PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
REMINGTON INDUSTRIES, INC. ("Remington") OWNS THIS SITE, AND ALLOWS ACCESS AND PROVIDES USE OF THIS SITE ("the"Site"), AND THE REMINGTONIND.COM SITE ("Remington Site") (collectively the Site and the Remington Site are from time to time referred to herein as the "Remington Sites"), TO YOU SUBJECT TO YOUR STRICT COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Site Terms"). BY ACCESSING, BROWSING AND USING THE SITE YOU AGREE TO BE BOUND BY THE SITE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THE SITE, OR IF YOU DO NOT HAVE THE AUTHORITY OR DO NOT QUALIFY TO AGREE TO OR TO ACCEPT THE SITE TERMS, YOU ARE PROHIBITED FROM USING THE SITE.
A. Related Policies and Terms
The Site Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with Remington for products, services, or otherwise.
B. Modification of Site Terms
Remington reserves the right to modify these Site Terms in our sole discretion from time to time and only Remington has the right to do so. If Remington modifies the Site Terms we will post the modified Site Terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Site Terms as revised on the Site, and your use of the Site following the posting will constitute your acceptance of the updated Site Terms.
C. United States of America Usage
The Site is operated by a United States of America ("U.S.A.") entity and is governed by the applicable state and federal laws of the U.S.A. The laws of your jurisdiction may be more or less strict than the laws that apply to the Site. If you access the Site from outside the U.S.A. you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
D. License and Site Access
Remington grants you a limited license to make only personal use of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including, e.g., any Remington trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Remington or any third party. You may not use any meta tags or any other "hidden text" utilizing Remington's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks (as specifically defined in these Site Terms), design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of the Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to seek prosecution of all violators to the fullest extent of the law.
E. Changes, Misprints, Errors and Cancellations
Subject to applicable law, we: (a) reserve the right to change the goods and services advertised or offered for sale through the Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services advertised or offered for sale on the Site will be available when ordered or thereafter; (c) reserve the right to limit quantities sold or made available for sale; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process orders (including accepted orders) where the price or other material information on the Site is inaccurate or when we recognize abuse of our policies. If we do not process an order for any such reason we will advise you accordingly. Some jurisdictions may not allow the exclusions and disclaimers of certain implied warranties, so some of the provisions of this section may not apply to you.
F. Passwords and Security
If you use a password to access the Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Remington immediately. Remington reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your, password or requesting information to authorize transactions on your account. While Remington takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Remington communicates with you via unencrypted email from time to time at your request, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that by requesting information by email you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Remington may rely on the authority of anyone accessing your account or using your password and in no event shall Remington be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Remington under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
G. Intellectual Property
All Site Materials are owned by Remington and others and are protected by U.S.A. and international copyright, trademark and other laws.
EDGELINER and its respective design and/or logo, is a trademark of Remington and may not be copied, imitated or used, in whole or in part, without the prior written permission of Remington. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Remington, and may not be copied, imitated, or used, in whole or in part, without the prior express written permission of Remington. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
3. Restrictions on Use.
Except as stated in the Site Terms, none of the Site Materials and Intellectual Property described in these Site Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior express written permission of Remington or the respective intellectual property owner. You may electronically copy and print to hard copy portions of the Site for the sole purpose of using materials it contains for informational and non-commercial, personal use only. Any other use of the materials in the Site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Remington - is strictly prohibited.
To notify us of a copyright infringement, write to us at firstname.lastname@example.org or at our physical address:
REMINGTON INDUSTRIES, INC.
8822 Production Lane, Suite 101
Ooltewah, TN 37363
Include the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements)
a. The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. A description or identification of the copyrighted work you claim has been infringed.
c. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it.
d. Your address, telephone number, and e-mail address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
f. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner.
Repeated violations of others' copyrights may result in a loss of privileges.
1. Links to the Site.
You are granted a limited, non-exclusive right to create a hypertext link to only the home page of the Site, provided such link does not portray Remington or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Remington trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page, or form contained on a page without Remington's express written consent. All other linking is prohibited without prior consent from Remington. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Remington or any third party.
2. Third Party Links.
Remington makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from the Site, or web sites linking to the Site.
1. Your Information.
If you supply personal information on the Site, you agree that any information you provide to us will be current, accurate and complete.
2. Additional Submissions
3. Restrictions for Submissions
By using the Site, you agree not to do any of the following:
a. Upload to, distribute or otherwise publish through the Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
b. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the Nasdaq Stock Market;
c. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
d. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
e. Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information.
4. Policies and Enforcement
All access to and use of the Site is governed by and subject to the Site Terms. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Remington has the right, but not the obligation, to take any action we deem appropriate, including but limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Remington believes in its sole discretion may violate applicable law, the Site Terms or a third party's rights. Remington takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
5. Responsibility for Your Conduct
You agree to indemnify and hold harmless Remington and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Site Terms or any policy, and actual or attempted violations by a third party on behalf of a user of the Site will be considered violations of these Site Terms by such user.
The Site is designed for and intended for use by adults. If you are under 18 you may use the Site only with the direct involvement of a parent or legal guardian. If you are under the age of 13 you may not use the Site at all. If you are a parent or legal guardian you must monitor and supervise the use of the Site by children, minors and others under your care. You agree to be responsible for their use of the Site.
THE SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. REMINGTON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND SITE MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE OR MADE AVAILABLE ON THE SITE. REMINGTON DOES NOT REPRESENT OR WARRANT THAT SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. REMINGTON IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. REMINGTON DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF REMINGTON OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ISSUES. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE IS AT YOUR SOLE RISK.
Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Remington.
M. Limitation of Liability
IN NO EVENT SHALL REMINGTON BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THE SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
N. Applicable Law, Venue and Limitation of Actions
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee applicable to agreements made and entirely to be performed within Tennessee, without resort to or reference to, or application of, its conflict of law provisions. Regardless of where you access the site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Hamilton County, Tennessee, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of the Site Terms, Remington reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site, if you violate any of the Site Terms or its policies. Upon such termination the Site Terms shall still apply.
P. Consent to Email Communication
When you visit the Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email, by communicating by sending a message through the Site, or by posting a notice on the Site. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the Remingtonind.com site, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate personal information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.
Q. Legal Equivalency
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
If any provision of the Site Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Site Terms and shall not affect the validity and enforceability of any remaining provisions.
No waiver, express or implied, by either party of any breach of or default under these Site Terms shall constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
T. Contact Us
If you are experiencing difficulties using the Site, please contact us:
1. Call our Customer service representatives at 1-866-304-9881.
2. Email us at email@example.com
3. Write to us at:
Remington Industries, Inc.
Attention: Michelin Custom Mat Program
8822 Production Lane
Ooltewah, TN 37363.