Barolin & Spencer, Inc. Terms of Use
Last Update: January 1, 2025.
This website is offered to you by Barolin & Spencer, Inc. The following Terms of Use govern your access to and use of this website. Also, certain other terms and conditions made available by Barolin & Spencer, Inc. may apply to specific content, data, materials, or information contained on or available through this website (the “Content”), to specific content, data, materials, or information you may upload, submit and/or publish to the website (“User Content”), or transactions made through this website, and such other terms and conditions are hereby incorporated into this Terms of Use. Such terms are in addition to these Terms of Use, unless, and only to the extent that, such other terms expressly specify that they supersede these Terms of Use concerning such Content, User Content, or transactions.
1. Acceptance of Terms of Use
By accessing or using this website, you agree to be legally bound by the Terms of Use and the Terms and Conditions contained or referenced herein, and any additional terms and conditions set forth on this website. If you do NOT agree to all of these terms and conditions, you must NOT access or use this website.
By accessing or using the website, you affirm that you are of legal age to enter into the terms of use. In addition, if you are an individual accessing or using the website on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “organization”), then you agree to the terms of use on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to the terms of use. References to “you” and “your” in this Terms of Use will refer to both the individual using the website and to any such Organization.
2. Modification of Terms
These Terms of Use may be amended by Barolin & Spencer, Inc. at any time. Such amended Terms of Use shall be effective when we post the amended Terms of Use on this website or notify you of such amendment by any other reasonable means. Any changes to these Terms of Use will not apply to any dispute between you and us arising before the date we posted the amended Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to access or use the website after such posting or other notification, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Barolin & Spencer, Inc. websites may have their own terms of use that apply to such websites.
Barolin & Spencer, Inc. reserves the right to discontinue or make changes or updates concerning the website or the Content at any time without notice. Barolin & Spencer, Inc. reserves the right to restrict, refuse, or terminate access of any person or entity to the website, or any part thereof, effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
3. Privacy Policy
Barolin & Spencer, Inc. may use, by its Privacy Policy, any personal information provided or collected through or in connection with this website.
4. DISCLAIMERS & LIMITATION OF LIABILITY
Although Barolin & Spencer, Inc. seeks to ensure the accuracy of the information on this website, Barolin & Spencer, Inc. assumes no responsibility for such information or any other Content. Barolin & Spencer, Inc. make no representations or representations that (i) the website will meet your requirements, (ii) the website will be uninterrupted, timely, secure, or error-free, or (iii) the results that may be obtained from the use of the website (including any Content on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements. All content on the website is provided “as is” and “as available”. Barolin & Spencer, Inc. hereby expressly disclaims any representations or warranties of any kind, express, implied, or statutory, including without limitation warranties of merchantability, fitness for any particular purpose, non-infringement, title, or as to the operation of this website or the content. Barolin & Spencer, Inc. does not warrant or make any representations as to the security of this website. You acknowledge that any information transmitted from this website may be intercepted. Barolin & Spencer, Inc. does not warrant that the website, the servers that make this website available, or any electronic communications transmitted from this website are free from viruses or other harmful elements.
In no event shall Barolin & Spencer, Inc. be liable for any indirect, consequential, punitive, special, or incidental damages, or for any damages for loss of business, contract, revenue, data, information, or business interruption, resulting from, arising out of or in connection with the use of, or inability to use, this website or the content, or for interruptions or omissions in internet, network or hosting services. Barolin & Spencer, Inc. does not represent or warrant that the website, the services that make this website available, or any electronic communications transmitted in connection with this website, are free from viruses or any other harmful element, even if Barolin & Spencer, Inc. has been advised of the possibility of such damages. Any action brought against Barolin & Spencer, Inc. about or in connection with this website must be commenced and notified to Barolin & Spencer, Inc. in writing within one (1) year after the cause for action arose.
The maximum aggregate liability of Barolin & Spencer, Inc. for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, shall be the greater of (a) the total amount, if any, paid by you to Barolin & Spencer, Inc. solely for the right to use the website; and (b) ten U.S. dollars ($10).
All disclaimers and limitations of liability of any kind (including in this section and elsewhere in this terms of use) are made for the benefit of both Barolin & Spencer, Inc. and its affiliates and their respective shareholders, directors, officers, employees, affiliates, partners, brand licensees, agents, representatives, licensors, suppliers and service providers (collectively, the “affiliated entities”), and their respective successors and assigns.
You should not expect confidentiality concerning any User Content, and you acknowledge that any User Content may be made available to the public. Do not submit any confidential information through or in connection with the website.
Any material downloaded or otherwise accessed or obtained through the website is accessed or obtained at your discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from any such material.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in this Section 4, such exclusions or limitations will not apply to you, solely to the extent such exclusions or limitations are not allowed by applicable law. In such case, such exclusions or limitations shall be limited to the greatest extent permitted by applicable law.
This website may provide links to other websites that are not under the control of Barolin & Spencer, Inc., and Barolin & Spencer, Inc. shall not be responsible in any way for the content of such other websites. Your use of such websites is at your own risk and is subject to any additional terms and policies applicable to such websites (such as terms of service or privacy policies of the providers of such websites).
Barolin & Spencer, Inc. does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Barolin & Spencer, Inc. expressly disclaims any liability in connection with User Content.
Barolin & Spencer, Inc. has the sole right and ability (but not the obligation) to monitor, evaluate, and analyze User Content and/or your use of the website, and to edit and/or remove messages or any other User Content that may be objectionable, improper or otherwise in breach of these Terms of Use, for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact us immediately at [email protected].
5. Third-Party Content/Software
Barolin & Spencer, Inc. may provide links to third-party websites; such links are provided only as a convenience to the user of this website, and the inclusion of any link to any such websites does not imply endorsement by Barolin & Spencer, Inc. of the content of such websites. Barolin & Spencer, Inc. is in no way responsible for the content of any site owned by a third party that may be linked to the website via hyperlink, whether or not such a hyperlink is provided by the website or by a third party. Any link on our website to another site is not an endorsement of such other site, and no judgment or warranty is made concerning the accuracy, timeliness, or suitability of the content of any site to which the website may link, and we take no responsibility therefor.
Any software made available for downloading from or through this website is licensed subject to the terms of any applicable license agreement. Except as outlined in the applicable license agreement, the software is made available for use by end users only, and any further copying, reproduction, or redistribution of the software is expressly prohibited. Warranties, if any, concerning such software shall only apply as outlined in the applicable license agreement. Barolin & Spencer, Inc. disclaims all further representations and warranties of any kind, express, implied, or statutory, including warranties of merchantability, fitness for any particular purpose, title, or non-infringement concerning any software.
6. Copyright and Trademarks
As between you and us, all copyright and all other proprietary rights in the website and the Content (including but not limited to software, audio, video, text, photographs, trademarks, and logos) are owned by Barolin & Spencer, Inc., its affiliate or licensors. All rights to the website and Content not expressly granted herein are reserved. Except as otherwise provided, subject to the terms of this Terms of Use and solely for so long as Barolin & Spencer, Inc. permits you to access and use the website, the Content published by us on this website may be used by you only in unmodified form and solely for internal, non-commercial and educational use only. The historical and factual information contained in the Content regarding the products may be used for commercial purposes in connection with the marketing, distribution, and sale of the products, provided that any material containing such Content is approved in writing by Barolin & Spencer, Inc. before use. Any other use, distribution, or disclosure of the Content or the information contained therein, including distribution to third parties (in particular to our competitors), reproduction, modification, display, or transmission without the prior written consent of Barolin & Spencer, Inc., is strictly prohibited.
All copyright and other proprietary notices shall be retained on all reproductions. If you violate any of these Terms of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content, including any materials previously approved by Barolin & Spencer, Inc.
Barolin & Spencer, Inc. and all other trademarks of Barolin & Spencer, Inc. and its affiliates (whether registered or not) are essential assets of the company. Proper use of these trademarks is important, and you must follow the instructions of Barolin & Spencer, Inc. when referencing our company’s products and services. No use of any of Barolin & Spencer, Inc.’ trademarks, service marks, trade names, designs, or logos may be made without the prior, written authorization of Barolin & Spencer, Inc., except to identify the products or services of Barolin & Spencer, Inc. or to refer to Barolin & Spencer, Inc. as a company.
7. Proprietary Rights in the website
Any User Content will be treated as non-confidential and non-proprietary, subject to our Privacy Statement. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a “publication” of such invention under applicable patent laws.
You acknowledge that any User Content submitted and/or discussed on the website may be the subject of patents, copyrights, trademarks, and other intellectual property rights of Barolin & Spencer, Inc., its subsidiaries, affiliates, brand licensees, other partners, or third parties. All such rights are hereby reserved by Barolin & Spencer, Inc. or the applicable third party. If you consider exploiting any ideas, proposals, suggestions, solutions, or other User Content submitted to the website, you are responsible for undertaking appropriate intellectual property clearance before engaging in any exploitative conduct.
8. U.S. Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send to Barolin & Spencer, Inc. a written notice by mail or e-mail, requesting that Barolin & Spencer, Inc. remove such material or block access to it. In notifying us of alleged copyright infringement, the DMCA requires that you include the following information:
1A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
3Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material (preferably a copy of the relevant URL);
4Information reasonably sufficient to allow us to contact you, including your address, telephone number, and, if available, your email address;
5A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
6A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Barolin & Spencer, Inc. a counter-notice. Notwithstanding the foregoing, notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing as follows:
By mail:
Barolin & Spencer, Inc.
7905 Browning Road, Suite 112B
Pennsauken, NJ 08109
USA
By email:
The preceding information is provided exclusively for notifying Barolin & Spencer, Inc. that your copyrighted material may have been infringed. All other inquiries, such as product-related questions and requests or concerns regarding improper postings and content, will not receive a response through this process.
9. Indemnification and Release
You agree to indemnify and hold harmless Barolin & Spencer, Inc. and the Affiliated Entities from and against any damages, liabilities, costs, and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of any User Content you make available, or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message or any other User Content made available by you, Barolin & Spencer, Inc. reserves the right to reveal your identity and any other information Barolin & Spencer, Inc. may have about you.
If you have a dispute with one or more users, you hereby release Barolin & Spencer, Inc. and its Affiliated Entities from any claims, demands and damages (direct, consequential or otherwise) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California civil code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you reside in another jurisdiction, you waive any comparable statute or doctrine.
10. Shut-down of Site
We have the sole right to shut down the website or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the website.
11. Dispute Resolution
These Terms of Use shall be governed by and construed by the laws of the state of New Jersey. You agree to the non-exclusive jurisdiction of the courts in NewJersey for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this website, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of New Jersey.
12. Miscellaneous
This Terms of Use does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Barolin & Spencer, Inc. If any provision of this Terms of Use is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Terms of Use and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. No waiver by either party of any breach or default under these Terms of Use will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is for convenience only and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Terms of Use shall be construed as if followed by the phrase “without limitation.” These Terms of Use, including any terms and conditions incorporated herein, is the entire agreement between you and Barolin & Spencer, Inc. relating to the subject matter hereof and supersede any prior or contemporaneous written or oral agreements or understandings between you and Barolin & Spencer, Inc. relating to such subject matter. Notices to you (including notices of changes to this Terms of Use) may be made via posting to the website by e-mail (including in each case via links) or by regular mail. Without limitation, a printed version of this Terms of Use and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Barolin & Spencer, Inc. will not be responsible for failure to fulfill any obligation due to any cause beyond its control.
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