Except as otherwise provided in a written agreement signed by American Products LLC, these Terms of Use represent the entire understanding between you and American Products LLC and our affiliates (collectively, “American Products”) regarding your use of www.www.dustshield.com (the “Site”) and your submission of any materials to us. American Products is providing you access to the Site subject to these Terms of Use and the www.www.dustshield.com Privacy Policy published elsewhere on the Site. By accessing the Site, you signify your acceptance of these Terms of Use and your acceptance of the Privacy Policy.
American Products LLC reserves the right, at any time, to modify, alter, update, or remove portions of these Terms of Use or the Privacy Policy, so please check them from time to time as your continued use of the Site signifies your acceptance of any changed terms. If you are dissatisfied with these Terms of Use or the Privacy Policy, your sole and exclusive remedy is to discontinue your use of the Site.
DISCLAIMER
American Products LLC PROVIDES THE SITE AND ITS SERVICES ON AN “AS-IS” BASIS. American Products LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE RELATED TO: (1) THE OPERATION OF THE SITE; (2) THE INFORMATION, CONTENT, MATERIALS, OR SERVICES INCLUDED OR DESCRIBED THEREIN; AND (3) ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, American Products LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), REGARDING THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES RELATED TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS, AND SERVICES DESCRIBED THEREIN, AND ANY INFORMATION OR APPLICATIONS SUBMITTED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, American Products LLC DOES NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. American Products LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE OR THE SERVICES DESCRIBED THEREIN.
LIMITATION OF LIABILITY
IN NO EVENT SHALL American Products LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SITE, THE INFORMATION, CONTENT, OR MATERIALS DESCRIBED THEREIN, THE OPERATION OF THE SITE, ANY APPLICATION, INFORMATION, OR REQUEST SUBMITTED TO US THROUGH THE SITE, AND/OR THE SERVICES DESCRIBED THEREIN, EVEN IF American Products LLC IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. American Products LLC’s LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM OF $100.00.
LINKS
The Site may contain links to other Web sites on the Internet that are owned and operated by someone other than American Products LLC. American Products LLC provides these links solely as a convenience. The appearance of a link does not imply American Products LLC’s endorsement, nor is American Products LLC responsible for the content of any linked site. You access linked sites at your own risk.
ELIGIBILITY
You must be 18 years or older to use the Site.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your use of the services described therein.
SUBMISSIONS
American Products LLC accepts requests for information through the Site. However, we do not want and cannot accept any requests, proposals, business plans, applications, ideas, suggestions or other materials that you consider to be confidential or proprietary through the site. If you choose to submit such materials, by doing so you waive any claims or rights to the confidential or proprietary nature of those materials.
All requests, proposals, business plans, applications, ideas, suggestions, comments, feedback, and other materials disclosed, submitted, or offered to American Products LLC, using the Site, (collectively, “Submissions”) are not confidential and will become and remain the property of American Products LLC You agree that American Products LLC shall be entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from, and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else.
NO COMMITMENTS
American Products LLC reserves the right, at any time, to modify, alter, update, or remove portions of its Site and content, without notice to you. Furthermore, notwithstanding anything to the contrary on the Site or otherwise, American Products LLC reserves the right to reject any request for information for any reason, or for no reason, in American Products LLC’s sole discretion.
GENERAL PROPRIETARY RIGHTS
The Site is owned by American Products LLC and contains material that is derived in whole or in part from American Products LLC and other sources. The Site and its contents are protected by international copyright, trademark, and other intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Site, including without limitation code or software, without American Products LLC’s express written permission.
COPYRIGHT
All site design, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of American Products LLC, or their content suppliers, and are protected by U.S. and other international copyright laws, © 2007-2013, American Products LLC. ALL RIGHTS RESERVED. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other information or materials on the Site must be obtained from the copyright owner, regardless of the intended use. Any unauthorized use of the materials appearing on the Site is in violation of copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
TRADEMARKS
All trademarks are the property of their respective owners.
DISPUTES
You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Site, and/or the services described therein shall be filed exclusively in the state or federal courts of Greene County, Springfield, Missouri, USA, and you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms of Use may be brought by either party more than one year after the cause of action has occurred.
TERMINATION
These Terms of Use shall remain in force until terminated by American Products LLC. American Products LLC may terminate the Terms of Use, or suspend your access to all or part of the Site, without notice, for any conduct that American Products LLC, in its sole discretion, believes is disruptive or is in violation of any applicable law or these Terms of Use. In the event of any such termination, the provisions regarding disclaimers, limitations of liabilities, Submissions, intellectual property rights, choice of law, and venue set forth in these Terms of Use shall survive.
MISCELLANEOUS
If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.