Website Usage Agreement

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

 

Yeary & Associates, Inc. dba Yeary Controls (the “Company”) and our affiliates provide information, goods and services to you subject to the following conditions. If you visit or download information or are in use of http://www.yearycontrols.com (hereinafter referred to as this “Site”) at any time, be in commercially or non-commercially, you accept these conditions. Please read them carefully.By using this website located at the Site, you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with the terms and conditions of using this Website Usage Agreement, please do not use this Site. We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at any time. Please check the Website Usage Agreement periodically for changes.

 

 

SITE ACCOUNT

 

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Should your account or password become compromised at any time, please contact the webmaster at webmaster@yearycontrols.com immediately to address the concerns. All breaches of data will be the responsibility of the user, and it is expected the files and information received from use of the Site will be kept confidential unless otherwise noted.

 

ELECTRONIC COMMUNICATIONS

 

When you visit the Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or telephone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us. Email communications and telephone conversations may be reproduced for our internal use and/or retained indefinitely for future use.  

 

LICENSE, MATERIALS AND SITE ACCESS

 

Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and modify the Site, or any portion of it, except with express written consent of Company. This license does not include any resale or commercial use of this Site or its contents; any derivative use of this Site or its contents; any downloading or copying of account information or products, product descriptions or sales materials for the benefit of another merchant who is in direct competition of the Company; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing the Company name or derivative names or marks, without the express written consent of Company. Any unauthorized Site use terminates the permission or license granted by Company. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site, so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You, the user, are allowed to download a single copy of any of the sales materials in the “documents” section, and use these documents as a sales tool for the reselling of products sold through the Company. These documents may not be used to portray the Company its affiliates, or their products or services in a false, misleading, derogatory, or otherwise negative matter. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Company’s copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to Company. Any violation of this will result in revocation of these terms and conditions and will be handled by our legal department.

 

PRODUCT DESCRIPTIONS

 

Company and its affiliates attempt to be as accurate as possible. However, Company does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free

 

DISCLAIMER AND LIMITATION OF LIABILITY

 

The materials in this site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness of use for a particular purpose. Company does not warrant that the functions contained in the materials will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Company does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You, (not Company), will assume the entire cost of all resulting necessary servicing, repair, or correction, if any. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 

LIMITATION OF LIABILITY

 

In no event will Company be liable to any party, for any direct, indirect, special, incidental or consequential damages for any losses associated with use of the Site, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if Company is expressly advised of the possibility of such damages.

 

COPYRIGHT, INTELLECTUAL PROPERTY AND TRADEMARK PROTECTION

 

All content included on the Site , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Company, (or its suppliers), and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Company and protected by U.S. and international copyright laws. In addition to the copyright protection rights afforded under Federal law, Company, together with its affiliate companies, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of Company’s trademarks, and such other applications as submitted hereafter. Any reproduction, reverse engineering, redesigning, or use without the consent of the Company of products and designs that are displayed, described or referred to on the Site that are patented by the Company, shall be a violation of US Intellectual Property law and will be treated as such. This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Company or its affiliates, as applicable, which shall not be used in any manner or form without the express written consent of Company.

 

COPYRIGHT AND INTELLECTUAL PROPERTY CLAIMS

 

Company takes all concerns related to intellectual property seriously and it is Company’s policy, at its discretion and in appropriate circumstances, to cancel, disable or terminate any user’s account if she or he or it infringes, is alleged to infringe, or appears to infringe the intellectual property rights of others.

If you believe that any content on our Site infringes any copyright, or any other valid intellectual property right, please provide the following information to the Company’s Director of Compliance.

• A physical or electronic signature affirming that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online location are covered by a single notification, a representative list of such works on our Site;

• Identification of the content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• A statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

LINKS TO OTHER WEBSITES

 

Please be aware that we are not and cannot make any claim or representation regarding, and we accept no responsibility for, the quality, content, nature or reliability of web sites accessible from this Site, or web sites linking to this Site.

 

APPLICABLE LAW

 

By visiting the Site, you agree that the laws of the State of Illinois, without regard to principles of conflict of laws, will govern this Website Usage Agreement and any dispute of any sort that might arise between you and Company or its affiliates. If any terms of this agreement shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.