Acceptance of Terms and Conditions of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions. If you do not agree to these terms and conditions, YOU SHOULD NOT USE THIS WEBSITE. YOUR USE OF THIS WEBSITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE, AND BASED ON THAT ACCEPTANCE, INDUSTRIAL TEST SYSTEMS, INC. (ITS) GRANTS YOU PERMISSION TO USE THIS WEBSITE, SUBJECT TO THESE TERMS AND CONDITIONS OF USE.
Ability to accept Terms and Conditions of Use
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms and Conditions of Use, and to abide by and comply with these Terms and Conditions of Use.
Changes to Terms and Conditions of Use
ITS reserves the right, from time to time, with or without notice to you, to change these Terms and Conditions of Use (other than the provision requiring binding arbitration) in our sole and absolute discretion. The most current version of these Terms and Conditions of Use can be reviewed by clicking on "Terms and Conditions of Use" on the Website. The most current version of the Terms and Conditions of Use shall supersede all prior versions.
Intellectual Property Rights
Copyrights
The entire content of this website, including but not limited to text, graphics and code, is the property of ITS and is protected by United States and international copyright laws and treaties; and subject to the following limited license, any violator of these protected rights shall be liable to the full extent allowed by law.
A limited license is granted to electronically copy, download and print portions of this website for the sole purpose of placing an order with ITS or purchasing ITS products. Any other use, including but not limited to the reproduction, distribution, display for your own commercial use, or transmission of the content of this website is strictly prohibited without the prior written consent of ITS. ITS reserves all intellectual property rights not expressly granted, in and to the Website.
Trademarks
All trademarks used on the Website are trademarks or registered trademarks of ITS, unless otherwise indicated, and any unauthorized use thereof or of the trade name of ITS, is strictly prohibited.
If you download or print a copy or portion of the Website, you must retain all copyright and other proprietary notices contained therein. Your change to or deletion of any proprietary notices including copyright and trademark notices, from the content of this site is strictly prohibited.
Typographical Errors
In the event that a product is mistakenly listed at an incorrect price, ITS reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. ITS reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, ITS shall issue a credit to your credit card account in the amount of the incorrect price.
Warranty Disclaimer & Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW. ITS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, LACK OF VIRUSES, IN CONNECTION WITH YOUR USE. ITS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT.
IN NO EVENT SHALL ITS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Indemnity
You agree to defend, indemnify and hold harmless ITS, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) relating to your use of this Website and arising from: (i) your violation of any term or condition of these Terms and Conditions of Use; or (ii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right.
Dispute Resolution (Binding Arbitration)
YOU AND ITS AGREE TO TRY TO RESOLVE ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE, TO THESE TERMS AND CONDITIONS OF USE, OR TO THE SCOPE OR VALIDITY OF THIS PROVISION, WITHOUT RESORTING TO BINDING ARBITRATION OR A COURT OF LAW, BUT IF WITHIN 45 DAYS OF NOTICE OF SUCH A DISPUTE BEING RECEIVED BY YOU OR ITS, THE DISPUTE HAS NOT BEEN RESOLVED, YOU AND ITS AGREE THAT 1)THE DISPUTE SHALL BE RESOLVED EXCLUSIVELY BY BINDING ARBITRATION CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH THE AAA’S CONSUMER OR COMMERCIAL ARBITRATION RULES (AS APPROPRIATE), 2) EXCEPT WITH RESPECT TO APPLICABLE FEDERAL LAW, AND WITHOUT REGARD TO CHOICE OF LAW PROVISIONS OR CONFLICT OF LAW RULES, THE LAWS OF THE STATE OF SOUTH CAROLINA EXCLUSIVELY SHALL CONTROL, 3) THE ARBITRATION SHALL BE HELD IN COLUMBIA, SOUTH CAROLINA, 4) THERE SHALL BE ONE ARBITRATOR, 5) THE DECISION SHALL BE FINAL, BINDING, AND MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION, AND 6) EACH PARTY SHALL BEAR ITS OWN COSTS. YOU AND ITS UNDERSTAND THAT BY AGREEING TO THIS PROVISION, EACH OF YOU IS GIVING UP THE RIGHT TO TRIAL BY JURY.
YOU AND ITS FURTHER AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT ON A CLASS-WIDE, COLLECTIVE OR MULTIPLE‐PARTY BASIS, AND THAT ANY ARBITRATION PROCEEDING BETWEEN US MAY NOT BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING BETWEEN ITS AND ANY OTHER PERSON.
Should the foregoing binding arbitration provision or any other provision of these Terms and Conditions be declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms and Conditions of Use shall be enforceable; provided additionally in the case of severance of the binding arbitration provision you and ITS agree, without regard to choice of law provisions or conflict of law rules, that the dispute, including any dispute concerning Federal Law, shall be resolved in the state or federal courts located in Columbia, South Carolina, and you and ITS agree to jurisdiction and venue in Columbia, South Carolina.
To the extent that a court of law is necessary to enforce an arbitration decision, you and ITS agree, without regard to choice of law provisions or conflict of law rules, that jurisdiction and venue shall be in the state or federal courts located in the Columbia, South Carolina, unless otherwise necessary for enforcement against you in another court of competent jurisdiction by ITS.
General
Any cause of action or claim you may have with respect to our Website (including but not limited to the purchase of ITS products) must be commenced within the time permitted by applicable law after the claim or cause of action arises. Your obligations under these Terms and Conditions of Use and your agreement to the provisions of these Terms and Conditions of Use shall continue for a period of time equal to the period of time during which you have a legal right to commence any such cause of action or claim.
ITS' failure to enforce performance of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any such provision or of any right of ITS. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use.
If any provision of the “Terms and Conditions of Use” is declared void or unenforceable or deemed in contravention of law, it shall be severed and the remainder of these Terms and Conditions of use shall remain enforceable.