|
RMS Equipment Company
Designers and Manufacturers
of Process Machinery
RMS Equipment
Company LEGAL STATEMENT
Please read
this Legal Statement carefully before using the RMS Equipment
Company Internet Web site(s). If you do not agree to the terms
of this Legal Statement, please do not use the RMS Equipment Company
Internet Web site(s). YOU AGREE AND ACKNOWLEGE THAT BY CLICKING
THE "I ACCEPT" BUTTON BELOW, YOU ARE INDICATING YOUR
AGREEMENT TO BE BOUND BY THE TERMS OF THIS LEGAL STATEMENT AND
YOUR ACCEPTANCE OF THE RMS Equipment Company PRIVACY STATEMENT,
A LINK TO WHICH IS ALSO PROVIDED BELOW.
RMS Equipment
Company and its affiliates provide their services to you subject
to the following notices, terms, and conditions. In addition,
when you use any service of RMS Equipment Company or its Internet
Web site(s), you will be subject to the rules, guidelines, policies,
terms, and conditions applicable to that service and you will
be subject to all governing state and federal laws, including
applicable patent, copyright, trademark and other intellectual
property laws.
Copyright
This site, in its entirety, is the sole property of RMS Equipment
Company or its content suppliers and protected by U.S. and international
copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all content on this site is the exclusive property
of RMS Equipment Company and is protected by U.S. and international
copyright laws. All software used on this site is the property
of RMS Equipment Company or its affiliates and is protected by
U.S. and international copyright laws. The content and software
on this site may be used as a personal shopping and e-commerce
resource. Any other use, including the reproduction, modification,
distribution, creation of derivative works, transmission, republication,
display, or performance of the content on this site is strictly
prohibited. The application of this site, into any other site,
is strictly prohibited unless pre-approved by RMS Equipment Company.
Trademarks
RMS
Use of Site
By accessing this site you are agreeing to all of the terms, conditions,
and statements included in this legal statement. The entirety
of this site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, or otherwise exploited for any
commercial purpose that is not expressly permitted by RMS Equipment
Company. The RMS Equipment Company Internet Web site(s) may not
be linked to any other site without prior consent of RMS Equipment
Company and its affiliates reserve the right to refuse service,
terminate accounts, and/or cancel orders at its discretion, including,
without limitation, if RMS Equipment Company believes that customer
conduct violates applicable law, disrupts our normal business
activities or is harmful to the interests of RMS Equipment Company
and its affiliates.
E-Mail
By registering or placing an order with us, you are consenting
to receive e-mail from us regarding your registration or your
order. Additionally, by registering or placing an order with us,
you are consenting to receive commercial e-mail and mailed promotional
product information from us.
Third Party Property
You agree that you may upload to the software files or otherwise
transmit on or through the RMS Equipment Company Internet Web
site(s), only content that is not subject to any rights of any
third parties, or content in which any holder of such rights has
given express authorization for distribution on the Internet.
By submitting content to RMS Equipment Company, you automatically
grant, or warrant that the owner of such content has expressly
granted, the royalty-free, perpetual, irrevocable, non-exclusive
and fully sublicensable right to use, reproduce, modify, adapt,
publish, translate, create derivative works from, distribute,
perform and display such content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of any
rights that may exist in such content.
Reviews
and Comments
If, at any time, RMS Equipment Company enables site visitors to
post reviews of and comments on products featured on the site,
then the party posting that comment or review grants RMS Equipment
Company and its affiliates a non-exclusive, royalty-free, perpetual,
irrevocable, and fully sub-licensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, and display such reviews and comments throughout the
world in any media. You also grant RMS Equipment Company and its
affiliates the right to use the name that you submit with any
review or comment, if any, in connection with such review or comment.
Risk of
Loss
All items purchased from RMS Equipment Company or its Internet
Web site(s) are made pursuant to a shipment contract. Should there
be shipping errors, RMS Equipment Company will offer reasonable
assistance in the correction of that error. However, the risk
of loss and title for such items pass to you upon our delivery
to the carrier. You must file any such claims with that delivery
carrier.
Display
of Products
We use commercially reasonable efforts to ensure that the colors,
design and details of the products displayed on the RMS Equipment
Company Internet Web site(s) are accurate. However, we cannot
and do not guarantee that the colors, font types, design, paper
stock and/or detail, as displayed by your monitor, will be accurate
and we assume no responsibility whatsoever for such difference
in color, design and details.
Defective
Products
In the event that you received a defective product, please contact
RMS Equipment Company within thirty (30) days from the date of
your order. Your sole remedy for any defective product shall be
limited to the repair or replacement of the product. THE FOREGOING
COMPRISES RMS Equipment Company'S ENTIRE LIABILITY IN CONNECTION
WITH YOUR TRANSACTION.
RMS Equipment
Company reserves the right at any time and without notice to change
the products which are available for order. In the event, your
selected product is no longer available, RMS Equipment Company
in its sole option and discretion will either make a substitution
or refund your purchase price.
Sales Tax
In accordance with various statutes, RMS Equipment Company is
required to collect sales tax on any purchase of products shipped
to customers located in the states of all fifty states, the District
of Columbia and other locations as mandated by law. Tax rates,
the terms specified herein and the items subject to tax are subject
to change at anytime.
Prohibited
Conduct and Use
You agree to use the RMS Equipment Company Internet Web site(s)
only for lawful purposes. You are expressly prohibited from placing
any message in any product or otherwise transmitting through the
RMS Equipment Company any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane,
hateful, racially, ethnically or otherwise objectionable material
of any kind, including without limitation, any material that encourages
conduct that would constitute a criminal offense, give rise to
civil liability, or otherwise violate any applicable local, state,
national or international law (collectively, "Prohibited
Conduct"). You agree and acknowledge that RMS Equipment Company
is not responsible or liable to you or any other party for any
Prohibited Conduct by any user of the RMS Equipment Company Internet
Web site(s) at any time.
Notwithstanding
anything in this Legal Statement to the contrary, RMS Equipment
Company is in no way obligated to monitor any user's use of the
RMS Equipment Company Internet Web site(s) or to monitor, retain,
review and/or edit the contents of any message sent in a product
or otherwise transmitted through the RMS Equipment Company Internet
Web site(s). However, RMS Equipment Company does reserve the right,
at any time, to monitor, review, retain, edit and/or disclose
any information as we determine necessary, in our sole discretion,
to: (i) satisfy any applicable law, regulation, legal process
or governmental request; (ii) protect and defend our rights and
property; (iii) enforce this Legal Statement; (iv) protect against
misuse or unauthorized use of the RMS Equipment Company Internet
Web site(s); and (v) protect the interests of our users or the
public.
You are expressly
prohibited from using a false e-mail address or other identifying
information. Further, you may not send products (with or without
messages) to people or other entities on mailing lists that you
do not have full rights to use.
Linked Sites
The RMS Equipment Company Internet Web site(s) may contain links
to other web sites solely for your convenience. RMS Equipment
Company does not endorse nor make any warranties or representations
about any web site you may access through a link from the RMS
Equipment Company Internet Web site(s). You agree and acknowledge
that you (and not RMS Equipment Company) assume all risk for any
dealings or transactions of any nature, including without limitation,
the purchase of any products or services from, or the reliance
upon any information or materials contained in, such linked sites.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE,
SHALL RMS Equipment Company BE LIABLE FOR ANY DIRECT, INDIRECT,
EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED
FROM THE RMS Equipment Company INTERNET WEB SITE(S), THE USE OF,
OR THE INABILITY TO USE, THE MATERIALS IN THE RMS Equipment Company
INTERNET WEB SITE(S), EVEN IF RMS Equipment Company OR A RMS Equipment
Company AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL RMS Equipment Company'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE)
OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PURCHASE
OF ANY PRODUCT ON THE RMS Equipment Company INTERNET WEB SITE(S).
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.
Disclaimer
THE CONTENT, MATERIALS AND PRODUCTS ON THE RMS Equipment Company
INTERNET WEB SITE(S) ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RMS Equipment Company
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. RMS Equipment Company DOES NOT WARRANT
THAT THE OPERATION OF THE RMS Equipment Company INTERNET WEB SITE(S),
OR THE FUNCTIONS CONTAINED IN THE CONTENT, MATERIALS, OR PRODUCTS,
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THE RMS Equipment Company INTERNET WEB SITE(S) OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. RMS Equipment Company DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF
THE CONTENT, MATERIALS, OR PRODUCTS IN THE RMS Equipment Company
INTERNET WEB SITE(S) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT RMS Equipment Company) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU. RMS Equipment Company RESERVES
THE RIGHT TO LIMIT PURCHASE AND PURCHASE QUANTITY. IN THE EVENT
OF ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE UNIT
PURCHASE. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT
NOTICE.
Usage by Children
RMS Equipment Company does not solicit the use of the RMS Equipment
Company Internet Web site(s) or purchase of products offered on
the RMS Equipment Company Internet Web site(s) by minors. However,
RMS Equipment Company cannot prevent such use or purchase and
cannot prevent minors from visiting the RMS Equipment Company
Internet Web site(s). Parents, guardians and those responsible
for supervising minors are solely responsible for determining
what materials, products and services are suitable for such children
to view and/or purchase.
RMS Equipment
Company requires that use of the RMS Equipment Company Internet
Web site(s) be made either by: (a) individuals 18 years old or
older; or (b) individuals under 18 years of age under the direct
supervision of a parent, guardian or other responsible individual
with such parent, guardian or other responsible individual's verifiable
permission for such use, including the collection by RMS Equipment
Company of certain information in accordance with this Legal Statement.
In addition, RMS Equipment Company requires that any purchase
from the RMS Equipment Company Internet Web site(s) be by: (a)
individuals of legal age; or (b) by minors under the direct supervision
of a parent, guardian or other responsible individual with such
parent, guardian or other responsible individual's verifiable
permission for such purchase. EACH TIME YOU USE THE RMS Equipment
Company INTERNET WEB SITE(S) OR PURCHASE A PRODUCT OR SERVICE
FROM THE RMS Equipment Company INTERNET WEB SITE(S), YOU ARE REPRESENTING
THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR
WHO IS USING THE RMS Equipment Company INTERNET WEB SITE(S) AND
PURCHASING SUCH PRODUCT OR SERVICE UNDER THE SUPERVISION, AND
WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER
RESPONSIBLE INDIVIDUAL FOR SUCH PURCHASE AND FOR THE COLLECTION
OF CERTAIN INFORMATION IN ACCORDANCE WITH THIS LEGAL STATEMENT.
Jurisdictional
Issues
Unless otherwise specified, the materials in the RMS Equipment
Company Internet Web site(s) are presented solely for the purpose
of promoting products and services available in the United States,
its territories, possessions and protectorates. RMS Equipment
Company makes no representation that materials in the RMS Equipment
Company Internet Web site(s), or the products and services promoted
in the RMS Equipment Company Internet Web site(s), are appropriate
or available for use outside the United States. Those who choose
to access the RMS Equipment Company Internet Web site(s) from
outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent
local laws are applicable. Software from the RMS Equipment Company
Internet Web site(s) is further subject to United States export
controls. No software from the RMS Equipment Company Internet
Web site(s) may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to which the United
States has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals or the U.S.
Commerce Department's Table of Deny Orders. By downloading or
using the software, you represent and warrant that you are not
located in, under the control of, or a national or resident of
any such country or on any such list.
Applicable Law
RMS Equipment Company is incorporated in the State of Delaware,
USA. As such, the laws of the State of Delaware will govern these
disclaimers, terms, and conditions, without giving effect to any
principles of conflicts of laws. We reserve the right to make
changes to our site and these disclaimers, terms, and conditions
at any time.
Our Address
and Telephone Number
RMS Equipment Company
105 Glasgow St., P.O.Box 9001
Kitchener, Ontario Canada
N2G 4J4
Phone: 519-749-4634 Fax: 519-749-4613
Effective
Date
August 01,2001
|
