Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions in addition to all applicable laws. If you do not agree to these terms and conditions, do not use this site.
Additionally, certain pages of this site may contain additional terms that govern particular features or offers (for example, promotions or contests). In the event that any of the terms and conditions contained herein conflict with such additional terms or other terms and guidelines contained within any particular page of this site, then the terms and conditions contained herein shall govern and control your access to and the use of this site.
Exertis Australia reserves the right to change the terms, conditions and notices under which this site is offered, including but not limited to the charges associated with the use of this site, at any time and from time to time without specific notice to you. The latest terms and conditions will be posted on this site and you are responsible for regularly reviewing these terms and conditions.
Personal and Non-Commercial Use Limitation
Unless otherwise specified, neither this site nor any portion of this site may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by Exertis Australia. This site is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this site without express written permission of Exertis Australia.
No Unlawful or Prohbited Use
As a condition of your use of this site, you warrant to Exertis Australia that you will not use this site for any purpose that is unlawful or prohibited by these terms and conditions. You may not use this site in any manner which could damage, disable, overburden, or impair this site or interfere with any other party’s use and enjoyment of this site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this site. Harassment in any manner or form on this site or through this site is strictly forbidden. Impersonation of others on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
The entire content included in this site, including but not limited to text, graphics logos, icons, images, audio or software is copyrighted under the United States and international copyright laws, and is the property of Exertis Australia, its content suppliers or Exertis Australia’s use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this site is the exclusive property of Exertis Australia and is protected by United States and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Exertis Australia or purchasing products sold by Exertis Australia. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use and to register or to place an order with Exertis Australia to purchase products sold by Exertis Australia. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this site or to modify such materials in any way.
All trademarks, service marks and trade names used herein are proprietary to Exertis Australia and/or are licensed to Exertis Australia. Such trademarks, service marks and trade names are protected by common law and/or federal trademark law and may not be used in violation of Exertis Australia’s or any of its licensors’ rights.
The information regarding the products and services included in or available through this site may include inaccuracies or typographical errors. If a product is listed at an incorrect price due to typographical error, Exertis Australia shall have the right to cancel or refuse any orders placed for such product listed at the incorrect price, whether or not the order has been confirmed or your account charged. If your account has been charged and your order is canceled, a credit will be issued to your account in the amount of the charged price. Exertis Australia and/or its respective suppliers may make improvements and/or changes to the information in this site at any time.
EXERTIS AUSTRALIA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS SITE OR INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS SITE FOR ANY PURPOSE. EXERTIS AUSTRALIA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER WHICH MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE AND ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, EXERTIS AUSTRALIA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS SITE AND SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL EXERTIS AUSTRALIA, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING OR DISTRIBUTING THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, WITH ANY DELAY OR INABILITY TO USE THIS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EXERTIS AUSTRALIA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the Exertis Australia. With respect to applicable taxes, Exertis Australia will advise you of the exact amount of tax due, if any, on your purchase either at the time of your purchase or subsequently if it is determined that such tax is due. Exertis Australia has no responsibility whatsoever for any miscalculation or omission by Exertis Australia of applicable taxes on any sale and you agree to pay such tax upon notice from Exertis Australia.
You represent and warrant that you are at least 18 years of age and that you possess the legal right to use the site in accordance with the stated terms and conditions. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access this site.
You agree to indemnify, defend, and hold harmless Exertis Australia, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your use of this site (including negligent or wrongful conduct) by you or any other person accessing this site using your computer or Internet account.
Links to Third Party Sites
Termination / Access Resrtiction
Exertis Australia reserves the right, in its sole discretion, to terminate or refuse your access to this site and the related services or any portion thereof, or to terminate your accounts and/or cancel orders at any time, without notice, if Exertis Australia believes that your conduct violates the terms and conditions contained herein or applicable law or is harmful to the interests of Exertis Australia or its other customers. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability, and indemnification shall survive termination.
Your use of this site shall be governed in all respects by the laws of the State of New York of the United States of America without regard to conflicts of law principles, and not in any way by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of products sold by Exertis Australia) shall be in the state or federal courts located in Erie County, New York (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to this site (including but not limited to the purchase of products sold by Exertis Australia) must be commenced within one (1) year after the claim or cause of action arises. Exertis Australia’s failure to insist upon or enforce strict performance of any provisions of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Exertis Australia may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of the site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Exertis Australia as a result of your use of this site. Exertis Australia’s performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of Exertis Australia’s right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this site or information provided to or gathered by Exertis Australia with respect to such use. If any part of these Terms & Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms & Conditions of Use shall continue in effect. Unless otherwise specified herein, the Terms & Conditions of Use specified herein constitute the entire agreement between you and Exertis Australia with respect to this site and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Exertis Australia with respect to this site. A printed version of these Terms & Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.