TERMS & CONDITIONS OF USE FOR WURTH USA SIS WEBSITE

The Wurth USA SIS website ("Website" or "Site") is operated by Wurth USA ("Wurth").

IN ORDER TO USE THIS WEBSITE, YOU MUST READ, UNDERSTAND, AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS

("Terms"). Wurth may change the Terms from time to time. By continuing to use the Site following such modifications, you agree to be bound by such modifications to the Terms. Please read these Terms carefully, and feel free to contact Wurth for an explanation of any provisions herein you do not understand via the "Contact us" page on the Website or by calling SIS Hotline +1 800 864 6561.

1.   Intellectual Property, Proprietary Rights, Licenses, and Limitations.

The Website contains proprietary Wurth information in which Wurth has invested significant time, money and effort to develop. Wurth is the owner and/or authorized user of any patent, trademark, registered trademark, copyright, design right, know-how, processes, and/or service mark presented, used or made accessible on the Website and/or by means of the Website, including but not limited to any screens appearing at the Site. All property rights shall remain with Wurth or with the respective licensor in full. Wurth does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

2.   Use of Website.

1. Use of the Website is restricted to Wurth customers;
1. Under 30 day registration free of charge.
2. Under annual terms with annual sales volumes of at least $6,000. Access to the Site shall be reviewed annually at the time of a customer’s contract renewal.
2. You are completely responsible for any and all activity which occurs under your user name, password and email account.You agree to keep your password in the strictest confidence, and to notify Wurth of any unauthorized use of your email address or password or any other breach of security of which you become aware.
3. In consideration for your use of the Site, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the registration page, and (ii) to maintain and update this information to keep it true, accurate, current and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, Wurth has the right to terminate your account and refuse any and all current or future use of the Site.
4. You agree not to resell or transfer the Site or use of or access to the Site.
5. You acknowledge and agree that you in utilizing the Site you must: (i) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (ii) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device.
6. If you wish to make purchases through the Site, you agree not to hold Wurth liable for any loss or damage of any sort incurred as a result of any such dealings with any merchant or information or service provider through the Site. You agree that all information you provide any merchant or information or service provider through the Site for purposes of making purchases will be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services through the Site set their own prices and may change prices or institute new prices at any time. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Site.
7. Your use of the Website is restricted
1. The transmission of any material or data to the Website which is harmful, contains corrupt computer code, contains a virus, trojan horse, worm or other harmful component, or is otherwise malicious or harmful to Wurth, or attempts to corrupt the material, images of files of this Website is strictly prohibited. You may not use the Website to send or post any material which is obscene, pornographic, offensive, defamatory, unlawful, or otherwise harmful or detrimental to Wurth or the Website. You warrant and represent that any and all information provided by you through interaction with the Website is true and accurate. Wurth reserves the right to disclose or use aspects of the information which you provide, in the normal course of its business.
2. You may not restrict or inhibit any other authorized user from using and enjoying the Site.
3. You may not post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations.
4. You may not post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material).
5. You may not upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder.
6. You may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws.

3.   Warranties and Disclaimers

THE SITE, INCLUDING THE CONTENT, PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH IT, IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. TO THE MAXIMUM EXTEND PERMITTED BY LAW, WURTH DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (3) ANY WARRANTIES THAT THE APPLICATION WILL MEET ALL OF YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

Although Wurth shall endeavor to ensure that the website operates uninterrupted and error-free, it does not guarantee, represent, nor warrant that your use of the Website will be uninterrupted or erro-rfree. You acknowledge and agree that from time to time, Wurth may remove or otherwise limit access to the Website for periods of time at any time, without notice to you.

Neither Wurth, nor its licensors, represent or guarantee that the Website will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and Wurth expressly disclaims any liability relating thereto. You shall be responsible for backing up your own system.

Wurth may from time to time include as part of the Site computer software supplied by third parties, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. Wurth expressly disclaims any warranty or other assurance to you regarding such third party software.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WURTH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

4.   Limitation of Remedies and Damages

NEITHER WURTH NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WURTH HAS BEEN ADVISED FOR THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RESULTING FROM OR RELATING TO: (i) USE OF THE SITE; (ii) INABILITY TO GAIN ACCESS TO OR USE THE SITE; (iii) ANY BREACH OF ANY WARRANTY; (iv) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (vi) COPYING OR DISPLAY OF THE SITE OR ITS CONTENTS, REGARDLESS OF WHETHER WURTH HAS BEEN ADVISED OF THE POSSIBILITY THEREOF; AND/OR (vii) ANY OTHER MATTER RELATING TO THE WEBSITE.

You acknowledge and agree that your use of the Website, including any applets, software, and content contained therein, is solely at your own risk. Any material downloaded or otherwise obtained through the use of the Website is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

To the extent that any disclaimer or limitation on damages or liability contained herein are prohibited or limited by applicable law, Wurth shall be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity and in no event shall such damages or liability incurred by Wurth exceed $6,000.

5.   Service

Wurth has no obligation to monitor the Site. However, you acknowledge and agree that Wurth has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Wurth will not intentionally monitor or disclose any private electronic-mail message unless required by law. Wurth reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms.

Unless otherwise indicated for a particular communication, any communications or material of any kind that you e-mail, post or otherwise transmit through this Website, including data, questions, comments or suggestions ("Your Communications") will be treated as non-confidential and nonproprietary. In addition, Wurth is free to use any ideas, concepts, know-how or techniques contained in Your Communications for any purpose including, but not limited to, developing and marketing products without compensation or notice to you.

Wurth retains the right, at its sole discretion, to implement limits to the nature or size of storage available to you, the access to modules, the number of transmissions and email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of Wurth actions may impair or prevent you from accessing your content or using the Site at certain times and/or in the same way, for limited periods or permanently, and agree that Wurth has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content.

Wurth may from time to time engage certain affiliates or other third parties to provide all or part of the Site to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge and agree that in using the Website to send electronic communications (including but not limited to email and uploading content, and other Internet activities), you will be causing communications to be sent through computer networks owned by Wurth and third parties that are located in California and other locations in the United States and other countries and that, as a result, your use of the Website will likely result in interstate data transmissions. You understand that Wurth, in performing the required technical steps to provide the Site to its customers, may make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media.

Wurth reserves the right to change any information on the Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which Wurth USA assumes no responsibility of any kind for the content, availability or otherwise. The content presented at the Site may vary depending upon your browser limitations.

6.   Privacy Policy

Wurth may request you to provide personally identifiable information on the Site, which may include your name, address, telephone number, fax number, company name, and/or e-mail address. This information can be gathered when you send Wurth feedback or an e-mail, when you register for certain services or seminar registrations, when Wurth sets cookies, or when you respond to inquiries on the Site.

Wurth collects information from and about you in order to identify you as its customer, establish and manage customer accounts, complete customer transactions, understand customer needs through market research, market products and services, and to comply with legal and regulatory requirements. Wurth does not collect personally identifying information from visitors to the Site unless this information is directly provided by the visitor or through the visitor's browser. Wurth will not use information provided through your use of the Site except to measure and analyze website traffic, and except as described below. Information relating to use will not be provided or sold to third parties for their marketing purposes. However, Wurth does utilize third party software and services to assist it with analyzing information regarding use of the Site. Wurth may also disclose your information to others for other purposes, particularly if required to do so by law.

Wurth reserves the right to change the aforementioned policy and the collection of information at any time, without advanced warning to users of our site. Should any new policy go into effect, Wurth will post it on the Site, and the new policy will only apply to information collected thereafter. Visitors will be able to "opt out" of our collection of any personally identifying information under any such policy.

Wurth shall use reasonable measures, including encryption, to ensure that your personal information submitted by you in connection with the Website is disclosed only to those specified by you. However, the Internet is an open system and we cannot and do not guarantee that the personal information you have entered will not be intercepted by others and decrypted. You acknowledge and agree that your submission of any information to the Site is at your sole risk, and Wurth hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

7.   Failure to Comply with Terms; Termination.

You acknowledge and agree that Wurth may terminate your password or account or deny you access to all or part of the Site without prior notice for any reason , in its sole discretion, including if you engage in any conduct or activities that Wurth in its sole discretion believes violate any of these Terms, violate the rights of Wurth, or is otherwise inappropriate for continued access. You further acknowledge and agree that Wurth may in its sole discretion deny you access through the Site to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet, and Wurth shall have no responsibility to notify you nor any third-party providers of such services, merchandise or information of such access denial, nor shall Wurth have any responsibility for any consequences resulting from such access denial and/or a lack of notification thereof.

8.   Indemnification.

You agree to defend, indemnify and hold Wurth and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site or the placement or transmission of any message, information, software or other materials through the Site by you or users of your account or related to any violation of these Terms by you or users of your account.

9.   Miscellaneous

1. These Terms and/or the use of the Website are governed by (and shall be construed in accordance with) the law of the State of New Jersey without application of its conflict of law provisions. You agree that the sole and exclusive jurisdictions and venues for actions arising out of these Terms and/or relating to the Website shall be in the New Jersey Superior Court, Bergen County, New Jersey and/or the Federal court encompassing Bergen County, New Jersey.
2. If any part of these Terms is determined to be legally invalid or unenforceable, 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 the Terms shall continue in effect.
3. Wurth may delay enforcing its rights under these Terms without losing them.
4. You agree that Wurth may sub-contract the performance of any of its obligations or may assign these Terms or any of its rights or obligations without giving you notice.
5. These Terms form the entire understanding between you and Wurth concerning your use of the Website.

10.   Website Queries

If you have any specific queries related to the Website, please contact Wurth via the "Contact Us" link or call us at 1-800-864-6561.

EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASES FOR THE THE PERMITTED USE OF THE WEBSITE AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS AND IN THE DECISION BY EACH PARTY TO AGREE TO THESE TERMS.