PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
You must agree to this ToU in order to access and/or use the Materials. If you access or use the Materials, we will understand this as your acceptance of this ToU and your agreement to all of its terms and conditions. By accepting this ToU or using the Materials, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept this ToU, then you may not access or use the Materials in any way.
1. ToU Updates. IFS may update this ToU at any time, and IFS will post the updated version of this ToU on the Site. You understand and agree that you will be deemed to have accepted the updated ToU if you access or use the Materials after the updated ToU is posted on the Site. If at any point you do not agree to any portion of this ToU then in effect, you must immediately stop accessing and/or using the Materials.
2. Provision of the Materials. You are responsible for any Internet connection and telecommunications fees and charges that you incur when accessing or using the Materials. You acknowledge and agree that IFS may stop providing the Materials or make changes to the Materials at any time in its sole discretion without notifying you in advance.
3. Restrictions and Conditions of Use.
3.1 Use of the Materials. IFS permits you to view, access and use the Materials solely for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, materials, data or services obtained or derived from the Materials (any such activity being “Prohibited Activity”). All Prohibited Activity is strictly prohibited under this ToU. You agree that engaging in any Prohibited Activity would constitute a breach of this ToU and would cause damage to IFS and/or its licensors. Without limiting the generality of the foregoing or in any way permitting any Prohibited Activity, and without limiting the remedies that may be available to IFS Coatings, Inc., whether or not there has been a breach of this ToU, including any Prohibited Activity, you agree that as between you and IFS, IFS shall own all intellectual property arising from any Prohibited Activity. You agree to take all necessary steps and to execute all documents as requested by IFS to evidence ownership by IFS or its designee and to ensure that any intellectual property arising from any Prohibited Activity is effectively assigned to IFS or its designee and that the assignment is perfected under all applicable law.
3.2 Accessing the Materials. You agree not to access, or attempt to access, the Materials by any means other than through the user interface provided through the Site. You specifically agree not to access, or attempt to access, the Materials through any automated means (including, without limitation, through the use of scripts, bots, spiders or web crawlers).
3.3 No Violation of Laws. You agree that you will not, in connection with your access or use of the Materials, violate any applicable law, ordinance, rule, regulation or treaty. Without limiting the foregoing, you agree that you will not make use of the Materials in any way that infringes any copyright, trademark, patent, trade secret, or other right of any third party.
3.4 Use Restrictions. You may not use the Materials in any way that is not expressly permitted by this ToU.
a) You may not: (i) remove any proprietary notices from the Materials; (ii) cause, permit or authorize the modification, creation of derivative works or translation of the Materials; (iii) sell, assign, rent, lease, or grant rights in any of the Materials including, without limitation, through sublicense, to any other person or entity without the prior written consent of IFS; or (iv) make any false, misleading or deceptive statement or representation regarding IFS or the Materials.
b) Without limiting the foregoing, you agree that you will not: (i) institute, assist, or become involved in any type of attack including, without limitation, denial of service attacks, upon the Site (or any servers, systems or networks connected to the Site) or otherwise attempt to obstruct, disrupt or interfere with the accessibility the Materials or any other person’s or entity’s use of the Materials (or any servers, systems or networks connected to the Site); (ii) attempt to gain unauthorized access to the Materials or any servers, systems or networks connected to the Site; (iii) use the Materials for any commercial purpose unless consistent with this ToU, or for the benefit of any third party, or charge any person or entity, or receive any compensation for, the use of the Materials, unless you are specifically authorized to do so in a separate written agreement with IFS; or (iv) use the Materials to perform any unsolicited commercial communication not permitted by applicable law.
4.1 Links from the Site. The Site may contain links to websites operated by other parties. IFS provides these links to other websites as a convenience and use of these websites is at your own risk. The linked websites are not under the control of IFS and IFS is not responsible for the content available on the other websites. Such links do not imply IFS’s endorsement of information or material on any other website and IFS disclaims all liability with regard to your access to and use of such linked websites.
4.2 Links to the Site. Unless otherwise set forth in a written agreement between you and IFS, you must adhere to IFS’s linking policy as follows: (a) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with IFS’s or its licensors’ names and trademarks; (b) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with IFS; and (c) when selected by a user, the link to the Site must display the Site on full-screen and not within a “frame” on the linking site. IFS reserves the right to revoke its consent to the link at any time and in its sole discretion.
5. Intellectual Property.
5.1 Trademarks. The IFS name and logo are trademarks and service marks of IFS. Unless permitted in a separate written agreement with IFS, you do not have the right to use any of IFS’s trademarks, service marks or logos and your unauthorized use of any of these may be a violation of federal, state and international trademark laws.
5.2 Ownership. You acknowledge and agree that IFS, or its licensors, owns all right, title and interest in and to the Materials and any derivatives thereof, including all intellectual property, industrial property and proprietary rights recognized anywhere in the world at any time and that the Materials and any derivatives thereof are protected by federal, state, and international intellectual property laws.
5.3 Copyright Agent. IFS respects the intellectual property rights of others. If you believe that your work has been copied within any of the Materials in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located within the Materials;
- A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Copyright Agent:IFS Coatings, Inc.3601 North Interstate 35Gainesville TX 76240Email: email@example.com
7. Disclaimer of Warranties. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE MATERIALS IS AT YOUR SOLE RISK AND THAT THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. IFS DOES NOT REPRESENT OR WARRANT THAT THE MATERIALS WILL BE ACCURATE, CURRENT OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IFS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
8. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IFS, AND ITS AFFILIATES AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”), SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE MATERIALS, EVEN IF IFS OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the liability of IFS and the Related Parties shall be limited to the fullest extent permitted by law.
9. Indemnification. You agree to defend, indemnify and hold IFS and the Related Parties harmless from and against any and all claims, demands, liabilities, damages and losses including, without limitation, reasonable attorneys’ fees, resulting from or arising out of your breach of this ToU.
10. Governing Law; Jurisdiction. This ToU is governed by Texas law, without regard to conflict of laws principles. You and IFS agree that the state courts located in Cooke County, Texas and the federal courts located in the Eastern District of Texas will have exclusive jurisdiction of all disputes arising out of or related to this ToU or your access or use of the Materials and you agree to submit to the personal jurisdiction and venue of these courts. Notwithstanding the foregoing, IFS shall be allowed to apply for equitable remedies (including injunctions) in any jurisdiction.
11.1 ToU Revisions. This ToU may only be revised in a writing signed by IFS, or published by IFS on the Site.
11.2 Assignment. The rights granted to you under this ToU may not be assigned without IFS’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
11.3 Severability. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
11.4 Attorneys’ Fees. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
11.5 No Waiver. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect our right to enforce the same provision at a later time. An express waiver by IFS of any provision, condition or requirement of this ToU shall not be understood as a waiver of your obligation to comply with the same provision, condition or requirement at a later time.
11.6 Notices. All notices given by you or required under this ToU shall be in writing and sent to firstname.lastname@example.org.
11.7 Equitable Remedies. You acknowledge and agree that IFS would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breach of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
11.8 Entire Agreement. This ToU, including the documents referenced in this ToU, constitutes the entire agreement between you and IFS with respect to the Materials and supersedes any and all prior agreements between you and IFS relating to the Materials.