AccuTec Blades (“AccuTec”, “we”, “us”, or “our”) owns all right, title, and interest in and to the website located at atblades.com (the “Website”), which is provided to you to for general information concerning our business for your personal use, education and communication with us (the “Services”). We welcome you to use our Services and wish to inform you about some important points to consider while using the Services. We have established the following terms and conditions (the “Agreement”) between you and us (as the operator of the Website). All references to “you” or “your” refer to you and any entity on behalf of which you use the Services. By using the Website and the Services available through the Website, you agree that this Agreement governs your use of the Website.
BY ACCESSING OR OTHERWISE USING THE WEBSITE, YOU AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE, ACCESS, OR SUBMIT CONTENT TO THE WEBSITE.
We may modify this Agreement at any time. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your use of the Services after a modification to this Agreement constitutes your acceptance of the terms of this Agreement, as modified.
You should also review our Privacy Statement, the terms of which are incorporated herein by reference and made a part of this Agreement.
AccuTec owns all information, text, reports, data, databases, graphics, images, sound recordings, audio and visual clips, photographs, programs, applications, software, and other content contained in the Services, as well as the collection, design, selection and arrangement thereof (collectively, the AccuTec Material). The names, marks, and logos appearing on the Services (collectively, the “Trademarks”) are owned by or licensed to AccuTec and are used by AccuTec with permission of the owner. The Trademarks and AccuTec Material are protected by trademark, copyright, and other intellectual property laws. AccuTec requires you to respect all intellectual property rights that we have or may have in and to the AccuTec Material and in the Trademarks, including:
- AccuTec Blades®
- American Line®
- Armor Edge™
- Gem Runner™
AccuTec hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and use the Website and Services for personal use in accordance with the terms of this Agreement. This license is contingent upon your full compliance with the terms and conditions of this Agreement and any other terms and conditions applicable to you as a subscriber. You agree to retain all proprietary notices on any copy you make of AccuTec Material. This license does not give you any ownership or other intellectual property right, title or interest in any AccuTec Material or the Trademarks.
You may not reproduce, perform, publicly display, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any AccuTec Material. Any reproduction, publication, distribution, assignment, sublicense, sale, or other uses of the AccuTec Material for any purpose not expressly permitted by this Agreement without written permission from AccuTec is strictly prohibited.
All rights not expressly granted to you under this Agreement are reserved by AccuTec.
3. Personal Information
You may be required to submit information such as your name, physical address, e-mail address, home and mobile telephone numbers (“Personal Information”) to use the Services. Your Personal Information will be handled in accordance with our Privacy Statement.
AccuTec may communicate with you via email regarding your use of the Website or to provide customer service. You agree to receive email communications AccuTec or its designees that are necessary for the normal functioning of the Website or in connection with the Services and to promptly comply with any and all such email communications.
5. Permitted Use of Website
The Website provides both general information concerning our business and services and provides a web-based portal for you to submit information to us. As a condition of your use of the Website, you agree that:
- You are an individual person or an authorized person at least 18 years of age;
- You will not transmit to the Website material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it;
- You will not send material that reveals trade secrets, unless you own them or have the permission of the owner to reveal them;
- You will not send material that infringes on any intellectual property rights of others or on the privacy, publicity or other rights of others;
- You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Website or on any of the AccuTec Materials;
- You will not use the Service, the Website or any of its resources to solicit other business partners of AccuTec to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with AccuTec;
- You will not send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing or that otherwise violates any applicable law to another person or entity;
- You will not send sexually-explicit images;
- You will not impersonate another person or entity;
- You will not post, upload or share any content or information that is false, inaccurate or misleading;
- You will not attempt to scan or test the security or configuration of the Website or to breach security or authentication measures without proper authorization;
- You will not tamper or interfere with the proper functioning of the Service or any part, page or area of the Website and any and all functions and services provided by AccuTec;
- You will not post, upload or share any content or information that contains any virus, worm, malware or other potentially damaging programs or data or attempt to interfere with the Service, including, without limitation, attempting to overload, “flood”, “spam”, “mail bomb” or “crash” the Website; and
- You will not use the Services in a manner inconsistent with any applicable laws and regulations.
You agree that disputes arising from an alleged violation of intellectual property rights may result in AccuTec suffering irreparable harm and that, in the event of such a dispute, AccuTec and/or its affiliates may obtain a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies and you hereby consent to AccuTec obtaining any such relief without the requirement to post a bond or other security.
Software from this Website may be further subject to United States export laws, rules and regulations, as amended from time to time. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
AccuTec reserves the right to investigate and take appropriate legal action against anyone who, in AccuTec’s sole discretion, violates this Agreement, including without limitation, reporting such violations to law enforcement authorities.
AccuTec may at any time, in its sole discretion, terminate this Agreement by discontinuing operation of the Services. AccuTec reserves the right to terminate you as a customer and prevent you from accessing the Website at any time and for any reason, including but not limited to your violation of this Agreement or the law. The violation of any of the terms and conditions set forth in this Agreement may result in the immediate termination of your right and license to use the AccuTec Material and obligates you to immediately destroy any copies of the AccuTec Material in your possession.
You agree that from time to time we may remove the Website for indefinite periods of time or cancel the Service at any time, without notice to you. While we use reasonable efforts to keep the Website and the Service accessible, the Website or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. AccuTec reserves the right to terminate your user account and/or to prevent you from using or accessing the Website at any time and for any reason. AccuTec retains the right to determine the content, appearance, design, functionality and all other aspects of the Website and the Service.
8. Accuracy, Completeness and Timeliness of Information
Although we strive for accuracy in all elements of the Website, it may contain errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Website is inaccurate at any time without prior notice (including after you have submitted your order). AccuTec is not responsible for your reliance on any information or content found on the Website, and AccuTec makes no representations about the accuracy, reliability, completeness, or timeliness of the Website, and is not responsible for the conduct, whether online or offline, of any person using the Website, including any person’s violation of this Agreement.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of our products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
We reserve the right to refuse or cancel any order you place with us for any reason. In the event that we make a change to or cancel an order, we may attempt to notify you via the email, billing address, and/or phone number provided to us when the order was placed.
10. User Submissions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, product reviews, electronic mail and other interactive features that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. Anything User Contributions may be used by AccuTec or its affiliates and service providers, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, AccuTec is free to use any ideas, concepts, know-how, or techniques contained in any User Contributions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products using such information.
Although AccuTec may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Website, AccuTec is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. AccuTec will fully cooperate with any law enforcement authorities or court order requesting or directing AccuTec to disclose the identity of anyone posting any such information or materials.
11. Disclaimer of Warranties
THE SERVICES, the website and THE ACCUTEC MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. AccuTec, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTies OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
You expressly agree that use of the Website is at your sole risk. Neither AccuTec, nor any of its employees or agents or any of their officers, directors, employees or agents, warrant that use of the Website will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of the Website or relying on the AccuTec Materials and Services, (ii) the accuracy, completeness, timeliness, legality, reliability or content of any information or service offered through the Website, (iii) any opinion, information, advice or statement expressed by AccuTec on the Services, (iv) the quality of any products, services, information, or other material that you obtain from the Services will meet your expectations, (v) that the Services will operate uninterrupted and error-free, or (vi) the files available for downloading from the Website, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.
12. Limiation of Liability
YOUR USE OF THE SERVICES AND THE ACCUTEC MATERIAL IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ACCUTEC SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, LOST PROFITS OR ANY OTHER SIMILAR DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, OR YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE WEBSITE OR ACCUTEC MATERIAL OR ANY USER CONTENT, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ACCUTEC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ACCUTEC OR ITS PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, OR AGENTS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY NATURE, INCLUDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, RESULTING FROM YOUR USE OF THE SERVICES, THE WEBSITE OR ACCUTEC MATERIAL OR FROM ANY USER CONTRIBUTIONS SUBMITTED VIA THE WEBSITE OR OTHERWISE IN CONNECTION WITH THE SERVICES. ACCUTEC SHALL NOT BE RESPONSIBLE FOR ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE SERVICING OR REPLACING OF EQUIPMENT, RESULTING FROM YOUR USE OF THE WEBSITE OR THE SERVICES.
ACCUTEC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. ACCUTEC IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE, OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM USE OF THE WEBSITE OR THE SERVICES.
You agree to defend, indemnify, and hold harmless AccuTec, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, and agents from and against any action, claim, demand, damages, loss, costs or expenses (including but not limited to attorneys’ fees and court costs) arising out of: (i) your use of the, Website, the Services or the AccuTec Material; (ii) your submission of User Contributions, (iii) any conduct by you that violates the terms of this Agreement; and (iv) your infringement of the intellectual property rights of third parties.
14. Third Party Websites
15. Compliance with Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
16. Additional Terms
Occasionally, AccuTec may notify you of additional terms and conditions that you are required to accept in order to receive certain services offered on or through the Services (the “Additional Terms”), which will be posted in specific areas and require reading and acceptance. The Additional Terms are incorporated herein by reference and made a part of this Agreement.
17. General Provisions
This Agreement is governed by the laws of Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Richmond Division and/or the Circuit Court for the City of Richmond, Commonwealth of Virginia, U.S.A., with respect to any dispute, disagreement, or cause of action related to the Services.
AccuTec’s failure to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it or any other provision at a later time.
AccuTec may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of AccuTec.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
Except as expressly provided elsewhere in respect of the Services, this Agreement constitutes the entire agreement between you and AccuTec with respect to your use of the Services and the Website.
Last updated: 01/12/2017