Welcome to the Sutton High Performance web site (the “Web Site”).
BY PROCEEDING TO USE THE WEB SITE PROVIDED BY SUTTON HIGH PERFORMANCE (“SUTTON”), YOU (“USER” or “YOU”) ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN PLEASE DO NOT USE THE WEB SITE.
USE
Sutton agrees to provide the User with non-exclusive access to and use of the Web Site subject to the terms of this Agreement. Access to the Web Site is licensed, not sold. Unless otherwise indicated, the Web Site and all materials on this web site, including without limitation, the text, images, photographs, and other copyrightable materials (“Content”), are proprietary to Sutton and Sutton is the owner of all worldwide rights under copyright. Except for purposes of accessing and viewing the Web Site, the Content may not be reproduced, displayed, modified or distributed in any way without prior written consent from Sutton.
ACCESS
You agree that from time to time the Web Site may be inaccessible or inoperable for any reason, including, without limitation, malfunctions, periodic maintenance or repairs which Sutton may make from time to time, or causes beyond the control of Sutton or which are not reasonably foreseeable. Sutton may change the information and services provided on the Web Site at any time and without notice to the User.
PHOTOGRAPHS
All photographs submitted or posted to the Web Site become the property of Sutton. Sutton may, in its sole discretion, remove any photograph for any reason and may use any photograph for any purpose. You agree that You will not post any photograph that is scandalous, obscene or defamatory of any person or entity. By submitting or posting a photograph to the Web Site, You represent and warrant that You are the owner of such photograph and have full power and authority to transfer rights in the photograph to Sutton. You further warrant and represent that any such photograph that You submit or post to the Web Site does not infringe on the intellectual property rights of any third party. You agree to indemnify and hold harmless Sutton, from and against, any claims, damages, costs, and expenses (including reasonable attorney’s fees) arising from a breach of any representation or warranty.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under this Agreement and that you shall comply with all terms and conditions of this Agreement.
LIMITATION OF LIABILITY
The User assumes all responsibility for use of the Web Site, and the Internet in general, and waives all claims against Sutton Ford, Inc., its subsidiaries, employees, and suppliers.
UNDER NO CIRCUMSTANCES WILL SUTTON BE LIABLE TO THE USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS TERMS OF USE AGREEMENT, USER’S USE OF THE WEB SITE, OR THE INFORMATION PROVIDED ON THIS WEB SITE. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEB SITE.
DISCLAIMER
THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE WEB SITE IS AT YOUR SOLE RISK. SUTTON DOES NOT WARRANT THAT THE WEB SITE WILL BE UNINTERRUTPED OR ERROR FREE, AND MAKES NO WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE. SUTTON MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN RELATION TO THE WEB SITE.
SUTTON DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE ACCURACY OF ANY INFORMATION ON THE WEB SITE. ALL INFORMATION PROVIDED ON THE WEB SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
PRODUCTS
Except where stated otherwise and to the fullest extent permitted by law, all products are sold AS IS, WITH ALL FAULTS AND WITHOUT WARRANTY, EXPRESS OR IMPLIED. Sutton makes no guaranty of availability of any product on this Web Site.
SECURITY
While all reasonable attempts are made to ensure that data transmitted via the Web Site between Sutton and the User is transmitted securely and safely, Sutton makes no guaranty that the information will not be intercepted. USER ASSUMES ALL RISKS OF TRANSMITTING INFORMATION THROUGH THE WEB SITE.
LINKS
Through this Web Site, Sutton, from time to time, may provide links to third-party web sites (“Third Party Sites”). These links are provided as a convenience to the user and the Third Party Sites are not under the control of Sutton and Sutton is not responsible or liable for the services or contents of any Third Party Site. The inclusion of any link on this Web Site is not an express or implied endorsement by Sutton.
TERMINATION
Sutton may remove all the Web Site or deny access to any User at any time and terminate this Agreement without notice.
MISCELLANEOUS
This Agreement shall be governed by the laws of the State of Illinois and the United States of America without reference to conflicts of laws. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Web Site after such amendment shall be deemed to constitute acceptance of such amended terms. No failure, delay in exercising or enforcing any right or remedy hereunder by Sutton shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed omitted, and the balance of the Agreement shall remain enforceable.
