Website Terms of Use & Privacy
Website Terms of Use & Privacy
Your access to and use of this website (http://www.bevco.com) including the content, services, and software provided therein (collectively, the “Website” or “Site”) are subject to the following Terms of Use. If you do not agree to these Terms of Use, please cease accessing and using this Website. By using this Website or any application provided through this Website, you are agreeing to these Terms of Use
Content Ownership
The content of the Website (“Content”) is owned by Bevco Precision Manufacturing, Inc. (“Bevco”) or used with permission from third parties. Without limitation, the Bevco name and logos are registered trademarks of Bevco. All other company names and product names not owned by us which are included in our Website are trademarks and trade names of their respective owners. We do not grant, assign, license or transfer any right in or to the Website or the Content to you; all such rights are expressly reserved. You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Bevco or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Bevco or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Bevco.)
User Content
All information, including data, text, files, graphics and other materials that you transmit to the Website or supply to Bevco is referred to as User Content. By transmitting User Content on or through this Website, you agree that you are solely responsible for the transmission, accuracy, completeness, ownership and publication of that User Content, and that Bevco is not responsible for your transmission of the User Content. By transmitting User Content to Bevco or otherwise making User Content available on or through the Web Site, you grant Bevco a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display that User Content, in whole or in part, and/or to incorporate it in other works in any form, media or technology, and you agree that any “moral rights” in that User Content has been waived. Bevco does not monitor, review or edit User Content posted or made available on or through the Web Site. However, Bevco reserves the right, in its sole discretion, to refuse, edit or remove any User Content, in whole or part, that in Bevco’s judgment does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate. Bevco is not responsible for any decision, lack of decision or delay in editing or removing User Content.
Conduct
You may not transmit in any way User Content on or through the Website that: (i) infringes any proprietary rights of any party or person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements or policies of networks connected to the Website; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website; (v) collect or store information about the Users of the Website or the User Content posted by others on the Website or use such information for any purpose inconsistent with the purpose of the Website; or (vi) violate any applicable local, state, national or international law or regulation.
Liability Disclaimer and Disclaimer of Warranties
THE WEBSITE AND CONTENT ARE ALL SUBJECT TO CHANGE AND ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NONINFRINGEMENT. NEITHER BEVCO, NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO USE OF OR INABILITY TO USE OR ACCESS THE WEBSITE OR CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Indemnity
You agree to defend, indemnify and hold harmless Bevco and its affiliates, subsidiaries, employees, officers, directors, shareholders and agents from and against all claims and damages (including without limitation attorneys’ fees) arising out of your use of the Website, any violation of these Terms of Use, or any allegation that your user Content infringes or violates the patent, copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.
Third Party Websites
We may supply links to the websites of third parties as a convenience to you. We have no control over and therefore we have no responsibility or liability for these websites. We encourage you to review the privacy policies of other websites.
Linking to this Site
If you would like to link to the Site, you must follow Bevco’s link guidelines. Unless specifically authorized by Bevco, you may not connect “deep links” to the Site, i.e., create links to the Site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
Downloading Files
Bevco cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Revisions to Terms of Use
We may, at any time, without notice, revise these Terms of Use by updating this posting. You are bound by such revisions and we encourage you to periodically visit this page to review the current Terms of Use. We reserve the right to modify or discontinue this Website and may attempt to give you notice of such changes if they materially affect your use of the Website.
Termination
You understand and agree that we may terminate your access to or use of the Website at any time for any reason, without prior notice to you. We will not be liable to you or any third party for terminating your access to and use of the Website.
Privacy
At Bevco, we are committed to ensuring your privacy. We will share your identifying information upon a transfer of ownership, assets or bankruptcy, when required by law, when necessary to protect our interests or other Website visitors, and when otherwise agreed to by you. We may also share your information on a confidential and limited basis with trusted partners in connection with providing our products and services.
Identifying information we may collect includes your name, job title, business address, business email, telephone number in connection with the products and services we offer. We may also collect information such as your Internet protocol (IP) address used to connect your computer to the Internet, browser type, domain name, access time and referring Website address when you access our Website. Please note that you should submit only publicly available business contact information. Individual contact information which you submit to us should not include your private, non-business contact information.
We only use identifying information in accordance with applicable law. We will never sell, rent or trade your unique, identifiable information with any third party without your prior consent other than as outlined herein or if we are required by law to do so or we determine in good faith that it is necessary to disclose such information to: (a) comply with legal process served on us or the Website; (b) protect and defend our rights or property; or (c) act under time-sensitive circumstances to protect the personal safety of users of the Website or the public.
Please note that the Website may use “cookies” to help your experience on the Website. A cookie is a text file that is placed on your hard disk by a web server page. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. They are commonly used on websites to help facilitate your access to and use of a particular website.
You have the ability to accept or decline cookies. Some web browsers may automatically accept cookies, but you may be able to modify your settings to decline cookies if you prefer. However, please note that if you choose to decline cookies when accessing or using the Website, you may limit or prohibit some features of the Website.
We may also use various analytic tools and technologies to track your use of the Website. We will use these tools and technologies to help us better understand how the Website is being used and to allow us to enhance the quality of the Website for your use. These tools may allow us to store data regarding your web session.
This Website is not intended for use by children under the age of 18. We do not knowingly collect personal information from children under the age of 18.
We want to ensure we only keep accurate and up-to-date information. If you believe your information needs to be updated, please contact us at sales@bevco.com.
General Provisions
- Entire Agreement/No Waiver. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Bevco of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Bevco therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Bevco does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Bevco’s Privacy Policy, your use of the Site, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of Wisconsin, without regard to any conflict of law’s provisions. By using the Website, you agree and consent (i) that any claim or dispute with Bevco or relating in any way to your use of the Website will be heard exclusively in state or federal courts located in the State of Wisconsin and closest to Waukesha, Wisconsin; and (ii) to the exercise of personal jurisdiction in the courts of the state of Wisconsin, in connection with any such dispute.
- Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c) (2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
© 2016 Bevco Precision Manufacturing, Inc. All rights reserved. Rev. 8-2016