Terms of Use
The following Terms of Use (“Terms of Use”) apply to this website. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
Last Modified: January 31, 2017
1. YOUR ACCEPTANCE OF THESE TERMS
By accessing and using this website (the “website”) in any way, including, without limitation, browsing the website, using any information, content or services, providing any data, or downloading any materials, you agree to and are bound by these Terms of Use. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between Graham Architectural Products Corporation, and its subsidiaries, parent and affiliates (collectively “Company”), and you. If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer’s behalf. If you are using the website on behalf of another individual, you represent that you are authorized to accept these Terms of Use on that individual’s behalf.
Graham reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time without notice to you. Please check these Terms of Use for changes. Your continued use of this website following the posting of changes to the Terms of Use will mean you accept those changes.
2. WEBSITE USERS
The website provides its users (“Users”) access to information on Company’s qualifications, services provided and experience. Company may, at its sole discretion, modify, restrict or otherwise limit any User’s use of this website that is inconsistent with these Terms of Use, including, without limitation, deleting a User’s data and/or terminating a User’s access to the website.
3. YOUR ACCOUNT
To the extent that Company elects to create an account feature, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Company reserves the right to refuse service, terminate accounts, remove or edit content, in its sole discretion.
4. PROHIBITED USES OF THE WEBSITE
a. Website Content
The Content (as defined below) presented on this website is intended for informational purposes only. Such information is not meant to serve as a substitute for professional advice and we do not guarantee the accuracy of the descriptions or other content on this website. We reserve the right to correct any errors or inaccuracies on the website at any time, but are under no obligation to do so.
Company owns all right, title and interest in and to the website, all text, graphics, photographs, audio, video, logos, artwork, trademarks, service marks, trade names, data, computer code and other materials contained or displayed on the website, as well as the look and feel and the design of the website, the organization of the website, and any copyrights, trademarks, patent rights and other intellectual property and proprietary rights therein (“Content”).
b. Use Limitations
Unless otherwise specified, the materials and services on this website are for your personal use, and you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, materials, trademarks, service marks, trade names, products or services obtained from the website without the express, prior written permission from Company.
c. No Unlawful or Prohibited Use
As a condition of your use of the website, you will not use the website for any purpose that is unlawful or is prohibited by these terms and conditions, or by any notices of Company. You may not access or use the website in any manner that could damage, disable, overburden, or impair any Company server, or the network(s) connected to any Company server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to services, materials, other accounts, computer systems, websites or networks of Company or any member connected to any server of Company or any member, through hacking, password mining, impersonation or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the website; any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the website or content contained therein is prohibited without prior written permission by Company.
d. Spam Email and Postings
You agree that Company would be irreparably harmed by the use, by you or others, of the website or facilities in connection with the transmission of spam newsgroup postings or unsolicited email, that such a use shall constitute a violation of these Terms of Use, and that Company is entitled to obtain injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Company reserves the right to block, filter or delete unsolicited email.
e. Termination
Company may restrict, suspend or terminate your access to the website if Company believes you are in breach of these Terms of Use, or for any other reason, without notice or liability. Termination may include, without limitation: (i) removal of access to the website; (ii) deletion of any user created content such as user names, passwords, or any other data; and (iii) barring further use of Company’s website.
5. PROTECTION OF MEMBER DATA
a. Privacy Policy
Company respects your desire for privacy. Please review our Privacy Policy (the “Privacy Policy”), which also governs your visit to this website and your personal information obtained by Company.
b. Data Security
Company takes data security seriously and has put in place appropriate physical and electronic procedures to protect and secure the personal information that you share with us.
c. Access
Company endeavors to provide Users reasonable access to personal information that it holds about them, and will take reasonable steps to permit individuals to correct, amend, or delete information about them that is demonstrated to be inaccurate or incomplete.
d. Enforcement
Company utilizes the self-assessment approach to assure its compliance with the Privacy Policy, and will periodically attempt to verify that it is accurate, comprehensive for the information intended to be covered, prominently displayed, and appropriately implemented.
6. THIRD PARTY PROMOTIONS
Company may provide links to third party websites. Your correspondence or business dealings with other companies found on or through Company’s website, including (without limitation) any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such other company. Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such web links on the website.
7. INDEMNIFICATION
You agree to indemnify, defend and hold Company harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the website, including any use by your employees, your connection to the website, your violation of the Terms of Use, or your violation of any rights of another.
8. DISCLAIMERS, LIMITATIONS AND OTHER NOTICES
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION, SOFTWARE, DOCUMENTATION, MATERIALS, SERVICES AND PUBLICATIONS ARE PROVIDED “AS-IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND COMPANY HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, COMPANY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
COMPANY WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY DEFICIENCY IN THE WEBSITE OR ANY SERVICE PROVIDED VIA THE WEBSITE (COLLECTIVELY, THE “SERVICE”) OR ANY ERRORS IN THE SOFTWARE OR OTHER MATERIALS ON WHICH IT IS BASED OR ANY INSTRUCTION OR OTHER MATERIALS DESCRIBING THE SERVICE OR ITS USE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SERVICE (OR ANY PART THEREOF), (C) ANY USE OF THE SERVICE BY YOU (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE IN USING THE SERVICE), (D) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICE, (E) THE COMPANY’S WEBSITE OR THE CONTENT THEREOF, OR (F) ANY DELAY OR FAILURE IN PERFORMANCE BY THE COMPANY, EVEN IF COMPANY IS AWARE OR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSS, CLAIM, LIABILITY OR DAMAGE. IN NO EVENT SHALL COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY SERVICE OF COMPANY, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE, WHICH SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST COMPANY. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE WEBSITE, THE SERVICE OR ANY MATTER RELATED TO THE WEBSITE.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES, POTENTIALLY DAMAGING INFECTIONS OR PROBLEMATIC COMPUTER PROGRAMS. IN THE EVENT THAT YOUR COMPUTER EQUIPMENT, OR OTHER PROPERTY, INCLUDING, WITHOUT LIMITATION, OTHER SOFTWARE OR ELECTRONIC DATA, IS INFECTED OR DAMAGED AS A RESULT OF THE USE OF THE WEBSITE OR ANY OF ITS FUNCTIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. COMPANY ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE.
THE WEBSITE, DOCUMENTS AND PUBLICATIONS MAY BE DISTRIBUTED INTERNATIONALLY AND MAY CONTAIN REFERENCES OR CROSS-REFERENCES TO PRODUCTS, PROGRAMS, AND SERVICES THAT HAVE NOT BEEN ANNOUNCED OR AVAILABLE IN YOUR COUNTRY. SUCH REFERENCES DO NOT IMPLY THAT COMPANY INTENDS TO ANNOUNCE SUCH PRODUCTS, PROGRAMS, OR SERVICES IN YOUR COUNTRY.
THE WEBSITE MAY CONTAIN LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF COMPANY AND COMPANY IS NOT RESPONSIBLE FOR THE CONTENTS ON OR SERVICES OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. COMPANY IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. COMPANY IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT COMPANY ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON OR SERVICES OF SUCH THIRD-PARTY SITES.
9. GOVERNING LAW AND JURISDICTION
The Terms of Use are governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms of Use will be brought exclusively in the state or federal courts with jurisdiction in York County, Pennsylvania, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Company’s failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to these Terms of Use, and the other provisions of the Terms of Use shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the website, or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.