WELCOME TO INTEVAPRODUCTS.COM! PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, BROWSING OR OTHERWISE USING THIS SITE.
This Agreement was last updated on 2/28/08.
1. Scope of Agreement
2. Binding Agreement
BY ACCESSING OR USING THIS SITE IN ANY MANNER YOU ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE TERMS, CONDITIONS AND NOTICES SET FORTH IN THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO EACH OF THE TERMS, CONDITIONS AND NOTICES IN THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THIS SITE IN ANY MANNER.
- Content refers to, without limitation, text, graphics, photos, illustrations, images, video and audio clips that are accessible from the Site.
- Intellectual Property refers to, without limitation:
- All names and marks, including trademarks, service marks, trade names, corporate names, trade dress, slogans, logos and domain names and registrations and applications for registration thereof including all registered and unregistered trademarks, trade names, service marks and applications therefor and all goodwill associated therewith, including, but not limited to INTEVA, INTEVA PRODUCTS, MINI-WEDGE, E-LOC, VERSAMOUNT and VERSAMOUNT TAILGATES;
- All ownership rights to any copyrightable works or works in progress, including all related copyright registrations;
- All licenses, options to license, agreements, contracts and other contractual rights concerning any such Intellectual Property; and
- Goodwill associated with any of the foregoing.
- Inteva refers to the legal entity Inteva Products, LLC, and any and all related entities, officers, employees, affiliates, agents and licensors.
4. Modification of the Agreement and the Site
Inteva may, at any time and in its sole discretion, modify, revise or otherwise change this Agreement and/or Site (including without limitation, adding or discontinuing any or all services or transactions offered through this Site), in whole or in part, without notice or liability to You.
- Subject to the terms and conditions of this Agreement, You are granted a limited, revocable, non-exclusive and non-transferable license, without the right to sublicense, to access and use this Site only for displaying this Site on Your Internet browser and for making a hardcopy printout of limited and select information from the Site. Your access and use of this Site and any hardcopy printout is further limited to personal, internal and non-commercial purposes only.
- Except as permitted in the limited license set forth in the preceding paragraph, You shall not copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from this Site (in whole or in part) or translate, modify, reverse-engineer, disassemble or decompile this Site (in whole or in part).
6. Availability and Use of Site
The availability of this Site depends on many factors, including factors that are beyond Inteva’s control, such as Your connection to the Internet and the involvement of Internet service providers connecting You with our Site. Inteva shall not be liable to You if You cannot use this Site due to any reason.
7. Termination; Effect of Termination
- In addition to any other legal or equitable remedies, Inteva may, without prior notice to You, immediately terminate this Agreement or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting Inteva using the information on the contact page of the Site.
- Upon any termination of this Agreement, You shall immediately cease all access to and use of this Site, both secured and unsecured portions. Inteva shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account ID(s) issued to You. Upon termination, You shall also not use the account ID or password of any third party to access any secured portion of the Site. Any termination of this Agreement shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination. The provisions of Sections 12-13, 16-17 and 18 shall survive the termination
of this Agreement.
8. Intellectual Property
- U.S. and international copyright, trademark and other intellectual and proprietary laws protect this Site, and any unauthorized access to or use of this Site may violate such laws. Inteva shall aggressively enforce its intellectual and proprietary rights to the fullest extent of the law.
- Except as otherwise provided on the Site, all Content that is part of this Site and all Intellectual Property associated therewith, are the sole and exclusive property of Inteva, meaning it has all right, title and interest to the Content and Intellectual Property. You are not granted any right or license, either express or implied, in any Content or Intellectual Property associated therewith except as explicitly set forth herein. To the extent that You use any Content associated with the Site, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Inteva.
- You shall not remove any copyright, trademark or other proprietary legends or notices that appear on, in or as part of this Site.
9. Notice of and Procedure for Copyright Infringement
- Inteva respects other’s Intellectual Property and proprietary rights. In accordance with the Digital Millennium Copyright Act, Inteva has designated a Copyright Agent to receive notice of claims of alleged copyright infringement on the Site. If You believe that Your copyrighted material has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to or from this Site, please send Inteva’s Designated Agent a notice containing the following elements:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work(s) that is/are alleged to have been infringed;
- A description of the copyrighted work(s) that You claim is/are infringing and the location where the original or an authorized copy of the copyrighted work(s) exists/exist (for example, the Uniform Resource Link (“URL”) of the Web site where the copyrighted work[s] is/are lawfully published; the name, edition and page[s] of a book, etc.);
- A description of where the material that You claim is/are infringing is/are located on this Site, including the URL, so that Inteva can locate the material;
- Your address, telephone number and e-mail address;
- A statement that You have a good faith belief that the use of the material identified in the notice is not authorized by the copyright owner, its agent or applicable law; and
- A statement by You, under penalty of perjury, that the above information is accurate and that You are the copyright owner or are authorized to act on behalf of the copyright owner.
- Send the notice containing the above information to the Designated Agent identified on the contact page of the Site.
NOTE: THE NOTICE REQUIRED BY THIS SECTION IS EXCLUSIVELY FOR NOTIFYING INTEVA THAT COPYRIGHTED WORK(S) MAY HAVE BEEN INFRINGED. DO NOT SEND ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT TO INTEVA’S DESIGNATED AGENT. SUCH NOTICES OR INQUIRIES SHOULD INSTEAD BE SENT TO THE E-MAIL ADDRESS OR MAILING ADDRESS LISTED BELOW IN THE SECTION TITLED “CONTACT INFORMATION.”
10. Links to Other Internet Sites
This Site may contain links to Internet sites owned, operated or maintained by third parties not under the control of Inteva. These links are provided for Your convenience only. Such links are not and shall not be deemed to be an endorsement by Inteva of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
11. Links to This Site
You must obtain Inteva’s prior written consent before creating any link(s) to this Site except for Your personal use of the Site through Your Internet browser.
12. Warranty Disclaimer; Limitation of Liability
- ALL CONTENT, SERVICES AND TRANSACTIONS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. INTEVA DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. INTEVA DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTEVA, ITS PARENT, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF INTEVA HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTEVA’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY AND/OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO INTEVA FOR ACCESS TO
THE SITE FOR THE ONE-MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO INTEVA’S LIABILITY.
You agree to indemnify, defend and hold harmless Inteva, its parent, subsidiaries, affiliates and their respective officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from Your access or connection to, or use of this Site, including without limitation claims arising out of any or all Submissions or Content associated directly or indirectly with You, Your violation of a third party’s Intellectual Property or other rights or any claims alleging facts that if true would constitute a breach by You of the terms and conditions of this Agreement, including, but not limited, to any and all warranty or representation. Inteva reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Inteva in the defense or in asserting counterclaims to any such claims and You shall continue to pay all costs, expenses and attorneys’ fees following Inteva’s assumption of control (including, but not limited to the right to select counsel and to make all strategic decisions in any litigation or other proceeding related in any way to the foregoing) until the matter is resolved, as well as any resultant damages.
14. Relationship of Parties
You acknowledge that no joint venture, partnership, employment or agency relationship exists between You and Inteva as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent or employee of Inteva and Inteva shall not be liable for any representation, act or omission by You to the contrary.
Your rights are personal. You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Inteva’s successors, assigns and licensees.
16. Injunctive Relief; Remedies
- You agree that the remedy at law to Inteva for any actual or threatened breach of this Agreement would be inadequate and that Inteva shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Inteva may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including attorneys’ fees.
- All rights and remedies granted to Inteva under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Inteva at law or in equity.
17. Governing Law and Jurisdiction; Limit on Commencing Actions; Waiver of Jury Trial;
- This Agreement is governed by the laws of the State of Delaware, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Delaware in all disputes arising out of or relating to the use of this Site.
- You must commence any cause of action or claim against Inteva within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
- You knowingly, voluntarily and intentionally waive any right You may have to a trial by jury with respect to any proceeding arising out of or in any way relating to this Agreement.
- You knowingly, voluntarily and intentionally agree to pay all costs and expenses, including attorneys’ fees, to Inteva with respect to any proceeding arising out of or in any way relating to this Agreement, regardless of the outcome of said proceeding.
18. International Access
This Site can be accessed from countries other than the United States. This Site may contain Inteva products or services or references to Inteva products or services that are not available outside of the United States. Any such references do not imply that such Inteva products or services will be made available outside the United States. If You access and use this Site outside the United States, You are responsible for complying with Your local laws and regulations.
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
20. Contact Information
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site using the contact information provided on the contact page of the Site.
21. Reservation of Rights
Inteva reserves to itself any and all rights not expressly granted herein.