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Terms of Service Agreement
By using our site; Webtektronix.com, you are agreeing to comply with and be bound by the following terms of service. Please review the following terms carefully as this is a legally binding contract between you and us. If you do not agree to these terms, you should not use this site. The term “Webtektronix” or “Webtektronix.com” or “us” or “we” or “our” or any and all similar terms refers to Web Industries LLC, the owner of this Web Site. The term “Site / site” and or "the Site / the site” and or "Website / website" refers to Webtektronix.com and is owned and operated by Web Industries LLC. The term “you” refers to the user or viewer of our website.
Acceptance of Agreement You agree to the terms and conditions outlined in this Terms of Service Agreement ("Agreement") with respect to our site; (the “Site”) Webtektronix.com. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products and or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by us from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Copyright The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use of or publication by you of any such matters or any part of the Site, except as allowed by the Section below, Limited License; Permitted Uses, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties. Some of the photos; pictures; and graphics within the “Site” are stock photos. The “Site” uses these photos solely for representation of our current; past; and or future products available. Web Industries LLC is a Licensed Company operating within the State of Ohio which uses Webtektronix.com and Webtektronix as DBA’s. Webtektronix and Webtektronix.com are trademarks of Web Industries LLC. The copyrights of any and all stock photos are owned by their respected manufacturers and Webtektronix, Webtektronix.com, and Web Industries LLC are not in any way affiliated with any of the respected manufacturers.
Trademarks "Webtektronix” and “Webtektronix.com" are our (Web Industries LLC) trademarks. All Rights Reserved. Other product and company names mentioned on the Site may be trademarks of their respective owners. Limited License; Permitted Uses You are granted a non-exclusive, non-transferable, revocable when and where necessary license (a) to access and use the Site strictly in accordance with this Agreement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you or anyone else in any type of litigation or arbitration matter whatsoever under any circumstances whatsoever.
Restrictions and Prohibitions on Use Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print (except for the express limited purpose permitted by the Section Limited License; Permitted Uses as stated above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of service contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing and or advertising; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any state or federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of the United States. Guarantee of Accurateness - Completeness We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. We are not responsible for any typographical errors within the Site and will not honor any price which was posted as a result of this or any other type of an error.
Linking to the Site You may not link to the Site or any content within the Site under any circumstances in any way, shape, or form whether it be direct linking, deep linking, framing, or any other way that is currently available or a future form that may arise from future advancements of technology and or the internet.
Advertisers The Site may contain advertising and sponsorships from time to time. Advertisers and sponsors are always and forever responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials. Registration Certain sections of, or offerings from, the Site may require you to register. If registration is requested or required in order to obtain a certain portion of the site and or complete your checkout of the shopping cart, you agree to provide us with accurate, valid, and complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal / individual use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. Errors - Corrections and Changes We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality, and or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site. Third Party Content Third party content may or may not appear on the Site or may be accessible via links from the Site. At any point that it is accessible; we are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, or profanity in the statements, opinions, representations or any other form of content on any and all Third Party Sites. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. Unlawful Activity We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and or traffic information. Indemnification You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and or expense, including attorney's fees resulting from a claim associated from or through the use of this site. In short, the use of our Site is done so at your own risk.
Nontransferable Your right to use the Site is not transferable or assignable in any way, shape, or form at any given time. Disclaimer The
information, content, and documents from or through the site are
provided on
an “AS IS,” “AS AVAILABLE,” with “ALL FAULTS” basis and all except
factory warranties of products that are explicitly stated and defined
are disclaimed. We (Webtektronix) do not offer any form of in house warranty. Any products that carry a warranty will be carried by the given manufacturer as a factory warranty and subject to the conditions set forth by that given manufacturer. Any other warranties express, written, or implied, are
disclaimed (including but not limited to the
disclaimer of any implied warranties of merchantability and fitness for
a
particular purpose). The information and or services through this site
may contain unknown bugs, errors, problems, other limitations, and or
any other form of
computer related viruses. We and our affiliated parties have no
liability
whatsoever for your use of any and all information or service. In
particular, but not as a limitation thereof, we and our affiliated
parties are
not liable for any indirect, special, incidental or consequential
damages
(including damages for loss of business, loss of profits, litigation,
or the
like of), whether based on breach of contract, breach of warranty, tort
(including negligence), product liability or otherwise, even if advised
of the
possibility of such damages. The negation and limitation of damages set
forth above are fundamental elements of the basis of the agreement
between us
and you. This site and the products, services, documents, and
information
presented would not be provided without such limitations. No advice or
information, whether oral or written, obtained by you from us through
the Site
or otherwise shall create any warranty, representation or guarantee not
expressly stated in this agreement. All responsibility or liability for
any damages caused by viruses and or any other computer / internet
related
problem or issue that can be passed through the use of the internet and or this site are
disclaimed.
Respect of Manufacturers Webtektronix, Webtektronix.com and Web Industries LLC are in
no form of any way affiliated with any of the respected manufacturers where
stock photos are used for products.
Limitation of Liability (a) We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party.
(b) The aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and / or the products, information, documents and services provided herein or hereby shall not exceed $50 including any and all potential attorney’s fees and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.
Use of Information We reserve the right, and you authorize us, to the use and assignment of all information regarding the Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission of remarks, suggestions, ideas, graphics, and or any other information as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. Third-Party Services We may or may not allow access from time to time to advertise certain third-party product or service providers ("Merchants") from which you may purchase certain goods and or services from. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and any Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, written, or implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site that may either be currently linked to our site or linked to our site at any future point.
Third-Party Merchant Policies We may or may not allow advertisements from Third-Party Companies and or Merchants in the future. At any point in time that we may allow this; whether it be current or at a future point; all rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. Privacy Policy Our Privacy Policy, may change at any given time; and we reserve the right to change this policy without notice, which is a part of this Agreement. You must review this Privacy Policy by clicking on the link for it.
Payments You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable sales tax as well as the shipping cost. At any given point that there may be advertisements of third-party merchants and or any links located within our site that you access and leave our site; at that point you are bound by all of the Policies, Terms of Service, and Payment guidelines that the given site has. It is your responsibility to review all of these policies if you leave our site and access one that is or was advertised within our site as once you leave our site you will be bound by the third-party web sites policies that you may be currently on.
Sales Tax Webtektronix charges sales tax for any and all orders being shipped
to the state of Ohio because this
is where our company is registered. We
charge a flat 7% sales tax rate for all Ohio
residents. Sales tax is calculated
according to your shipping address. We
have no control over this rate and any and all changes that the State of Ohio
makes to this rate will always be reflected in our Site.
Securities Law The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," “coming soon,” "intends," "will" and any and all other similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents. Links to Other Web Sites We may or may not from time to time have links to other Web sites located within our Site. At any point that we do we are not responsible for the content, accuracy, and or any such opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web Site on our Site does not imply approval or endorsement of the linked Web Site by us. If you decide to leave our Site and access these third-party Sites, you do so at your own risk. Legal Compliance You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein. Miscellaneous This Agreement shall be treated as though it were executed and performed in Oakwood, Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, products or services related thereto) must be instituted within one (1) week after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth as above. Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, Site operations, intellectual property, and our services, shall be settled solely by binding arbitration. 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 Oakwood, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or us may seek any interim or preliminary relief from a court of competent jurisdiction in Oakwood, Ohio necessary to protect the rights or property of you and us pending the completion of arbitration. Each party shall bear one-half of the arbitration fees and costs incurred.
The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall forever survive any termination of this Agreement.
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