Disclaimer

TERMS AND CONDITIONS OF USE

 

PERMITTED USERS

Use of the Website is void where prohibited.  Our Website is not intended for use by anyone other than residents of the United States of America and Canada.  Residents of jurisdictions other than the United States of America and Canada should not use this Website or register to become Subscribers.  Our affiliated companies in other nations may have websites which are directed to residents of their respective nations.

Our Website is not intended for use by anyone under the age of eighteen, and persons under the age of eighteen are not permitted to become Subscribers.  Our Website is not directed at children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen through the Website.  If we become aware that we have inadvertently received information from a visitor under the age of thirteen through the Website, we will delete the information from our records.  

We reserve the right to block any User who violates this Policy.  Except as required by law, we may retain User information, data, and content for business or legal purposes, at our sole discretion.

OTHER WEBSITES

Our Website may contain links to other websites which are not owned or controlled by us.  If you follow a link to a third party's website, we do not assume any liability for the performance, quality, accuracy, timeliness, reliability, or any other aspect of products or services on any other website, and can make no representation or warranty with regard to such third party sites.  We are not responsible for third parties' legal or privacy policies, nor for their processing of personal data.  We encourage you to read the privacy statements of any third-party sites you visit, whether linked from our Website or otherwise.

 

OWNERSHIP AND ACCESS

Subject to your compliance with this Policy, we grant you a limited, revocable right to access and make personal use of the Website.  You shall not modify the Website and shall not reproduce, duplicate, copy, sell, or resell the Website, any portion thereof, or any products, services, or other content on this Website.  This limited right does not include any resale or commercial use of the Website or its products, services, or other content; any derivative use of this Website, its products, services, or other content; or any use of robots or other data mining, gathering, and extraction tools. 

PROVIDER CONTENT

By providing any information to us or through the Website, you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, transmit and use such information and materials, and you further agree that we are free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide through the Website.  

You understand and agree that all content and other personal information that you supply to us will be stored in and accessible from locations within and without the United States of America, for the purposes set forth herein, and may be subject to production or disclosure requirements by United States authorities in accordance with applicable United States laws.

Subscribers understand and agree that, by providing any personal information, personally-identifiable information, or other information (collectively, the "Content") in response to our online surveys through our Website, you grant us an unrestricted, irrevocable, worldwide, royalty-free license to use, produce, display, transmit, and distribute such information and materials, and you further agree that we are free to use any ideas, concepts, or know-how that you or individuals acting on your behalf provide through participating in our online surveys as Subscribers.

The Website is owned and operated by Boon Edam, Inc., and our address is 402 McKinney Parkway, Lillington, North Carolina 27546.  If you have any questions about this Privacy Policy and Terms and Conditions of Use, please contact us.  We can be reached at the above address, by telephone at (910) 814-3800, and by e-mail at sales@boonedam.us.

INTERACTIVE SERVICES

We may, from time to time, provide "Interactive Services" on or through our Website, including, without limitation:

  • Provider-generated Content
  • Bulletin boards
  • Discussion forums
  • Social media platforms
  • Surveys

You should never send or post proprietary, sensitive, or secret information to or through the Website.  Such information goes beyond the information covered by this Policy, and we will not be responsible for collecting, protecting, or reviewing it. 

You agree that you will not provide any information or materials to us that are abusive, untrue, deceptive, defamatory, threatening, obscene, harassing, or otherwise unlawful, or that infringes upon or incorporates the proprietary material of another.  Where we do provide any interactive service, we will have no duty to monitor the use of the Interactive Services nor will we have any duty to moderate the Interactive Services.  We are not responsible for the actions or inactions, or statements or omissions, of any other person or entity in connection with the Interactive Services.  We reserve the right to remove any content from the Interactive Services, regardless of its source, at our sole and uncontrolled discretion, but we will have no obligation to do so.  You waive the right to bring or assert any claim against us relating to Content, and you release us from any and all liability for or relating to any Content.

CANADIAN RESIDENTS

Users and Subscribers who are residents of Canada are notified that if they provided "personal information" to us, as that term is defined in the Canadian Personal Information Protection and Electronic Documents Act (PIPEDA), we will comply with PIPEDA with respect to such information.   To exercise your rights under PIPEDA, please contact us by telephone at (910) 814-3800 or by e-mail at sales@boonedam.us.      

LIABILITY AND INDEMNITY

You, the User, agree that use of the Website is at your sole risk.  The Website is provided on an "AS IS" and "AS AVAILABLE" basis, except as otherwise prohibited by applicable law.  We expressly disclaim any representation or warranty of any kind, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property.  We do not guarantee any specific results from use of the Website.  No advice or information, whether oral or written, from or through use of the Website shall create any representation or warranty not expressly stated herein.  We assume, and shall have, no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, your communications, Data, or Content.  We are not liable for any problems or technical malfunction caused by any of the equipment or programming associated with or utilized by the Website.  Except in jurisdictions where such provisions are restricted, in no event shall we be liable to you or any other person, entity, or organization for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from or in any way related to your use of the Website, your purchase or use of any of the products or services offered, advertised, or sold through the Website, or any of the Website content or other materials, even if arising from our negligence and even if we are aware or have been advised of the possibility of such damages.  Notwithstanding anything to the contrary contained herein, our liability to you for any cause of action, claim, or liability whatsoever, and regardless of the form of the cause of action, claim or liability, shall at all times be limited to the amount paid, if any, by you directly to us for the specific product or service which is the subject of the claim, but in no event shall our liability to you exceed One Hundred Dollars ($100.00).  You acknowledge that if no fees are paid to us by you for any product or service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from us, regardless of the cause of action.You, the User, agree to defend, indemnify, and hold us harmless from and against any and all loss, damage, claim judgment, demand, liability, or expense (including reasonable attorneys' fees and expenses), in any way related to, arising out of, or connected with: (i) User's Content or data; (ii) User's use of the Website; (iii) User's providing of false, inaccurate, misleading, or fraudulent Data or other information to us; (iv) User's connection to the Website; (v) User's violation or breach of this Policy; (vi) User's violation or breach of any representation or warranty made by User to us; (vii) User's violation or breach of any third party right, including without limitation, any intellectual property right, defamation, breach of confidence, or privacy right; or (viii) Any claim that User's Content caused damage to a third party.  User's obligations shall survive the termination of User's use of the Website and termination of Subscriber's registration.  User is solely responsible for his/her actions when using the Website, including, but not limited to, costs incurred for Internet access.

SUCCESSORS

In the event that we are acquired by or merged with any third party entity (including the sale of substantially all of our assets or of substantially all of any business unit), we reserve the right, in any of these circumstances, to transfer or assign your content, data, personal information, and the licenses obtained from you.  In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.  You understand this and agree to hold us harmless in such circumstances.

ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS

You hereby represent, warrant, acknowledge, and agree that (a) each of your affirmative acts of (i) accessing and using the Website and/or the products or services offered or provided through the Website or (ii) signing, agreeing to, or accepting this Policy, by electronic signature, clicking a button, or some other means or method as may be required by us, constitutes your valid and enforceable "electronic signature" as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and similar state and local laws; (b) this Policy constitutes an "electronic record" for purposes of E-Sign and UETA and similar state and local laws; (c) this Policy and your electronic signature are valid, have full legal effect, are enforceable, and are binding on you as if this Policy was any other duly executed tangible (paper) agreement; and (d) any person, entity, association, agency, or organization is entitled to rely upon the validity, legal effectiveness, and enforceability of your electronic signature and this Policy without the need for a handwritten signature from you.  You acknowledge and agree that if you desire a paper copy of this Policy, you may print a copy from the Website.  You hereby consent to use electronic means to receive and consent to this Policy.

© Royal Boon Edam International B.V.