Pro-Coat arising out of your use of this website.
ENTIRE AGREEMENT
This agreement constitutes the entire agreement between Pro-Coat and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Pro-Coat with respect to this website. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this agreement or portion of this agreement to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of this agreement, and the remainder of this agreement will continue in full force and effect. No waiver by either party of any breach or default under this agreement will be deemed to be a waiver of any preceding or subsequent breach or default.
MODIFICATIONS TO AGREEMENT
We may revise this agreement at any time and you agree to be bound by the revised agreement. Any such modifications will become effective on the date they are first posted to this website. It is your responsibility to return to this agreement from time to time to review the most current terms and conditions. Pro-Coat does not and will not assume any obligation to notify you of changes to this Agreement.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from Pro-Coat solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
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All Rights Reserved