Terms of Use
TERMS AND CONDITIONS
INTRODUCTION
ACCEPTANCE OF CONTRACT TERMS
By accessing this web site and/or purchasing products from us, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the "Terms and Conditions"), all of which constitute an agreement between you and OmniSense LLC. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from OmniSense LLC are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and OmniSense LLC, except as otherwise agreed in writing signed by us. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
EFFECTIVE DATE
These Terms and Conditions are effective as of July 13, 2012. We reserve the right to change them by posting a revision on this web site.
WEB SITE USE
GRANT OF LIMITED USE LICENSE
OmniSense LLC grants you a limited, nonexclusive, non-transferable license to access and use this web site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this web site in any way or for any purpose that involves a violation of these Terms and Conditions. OmniSense LLC retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
This web site is intended only for your use in deciding whether to purchase products from us and in purchasing products from us. You may access and make a limited number of copies of the frames or pages only as needed for this limited purpose. All title, ownership and other rights in and to this web site are owned or licensed from a third party by OmniSense LLC. Any unauthorized use, change of information, or interference with the availability of, access to proper working of or security measures on this web site is strictly prohibited.
DOWNLOADING; OTHER USE
Unless expressly permitted by us, any downloading, copying, mirroring, archiving, intercepting or redirecting of content from any part of this web site is strictly prohibited. Even if permitted by us, downloading CAD models, software or any other information from this web site does not give you title or any other rights thereto. Redistribution, making a derivative work from and any other commercial exploitation of any content on this web site or of any software you download from this web site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this web site or use of any technology or other means to hide your identity when accessing this web site are also strictly prohibited. You agree you will impose only that load on this web site which is necessary for your use in deciding whether to purchase products from us and in purchasing products from us.
USER CONTENT
We are pleased to hear from our customers. However, any ideas you disclose to us absent an explicit Non Disclosure Agreement shall be deemed the property of OmniSense LLC. We are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in any such disclosure have been waived. OmniSense LLC reserves the right to regulate all content provided by third parties on this web site, but we are not responsible for that content. When participating in interactive portions of this web site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the web site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.
SALES TERMS
PURCHASES; PRICES; PAYMENT
Prices, title and risk of loss are F.O.B. our warehouse. Published prices don't include taxes, duties or shipping and may be changed without notice. Open accounts are available on approval. Payment on open accounts is due within 30 days of shipment, net 30 days. Visa, MasterCard, and American Express are accepted for telephone, web site and fax orders. Credit card arrangements are subject to change. We reserve the right to correct typographic errors and reject orders. Applicable law may prevent the sale of some products in your area.
RETURNS
If your shipment appears damaged, do not accept it unless the damage is marked on the bill by the carrier. Return authorization (RMA) is required.
LIMITED PRODUCT WARRANTY
Our only warranty obligation is to replace any item proved defective in material or workmanship within 12 months of the date of shipment received. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE, ARE DISCLAIMED.
SALES OR USE TAX YOU MAY OWE TO YOUR STATE
OmniSense LLC collects sales tax, where appropriate, from customers in South Carolina. Each State is governed by specific requirements for sales/use tax.
OTHER PROVISIONS
NO OTHER REPRESENTATIONS OR WARRANTIES
THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD OMNISENSE LLC HARMLESS FROM, AND YOU COVENANT NOT TO SUE OMNISENSE LLC FOR, ANY CLAIMS BASED ON USE OF THIS WEB SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL OMNISENSE LLC BE LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR PURCHASE OF ANY PRODUCTS FROM US OR ANY USE OF, OR THE INABILITY TO USE, ANY CONTENT ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCTS YOU PURCHASE FROM US.
YOUR OBLIGATIONS
You warrant, represent and agree: (1) to comply with all laws; (2) that our sale and shipment of any product ordered by you will not, by export thereof, your legal status or otherwise, cause us to violate any law; and (3) to indemnify us against any losses and costs incurred from a failure by you to comply with any law or these terms and conditions or from any unlawful use by anyone of any product ordered by you.
TRADEMARKS AND COPYRIGHTS
OmniSense® and OmniSense LLC® are registered trademarks of OmniSense LLC. Trademarks, brands and names identified with products sold on this web site are the property of their respective owners, not OmniSense LLC. Unless otherwise indicated, all material on this site is subject to a copyright owned by OmniSense LLC , all rights reserved. Except as expressly permitted by us, nothing on this web site confers any license in any property right, including without limitation, any right in any trademark or copyright of OmniSense LLC or any third party. Please contact our Sales Desk if you desire information to confirm any product certifications referenced on this web site.
JURISDICTION AND CHOICE OF LAW
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of South Carolina applicable to contracts made and to be performed in South Carolina, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States. You irrevocably consent to the exclusive jurisdiction of the courts located in Beaufort, South Carolina in connection with any action arising out of or related to these Terms and Conditions or this web site. Notwithstanding the foregoing, proceedings to enforce the result of any such adjudication may be brought in any applicable forum.