Terms of Use

 

Last Updated: December 5, 2009

 
Please read the following general website Terms and Conditions (these "TCs" or “Agreement”) carefully before accessing or using PERFORMANCESCREEN.COM , BUYARIP.COM or WORKHORSEAUTOMATICS.COM websites (the “Site” or “Sites”) or before using the various services we provide or purchasing the various products we sell online, as defined below, so that you are aware of your legal rights and obligations with respect to the Sites of PERFORMANCE SCREEN SUPPLY, LLC, its affiliates, parents and subsidiaries (individually and collectively, "we," "us," or "PERFORMANCE SCREEN SUPPLY, LLC "). 
 
User/visitor access to the Sites is void and unauthorized where prohibited by applicable law or regulation.
BY USING OR ACCESSING THE SITES OR USING OUR SERVICES, INCLUDING AGREEING TO PARTICIPATE IN A SERVICE OE PURCHASING PRODUCTS OR SERVICES, YOU (I) SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE GENERAL TCs AND (II) REPRESENT THAT YOU ARE OF LEGAL AGE TO AGREE TO THESE TCs.
IF YOU ARE YOUNGER THAN 18 YEARS OLD, YOU ARE NOT ALLOWED TO USE OR EVEN ACCESS THE SITES AND/OR THE SERVICES OR TO CREATE AN ACCOUNT.
PLEASE DO NOT USE THE SITES, WHETHER AS A VISITOR, USER OR MEMBER, IN THE EVENT YOU DO NOT AGREE OR CONSENT TO BE BOUND BY THESE TCs. .
Our business changes constantly, as do our Privacy Policy and any rules and regulations posted on the Sites, including these TCs.  We may or may not e-mail, text or in other ways provide you with periodic reminders of changes to our policies, but it is your expressed obligation to check the Sites frequently to see if there are any recent changes to any of our policies or these TCs.  Performance Screen Supply reserves the right to revise this TCs at any time without providing notice to visitor/users. Your continued use of the Sites and/or the Services (as hereinafter defined) shall be deemed an irrevocable acceptance of any such revisions.
 
IMPORTANT INFORMATION TO NOTE:
 
.         Any controversy, claim, demand or dispute arising out of or in relation to any portion of this Agreement, or the breach thereof, must be resolved by a court located in Monmouth County, New Jersey except as otherwise described in the ARBITRATION OPTION Section (see section below and www.adr.org for further details). 
 
·         As long as you access or use the Sites, you accept and agree to be bound by these TCs, any rules of the Sites, and the Privacy Policies of the Sites and/or Services (as hereinafter defined).  Said acceptance shall be in full force and effect for as long as you utilize the Services (as hereinafter defined).
 
·         Please make sure that you visit these TCs often to check for any updates or revisions.  Your continued use of the Sites after changes or revisions have been made constitutes your acceptance of such updates or revisions irrespective of whether you examined, checked, read or agreed to any of the changes made.  If at any time, you disagree with these TCs or any subsequent revisions made, it is your sole responsibility to discontinue use of the Sites or the Services (as hereinafter defined).  
1. The Sites.  Our Sites are designed to provide you with a variety of information concerning (i) products we offer; (ii) services we offer; (iii) technical and educational information; (iv) other materials concerning our company.  Our Sites also allows visitor/users to request information, including, but not limited to requests for or subscriptions to catalogs, newsletters, publications or other products. 
 2. PERFORMANCE SCREEN SUPPLY, LLC Reservation of Rights: All information, software, artwork, text, video, audio, pictures and other content on the Sites (“Content”), and the trademarks, service marks and logos contained therein (the “Marks”), including all associated intellectual property rights, are the property of PERFORMANCE SCREEN SUPPLY, LLC and its licensors, and are protected by copyright and other intellectual property laws.  PERFORMANCE SCREEN SUPPLY, LLC retains all rights with respect to the Sites except those expressly granted herein.  The copying, redistribution or publication by you of any part of the Sites, Products and Services is strictly prohibited unless otherwise expressly permitted. You do not acquire ownership rights to any Content, Marks, services or other materials viewed at, on or through the Sites and Services.
3. Links to Third-Party Sites:  The Sites may contain links or produce search results that reference links to third party web sites (collectively “Third-Party Sites”).  PERFORMANCE SCREEN SUPPLY, LLC has no control over these Third-Part Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Third-Party Sites.  PERFORMANCE SCREEN SUPPLY, LLC does not endorse the content of any Third-Party Site, nor does PERFORMANCE SCREEN SUPPLY, LLC warrant that a Third-Party Site will be free of computer viruses or other harmful code that can impact your computer.  By using the Sites to search for or link to another site, you agree and understand that such use is at your own risk. 
4. Term/Termination: PERFORMANCE SCREEN SUPPLY, LLC reserves the right at any time to terminate or suspend your access to some or all Sites if you engage in activities we conclude, in our sole and absolute discretion, a breach of this Agreement. 
PERFORMANCE SCREEN SUPPLY, LLC may provide notice to you of such termination through any reasonable means including, but not limited to, sending notice to you at the e-mail address that you provided. Such termination is effective upon transmittal by PERFORMANCE SCREEN SUPPLY, LLC. However, your obligations of indemnification pursuant to Sections 2, 6, 7, 8, 9, 12 and 13 of this Agreement shall survive any termination of this Agreement. 
5.        Online Conduct: As a condition to your use of the Sites, you agree herein to follow our rules set out below (“Rules of Conduct”).  Under the Rules of Conduct you will not:
·         Use the Sites in a manner that could disable, overburden, or impair the Sites or interfere with any other user’s access to or use of the Sites.
·         Seek to obtain access to any materials or information that we have not intentionally made available to you on the Sites through “hacking” or the use of web crawlers, bots or spiders.  
·         Submit any material that is intentionally false, misleading, defamatory, unlawfully threatening, illegal, or unlawfully harassing.
·         Transmit materials through the Sites that you know or should know contain viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programs or scripts that are intended to damage, detrimentally interfere with, intercept, or extract any system, data or personal information. 
6. Disclaimer
·         Sites Functionality and Availability.  PERFORMANCE SCREEN SUPPLY, LLC does not promise that the Sites will be error free or uninterrupted, or that the Sites will provide specific results from your use.  PERFORMANCE SCREEN SUPPLY, LLC DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE FUNCTIONALITY OR AVAILABILITY OF THE SITES. 
·         Information Presented on the Sites.  The Information presented on the Sites is provided as a courtesy of PERFORMANCE SCREEN SUPPLY, LLC and are provided on an “AS-IS” and “AS AVAILABLE” basis, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  The Sites are not intended to substitute for professional screen printing and embroidery advice.  PERFORMANCE SCREEN SUPPLY, LLC EXPRESSLY DISCLAIMS ANY REPRESENATION OR WARRANTY EXPRESS OR IMPLIED CONCERNING THE ACCURACY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE.  NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERFORMANCE SCREEN SUPPLY, LLC THROUGH THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.  Users/visitors accessing this information assume full responsibility for the use of the information and acknowledge and agree that PERFORMANCE SCREEN SUPPLY, LLC is not responsible or liable for any claim, loss or damage arising from the use of the information. 
All recommendations and statements made are based upon our research and experience. However, since we have no control over the conditions of use and storage of the products sold, we cannot guarantee the results obtained through the use of our products. All products are sold and samples given without any representation or warranty expressed or implied, of fitness for any particular purpose or otherwise, and upon condition that the buyer shall determine the suitability of the product for its own purpose. This applies also where protective rights of third parties are involved. It does not release the user from the obligation to test the suitability of the product for the intended purpose and application.

7. Privacy: Your privacy is very important to us.  To better protect your rights, we have provided you with our Privacy Policy, which may change from time to time, without Notice, to explain our privacy practices. To read our Privacy Policy, please use the following link provided on the Sites’ home page:
8. Limitation of Liability:  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL PERFORMANCE SCREEN SUPPLY, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO (i) YOUR USE OF THE SITES, OR (ii) YOUR USE OF THE SERVICES.
9. Indemnification: You agree to indemnify, defend and hold PERFORMANCE SCREEN SUPPLY, LLC, and its subsidiaries, affiliates, officers, parent companies, agents, or other partners, and employees (each a "Covered Party"), harmless, at your expense, against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable attorneys' fees and other dispute resolution expenses) incurred by any Covered Party or arising out of, (i) your use or misuse of the Sites, the Services and/or arising from your breach of this Agreement, or (ii) violation or breach of any term of these TCs or any policies, rules or guidelines referenced herein.
10. Contact for Copyright Infringement:  PERFORMANCE SCREEN SUPPLY, LLC respects the intellectual property rights of others and requires that its users do the same.  If you feel that any content available on the Sites or through the Services constitutes infringement of a work protected by copyright (a “Work”), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”) to respond to such concerns, as follows:
PERFORMANCE SCREEN SUPPLY, LLC
Attn: Bob Drake
600 Park Avenue, Suite 100
Manalapan, NJ 07726
bob@performancescreen.com 
Your notice must comply with DMCA. (see 17 U.S.C. § 512(c)(3) for detail).  Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.  You acknowledge if your notice does not comply with the DMCA, your notice may not be valid. 
11.    Modification:  If we modify or amend any of the terms herein, any such modification will take effect proactively, upon your subsequent access of the Sites.  Please be sure to review these TCs frequently to check for any modifications or amendments hereto. 
12.    Dispute Resolution:  If a dispute arises between you and PERFORMANCE SCREEN SUPPLY, LLC, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and PERFORMANCE SCREEN SUPPLY, LLC agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our Products or Services (a "Claim") in accordance with one of the subsections below or as you and we otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution bob@performancescreen.com . We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Choice of Law and Forum- This Agreement shall be treated as though it were executed and performed in Monmouth County, New Jersey and shall be governed in all respects by the laws of the State of New Jersey without regard to conflict of law provisions. You agree that any claim or dispute you may have against PERFORMANCE SCREEN SUPPLY, LLC must be resolved by a court located in Monmouth County, New Jersey, except as otherwise agreed by the parties or as described in the Arbitration Option Section below. You agree to submit to the personal jurisdiction of the courts located within Monmouth County, New Jersey for the purpose of litigating all such claims or disputes.
Arbitration Option- For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against PERFORMANCE SCREEN SUPPLY, LLC must be resolved in accordance with this Dispute Resolution Section. All claims filed or brought contrary to this Dispute Resolution Section shall be considered improperly filed. Should you file a claim contrary to the Dispute Resolution Section, PERFORMANCE SCREEN SUPPLY, LLC may recover attorneys' fees and other related costs, provided that PERFORMANCE SCREEN SUPPLY, LLC has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.   
13. Legal Warning: Any attempt by any individual, whether a user or visitor or otherwise, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Sites and/or Services, is a violation of criminal and civil law and PERFORMANCE SCREEN SUPPLY, LLC will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
14. Sites Administration:  If you have any comments or questions regarding the administration of the Sites, please contact us at the following address: bob@performancescreen.com       
15. Contact Us: PERFORMANCE SCREEN SUPPLY, LLC
Attn: Bob Drake
600 Park Avenue, Suite 100
Manalapan, NJ 07726
bob@performancescreen.com
© 2007 Performance Screen Supply - All rights reserved