Terms

Thank you for visiting our website! This website ("dura-bar.com" or the Site") is owned by Wells Manufacturing Company ("we" and "Wells"). It is our policy to protect your personal information and to use it in accordance with this Privacy Policy. Please take a few moments to review our Privacy Policy.

Wells Manufacturing Company ("Wells") provides www.dura-bar.com (the "Site") for your convenience. Your use of the Site is governed by these Terms and Conditions of Use. These Terms and Conditions of Use include any updates by Wells and any additional guidelines or rules posted on the Site (collectively, the "Terms and Conditions"). By using the Site, you agree to these Terms and Conditions, which govern your use of the Site. You can review the most current version of these Terms and Conditions at any time by clicking on the appropriate link in the Site. Please note that the collection and dissemination of information from you is subject to Wells' Privacy Policy, which may be viewed at any time by clicking on the appropriate link.

The Site is controlled and operated by Wells from its offices in Illinois in the United States, and Wells makes no representations that information and offerings provided through the Site are appropriate or available for use outside United States.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. IF YOU ARE NOT WILLING TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE.

Through the Site, Wells allows you to, among other things, access information about Wells' products, including grade, strength, size and specific uses of the products, as well as information about the availability of the products; and, through a password-protected environment, access information about the orders that you place.

Wells may alter, augment or terminate the Site in whole or in part at any time and from time to time in its sole discretion. Wells reserves the right to modify, deny or suspend your access to the Site at any time without notice to you.

To use the Site, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access. You will also need equipment and a modem or other access device.

To access certain portions of the Site, you must receive a password and a user name from Wells. You agree that you will be responsible for maintaining your password and user name as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password and user name. You agree to immediately notify Wells if (i) your password and/or user name is lost or stolen, or (ii) you become aware of any unauthorized use of your password and/or user name or of any other breach of security that might affect the Site. Wells is not responsible for any loss or damage arising from your failure to comply with the provisions of this section.

The information and descriptions of Wells' products and services are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by Wells. Wells uses commercially reasonable efforts to ensure that all information regarding its products and services are accurate. However, Wells cannot and does not guarantee that all information, as displayed by your monitor, will be accurate and Wells assumes no responsibility whatsoever for such differences. If you purchase any products or services from Wells, you understand that such purchase is subject to Wells' standard terms and conditions of sale.

ALL PRODUCTS OFFERED BY WELLS ARE PROVIDED SUBJECT TO WELLS' TERMS AND CONDITIONS OF SALE. WELLS OFFERS NO WARRANTIES WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH YOUR USE OF THE SITE. THE INFORMATION YOU RECEIVE THROUGH THE SITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE ARE YOUR SOLE RESPONSIBILITY.

THE USE OF THE SITE IS SOLELY AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WELLS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, WHETHER EXPRESS OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WELLS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE WILL BE ACCURATE OR RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE IS TO CEASE TO USE THE SITE. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WELLS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF WELLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE, (ii) THE COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE SITE, (iv) YOUR RELIANCE ON ANY PORTION OF THE SITE; (v) THE INTERRUPTION, SUSPENSION, TERMINATION OF THE SITE, AND/OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE. IN NO EVENT SHALL WELLS' LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE EXCEED $100.

You agree to not use the Site to:

Upload, post, e-mail or otherwise transmit any content (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) that you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (iv) that includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of unsolicited marketing; or (v) that contains software viruses or similar harmful components or routines; Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; Interfere with or disrupt the Site, the hardware, software or networks connected to the Site, or any other users of the Site; Use the Site in violation of any applicable local, state, national or international law or regulation; Use the Site for or offer any information on the Site to any third party or use or exploit any portion of the Site to provide any commercial services to third parties; or Reference any e-mail accounts provided as part of the Site in any e-mail or online posting which violates these Terms and Conditions.

If you contact Wells with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the content of the Site or any item on the Site (collectively, "Information"), the Information shall be deemed to be non-confidential and Wells shall have no obligation of any kind with respect to the Information. In addition, you agree and acknowledge that Wells shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation, and to authorize others to do the same. Further, Wells shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Information. Wells shall not be liable or owe any compensation for the use or disclosure of the Information.

Wells does not solicit the use of the Site by minors. However, Wells cannot prevent such use and cannot prevent minors from visiting the Site. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials are suitable for such children to view.

Wells requires that use of this Site be made either by: (a) individuals 18 years old or older; or (b) individuals under 18 years of age under the direct supervision of a parent, guardian or other responsible individual with such parent, guardian or other responsible individual's verifiable permission for such use, including the collection by Wells of certain information in accordance with these Terms and Conditions. EACH TIME YOU USE THE SITE, YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18 YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THIS SITE UNDER THE SUPERVISION, AND WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE INDIVIDUAL FOR SUCH USE AND FOR THE COLLECTION OF CERTAIN INFORMATION IN ACCORDANCE WITH THESE TERMS OF USE.

The Site may provide, or third parties may provide, links to other World Wide Web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by Wells with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site, and Wells is not responsible in any manner (including without limitation with respect to any loss or injury you suffer) for any matter associated with the linked site, including without limitation, the content or products provided on or through any such linked site or your reliance thereon. WELLS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.

You agree to indemnify and hold Wells, its officers, directors, employees and agents, harmless from and against any third party claim, action or demand ("Claim") and all liabilities and settlements related thereto, including without limitation, reasonable legal and accounting fees (including defense costs), resulting from, or alleged to result from, your use of the Site (including any interactive areas of the Site) in a manner that violates these Terms and Conditions. Wells shall provide notice to you promptly of such Claim, and you shall reasonably cooperate with Wells, at your expense, in the defense of any such Claim.

DURA-BAR® is a registered trademark of Wells. Other trademarks are owned by Wells or its affiliated entities or are used with the permission of their respective owners. You acknowledge that the Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), that are generally provided by Wells or by licensors of Wells. You agree and acknowledge that, notwithstanding that Wells permits access to the Content, the Content or its use or the use of this Site is protected by patents, copyrights, trademarks and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed and that except as specifically provided in these Terms and Conditions, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by Wells and third parties. The Site, including graphics, images, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Wells, except that, subject to your compliance with the Terms and Conditions, Wells authorizes you to view or download a single copy of the content provided that you keep intact all copyright, trademark, and other proprietary notices. Nothing herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right under any copyright, patent, trademark or other proprietary interest of Wells or third parties.

In addition to Wells'; and its licensors' rights in individual elements of the Content, Wells owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another Site or in any other way exploit the Site and/or any of the Content, in whole or in part.

You and Wells and any of its affiliates, employees, contractors, officers or directors agree that these Terms and Conditions will be governed by the laws of the State of Illinois, without respect to its conflicts of law provisions. Venue with respect to any dispute between you and Wells will rest exclusively in the courts of Cook County and the federal court for the District Court of the Northern District of Illinois. These Terms and Conditions shall not supercede any terms or conditions of a purchase order provided by Wells, and the terms and conditions of the purchase order shall govern.

Wells may change these Terms and Conditions from time-to-time. If such a change is made, Wells will post the revised Terms and Conditions on the Site. Wells reserves the right to add to or change the Site offered or to cease offering any or all of the Site at any time. Wells may add to, change, delete or terminate your use of the Site at any time for any reason without notice to you. Wells shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Wells reserves the right to refuse to offer the Site to anyone at anytime without notice.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement may terminate immediately without notice from Wells if, in Well's sole discretion, you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must destroy all materials obtained from the Site and all copies thereof, whether made under this agreement or otherwise. Termination will not affect any rights, obligations or liabilities that arose prior to such termination.

You understand and agree that Wells shall have no liability for the deletion or failure to store any information, content or data transmitted using the Site. You agree that Wells may gather system data which may include data regarding memory usage, navigation, screen resolution, color palette, connection speed, efficiency and the like.

Except as otherwise set forth herein, the Terms and Conditions constitute the entire agreement between you and Wells and govern your use of the Site. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Wells. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of Wells to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or condition. You may not transfer or assign these Terms and Conditions. These Terms and Conditions shall be binding upon and shall inure to the benefit of the respective successors and assigns of Wells. The section titles of these Terms and Conditions are merely for convenience and will not have any effect on the substantive meaning of these Terms and Conditions.

If you have questions about these Terms and Conditions, please contact Wells at sales@dura-bar.com.