By using this website (www.northcoastseal.com) you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully.
ACCEPTANCE
By using the website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to North Coast Seal, Inc. (“NCS”) or the website. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
Use of the website is subject to compliance with these Terms and Conditions. You acknowledge and agree that NCS may terminate your access to the website should you fail to comply with the Terms and Conditions or any other guidelines and rules published by NCS. Any such termination shall be in NCS ’s sole discretion and may occur without prior notice, or any notice. NCS further reserves the right to terminate any visitor’s access to NCS or to any of the Products and Services for any conduct that NCS , in its sole discretion, believes is or may be directly or indirectly harmful to other visitors, to NCS or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. NCS further reserves the right to terminate any visitor’s access to NCS or to any of the Products and Services for any reason or for no reason.
NCS does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
In cases where you have authorized a minor to use the website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor’s access to and use of the website; and (iii) the consequences of any misuse by the minor.
You agree that you will not use the website to:
You acknowledge and agree that NCS and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the website at any time, for any reason, or for no reason at all, with or without notice. Without limitation NCS and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by NCS , in its sole discretion. NCS may also terminate access to, or membership in, NCS , or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content.
By posting Content on NCS , you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on NCS.
In order to make it possible for NCS to provide the website, you hereby grant NCS a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, transmit, publicly display, publicly perform and distribute any Content posted by you on or through NCS , to publish and promote such Content in connection with the website, to publish and promote such Content on any other NCS website through links to NCS , and to sublicense such rights solely as necessary to provide the website. The license shall terminate at such time as you remove your Content from NCS .
NCS may contain links to third party websites where visitors can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, visitors are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that NCS is not a party to the transaction.
Visitors are obligated to submit information that is true, accurate, current, and complete. By accepting these Terms and Conditions, you represent and warrant that all such information submitted by you is true, accurate, current, and complete. Visitors are also required to maintain and update all such information in order to ensure that it remains true, accurate, current, and complete. Each time you update such information, you represent and warrant that such information is true, accurate, current, and complete.
Visitors may not purchase goods or services that they are prohibited from purchasing or possessing by any law applicable to them in their jurisdictions. The responsibility for ensuring compliance with all applicable laws shall be the Visitor’s alone. By submitting an order to purchase goods or services, you represent and warrant that you have the legal right to purchase and possess such goods or services.
PRODUCTS AND SERVICES. THE WEBSITE IS PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NCS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NCS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. NCS SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE.
MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL NCS BE LIABLE TO ANY VISITOR ON ACCOUNT OF THAT VISITOR’S USE OR MISUSE OF AND RELIANCE ON THE WEBSITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, IDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF NCS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
THIRD PARTY GOODS/SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, NCS . SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
ACTS OF GOD. UNDER NO CIRCUMSTANCES SHALL NCS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
NCS may offer access to numerous third party web pages and content available over the Internet. In the overwhelming majority instances, including, but not limited to, sites contained within a directory of links, NCS has no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on NCS or provided to NCS by third parties, NCS may set guidelines for what may appear on such web pages and may engage in certain screening, but generally exercises no control over the content of such web pages and is unable to police all such content. Third party content accessible through NCS from such sources is developed by people over whom NCS exercises no control. Similarly, content hosted by NCS which is posted by third parties, and, with the exception of certain random screening functions, NCS cannot and does not screen such web pages before they are made accessible to other visitors of NCS . Accordingly, neither NCS nor its licensors assume any responsibility for the content of any site linked to the NCS web site or in any web page hosted for a third party within NCS web site. In instances where NCS does review the sites that are displayed in directories, indices, and/or references, or where NCS makes available directories, indices, and/or references of sites compiled by third parties, the content located at such sites was developed third parties, and review of such sites by NCS , if any, is narrowly limited to that which is necessary for compiling the particular set of links.
NCS may provide, or third parties may provide, links to other sites or resources located on the Internet by allowing a visitor to leave NCS to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. NCS has no control over such sites and resources. You acknowledge and agree that NCS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that NCS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NCS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
Except as expressly provided, nothing within the website shall be construed as conferring any license under any of NCS’s or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the website is protected by copyright, trademark, patent, or other proprietary rights of NCS and its affiliates, licensors (including, without limitation, competitors), and service providers. Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by NCS in connection the website. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by NCS , any of NCS ’s affiliates, or any of NCS ’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through NCS for any purpose other than the purpose for which such Content is made available to visitors by NCS . You agree not to defame or disparage NCS, the trademarks or service marks of NCS , or any aspect of the website. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the website or any software or programs used in connection with the website.
NCS offers a non-assignable, non-transferable, and non-exclusive license to link to the NCS website, using NCS logos, subject to the following provisions. NCS logos may be placed on a website for the sole purpose of creating a link to NCS and allowing visitors to your site to access the NCS website. NCS logos and may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by NCS. NCS logos may only be used in the exact size, shape, colors, design, and configuration as found on such web page. NCS logos may not be altered in any manner. NCS logos may not be used to disparage NCS, its products or services, or in a manner which, in NCS’s reasonable judgment, may diminish or otherwise damage NCS ’s goodwill in NCS logos. By using any such NCS logo, you acknowledge that NCS has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of NCS . If you use NCS logos, you must include a statement that any such logo is owned by NCS. NCS reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. NCS reserves the right to take action against any use that does not conform to these provisions.
By using the NCS website you agree to indemnify NCS and its officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the NCS web site, or your submission of ideas and/or related materials to NCS or from any person's use of any account or password you maintain with NCS , regardless of whether such use is authorized by you. By using the NCS website, or submitting any ideas and/or related materials to NCS , you are hereby agreeing to release NCS and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or the website or to any disputes regarding use of ideas and/or related materials submitted to NCS . YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the NCS website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
All other marks that appear on the website are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the website without the express written consent of NCS or the owner of the mark, as appropriate, is strictly prohibited.
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify our designated agent in writing: Attn: DMCA Agent James K. Roosa, Esq., 3723 Pearl Rd., Ste 200, Cleveland, OH 44109. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g)(2).
Unless expressly stated to the contrary elsewhere within the website, all legal issues arising from or related to the use of the website shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Ohio applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any visitor’s use of the website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio, and judgment on the arbitration award may be entered into in any state or federal court in Ohio having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Ohio having jurisdiction thereof. Except as set forth above, the state and federal courts of Ohio shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any visitor’s use of the website. By using the website and thereby agreeing to these Terms and Conditions, visitors consent to personal jurisdiction and venue in the state and federal courts in Ohio with respect to all such disputes.
NCS reserves the right to modify the website from time to time, for any reason, and without notice, including the right to terminate the website. NCS reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
These Terms and Conditions constitute the entire agreement between the parties with respect to the website and supersede any other agreements, proposals and communications, written or oral, with respect to the subject matter hereof.
Should you violate these Terms and Conditions or any other rights of NCS and the NCS Companies, NCS and the NCS Companies reserve the right to pursue any and all legal and equitable remedies against you.
