Legal
Terms and conditions for use for world- wide web
sites owned, operated or controlled by Lockman Industries or any of
its Affiliates.
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in any Site owned,
operated or controlled by Lockman Industries or any of its
Affiliates, including this Site, (“Lockman Industriesâ€) you
agree to the terms and conditions set forth here. If you do not
agree, you should not use Lockman Industries sites. If you are
currently a party to a separate, written agreement with Lockman
Industries or any of its Affiliates that has terms that are
inconsistent with these Terms and Conditions of Use, the terms of
that Agreement will apply to matters that are within the scope of
the Agreement.
ELECTRONIC COMMUNICATIONS
When you visit Lockman Industries or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you
by e-mail or by posting notices on Lockman Industries sites. You
agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
COPYRIGHT
All content included on Lockman Industries sites, such as text,
graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software is the property of
Lockman Industries, its Affiliates, or their content suppliers and
is protected by United States and international copyright laws. The
compilation of all content on the Lockman Industries sites is the
exclusive property of Lockman Industries ( or the Affiliate
identified in any copyright notice on the site) and is protected by
United States and international copyright laws.
USE
Viewing a Lockman Industries site creates a copy of Lockman
Industries materials in your computer’s random access memory
and/or in your hard drive and/or in your proxy server. You are
hereby permitted to view this site and to print pages for your own
personal, noncommercial use, provided that you do not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information,
material, software, printouts or services from the Lockman
Industries site. The materials published on Lockman Industries sites
may not be copied, distributed, republished, uploaded, posted or
transmitted in any way without the prior written consent of Lockman
Industries or its appropriate Affiliate.
TRADEMARKS
The trademarks, service marks and logos (the ‘Trademarks’)
used and displayed on Lockman Industries sites are registered and
unregistered Trademarks of Lockman Industries, its affiliates and
others. Nothing on any Lockman Industries site should be construed
as granting, by implication, estoppel or otherwise, any license or
right to us any Trademark displayed on the site without the prior
written consent of the Trademark owner. Lockman Industries may not
be used in connection with any product or service that is not
manufactured by or under license from Lockman Industries or its
appropriate Affiliate.
LINKS
Lockman Industries may include links to other sites that contain
information created, published, maintained or otherwise posted by
organizations independent of the Lockman Industries and its
Affiliates. Lockman Industries provides these links only as a
convenience, and does not endorse, approve, certify, maintain or
control these external sites and does not guarantee the accuracy,
completeness, efficacy, timeliness or correct sequencing of
information located at such sites. Lockman Industries reserves the
right to remove these links at any time and without notice.
Other parties may provide links to Lockman Industries. Lockman
Industries does not require third parties to obtain Lockman
Industries’ consent prior to linking to Lockman Industries sites.
Such links may not, however, include frames or other features that
distort, mischaracterize or misrepresent the source or ownership of
materials on Lockman Industries sites or disparage or are otherwise
detrimental to Lockman Industries. Lockman Industries assumes no
responsibility for the content of sites that include links to
Lockman Industries sites, and makes no warranties or representations
whatsoever with respect to such sites. No materials may be posted on
Lockman Industries sites without the express written permission of
Lockman Industries.
PRODUCTS AND PRICING
All products sold through Lockman Industries sites are subject to
the then existing Terms and Conditions of Sale of the division or
Affiliate responsible for sales of such products. Links to these
Terms and Conditions can be found on the Home Pages of the relevant
Lockman Industries site. Terms and Conditions of Sale, product
prices, configurations and availability are subject to change at any
time by Lockman Industries.
DISCLAIMER
The material in Lockman Industries sites may include technical
inaccuracies or typographical errors. Lockman may make changes or
improvements at any time without notice. The materials in this site
are provided ‘AS IS’ and without warranties or conditions of any
kind either express or implies. Lockman Industries disclaims all
warranties and conditions express or implied, including without
limitation, warranties of merchantability, fitness for a particular
purpose, title and non-infringement. Lockman Industries does not
warrant the availability of Lockman Industries sites, and your use
of Lockman Industries site will be uninterrupted or error-free, that
defects will be corrected, or that Lockman Industries sites or the
server (s) that make them available are free of viruses, worms, or
other harmful components. Lockman Industries does not warrant or
make any representations regarding the use of or the result of the
use of Lockman Industries and/or the materials in Lockman Industries
sites in terms of their correctness, accuracy, timeliness,
reliability, applicability or otherwise. You (and not Lockman
Industries) assume the entire cost of all necessary servicing,
repair or correction. The above restriction may not apply to you, as
some jurisdictions do not permit limitations or implied warranties
and/or damages. Nothing in this section shall affect your statutory
rights.
APPLICABLE LAW
By visiting a Lockman Industries site, you agree that the laws of
the State of Indiana, United States of America, without regard to
conflict of law principals that would dictate selection of another
jurisdiction’s laws, will apply to these Terms and Conditions of
Use and any dispute of any sort that may arise between you and
Lockman Industries.
DISPUTES
Any dispute between you and Lockman Industries concerning a
Lockman Industries site or the materials located at a Lockman
Industries site shall be submitted to final and binding arbitration
as dispute, provided, however, that Lockman Industries may commence
action against you in a court of law for infringement of Lockman’s
intellectual property rights. Any claim required to be submitted to
arbitration shall be made by filing a demand for arbitration within
one (1) year following the occurrence first giving rise to the
claim. The right and duty of the parties to resolve disputes by
arbitration shall be governed exclusively by the United States
Federal Arbitration Act and will take place according to the
Commercial Rules of the American Arbitration Association. The
arbitration will be held in South Bend, Indiana. Each party shall
bear all of its own costs of arbitration, except that the fees of
the arbitrator shall be divided equally between the parties. The
arbitrator shall have no authority to amend or modify the terms of
this Agreement or to award punitive or exemplary damages, and the
award may be enforced by judgment in a United States Court of Law.
MODIFICATION TO TERMS AND CONDITIONS
Lockman Industries can revise the Terms and Conditions at any
time by modifying or updating this posting. Your use of a Lockman
Industries site on or after the effective date of any such
modification or update will constitute your acceptance of these
Terms and Conditions as modified and/or updates.
SEVERABILITY
If any of these terms and conditions is deemed invalid, void or
unenforceable for any reason, that provision shall be deemed
severable and shall not affect the validity and enforceability of
the remaining terms and conditions.