TERMS OF USE
I. ACCEPTANCE OF TERMS
This Terms of Use Agreement ("Agreement") is made by
and between J&M Industrial Company (“J&M Industrial”) and any visitor to
this website (“you”). This Agreement contains the terms and conditions that
govern your use of this website.
By accessing, visiting, browsing, using or attempting
to interact with any part of this website, you agree to be bound by this
Agreement. If you do not agree to be bound by this Agreement, do not access or
use any part of this website.
J&M Industrial reserves the right to make changes to
this Agreement at any time, with or without notice to you. The most current
version of this Agreement, which supercedes all previous versions, can be
reviewed by clicking on the "terms of use" hyperlink located at the bottom of
the J&M Industrial website home page.
II. ACCESS
To access restricted areas of this site and other
website resources, you may be asked to provide personal details or other
information such as a login or password. By using this website you agree that
all the information you provide will be correct, current, and complete.
III. CONDUCT
You may use this website only for purposes expressly
permitted by this site. By accessing, visiting, browsing, using or attempting to
interact with any part of this website, you agree not to use the website for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You also agree not to use J&M Industrial’s website in any manner which could
disable, overburden, damage, or impair the website or interfere with any other
party's use and enjoyment of the website. You may not obtain, or attempt to
obtain, any materials, content, or information through any means not
intentionally made available or provided for through the website. This
prohibition includes, but is not limited to any effort by you to reverse
engineer, disassemble, resell or otherwise modify any of the material or content
available throughout this website.
Framing this website, or displaying any name, logo,
trademark, or other means of identification of any party in such a manner as to
give the impression that such other party has the right to display, publish, or
distribute any portion of this site is strictly prohibited.
J&M Industrial is located in, and operates this
website from, the United States of America
and makes no representation that the materials, services or content on this
website are appropriate or available outside of the
United States. By accessing, visiting, browsing
or attempting to interact with any part of this website, you agree to comply
with all applicable laws regarding the transmission of materials, services and
online content, including the laws of the United States and all applicable local
laws regarding the export or re-export of materials, services or online content.
Specifically, you represent that you are not in a country where such export is
prohibited and that you are not providing access to any person to which access
is prohibited.
IV. PROPRIETARY INFORMATION
The material and content accessible from this site
owned, operated, licensed, or otherwise controlled by J&M Industrial (the
"Content") is the proprietary information of J&M Industrial or the party that
provided or licensed the Content to J&M Industrial. Neither title to, nor
rights in, J&M Industrial’s intellectual property is transferred to you by
access to this site. Modification or use of the Content except as expressly
provided in this Agreement violates the owner’s intellectual property rights.
Accordingly, the Content may not be copied, distributed, republished, uploaded,
posted, or transmitted in any way without the prior written consent of Valley
Equipment.
V. THIRD-PARTY SITES
This site may be linked to various third-party
websites that are not maintained by, or related to, J&M Industrial. Valley
Equipment has not reviewed any or all of such sites and is not responsible for
the content of those sites. J&M Industrial is not responsible for any form of
transmission received from any third party site. Links are to be accessed at
your own risk, and J&M Industrial makes no representations or warranties about
the content, completeness or accuracy of these links or the third-party sites
themselves. J&M Industrial provides such links as a convenience, and the
inclusion of any link to a third-party site does not necessarily imply
endorsement by J&M Industrial of that site or any association with its
operators.
VI. DISCLAIMER OF WARRANTIES
The information contained throughout Valley
Equipment’s website is not necessarily complete and up-to-date and should not be
used to replace any written reports, statements, or notices provided by Valley
Equipment.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT
IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED. J&M Industrial DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. J&M Industrial DOES NOT WARRANT THAT THE FUNCTIONS OR
CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. J&M Industrial DOES NOT WARRANT
OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT
IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND J&M Industrial MAY MAKE
CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT J&M Industrial, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY
LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. VALLEY
EQUIPMENT MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR
OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether
historical in nature or forward-looking, speaks only as of the date the
information is posted on this site, and J&M Industrial does not undertake any
obligation to update such information after it is posted or to remove such
information from this site if it is not, or is no longer accurate or complete.
VII. LIMITATION ON LIABILITY
J&M Industrial, ITS SUBSIDIARIES, AFFILIATES,
LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS,
AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE,
ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES,
EVEN IF J&M Industrial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIII. EXCLUSIONS AND LIMIATATIONS
THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION,
OR EXCLUSION OF, LIABILITY FOR INCINDENTAL OR CONSEQUENTIAL DAMAGES IS NOT
ALLOWED IN CERTAIN JURISDICTIONS. THEREFORE, THE LIMITATIONS SET
FORTH ABOVE MAY OR MAY NOT APPLY TO EVERY VISITOR TO OUR WEBSITE.
IX. TERMINATION OR RESTRICTION OF ACCESS
J&M Industrial reserves the right, in its sole
discretion, to terminate your access to this website, or any portion thereof, at
any time and without notice.
X. INDEMNITY
You will indemnify and hold J&M Industrial, its
subsidiaries, affiliates, licensors, content providers, service providers,
employees, agents, officers, directors, and contractors harmless from any breach
of this Agreement by you, including any use of Content other than as expressly
authorized in this Agreement. You agree that J&M Industrial will have no
liability in connection with any such breach or unauthorized use, and you agree
to indemnify any and all resulting loss, damages, judgments, awards, costs,
expenses, and attorneys' fees of J&M Industrial in connection therewith. You
will also indemnify and hold J&M Industrial harmless from and against any
claims brought by third parties arising out of your use of the information
accessed from this site.
XI. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted
works appearing in this site are the property of J&M Industrial or the party
that provided the trademarks, service marks, logos, and copyrighted works to
J&M Industrial. J&M Industrial and any party that provided trademarks,
service marks, logos, and copyrighted works to J&M Industrial retain all
rights with respect to any of their respective trademarks, service marks, logos,
and copyrighted works appearing in this site. Therefore, you may not copy,
imitate or use any portion of any trademark, service mark, logo or copyrighted
work unless you obtain prior written consent from J&M Industrial or the party
that owns the respective intellectual property right(s). You may not copy other
elements of this website, including, but not limited to, any and all graphics,
photographs, digital images or icons.
XII. SECURITY
Login and passwords used for this site are for
individual use only. You will be responsible for the security of your password.
J&M Industrial will be entitled to monitor your password and, at its
discretion, require you to change it. If you use a
password that J&M Industrial considers insecure,
J&M Industrial will be entitled to require the password to be changed, and if
necessary, terminate your account.
You are prohibited from using any services or
facilities provided in connection with this site to compromise security or
tamper with system resources and accounts. The use or distribution of tools
designed for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited.
J&M Industrial reserves the right to use and
disclose your personal details in accordance with its Privacy Policy. Valley
Equipment also reserves the right to fully cooperate with any law enforcement
authorities or court order requesting or directing J&M Industrial to disclose
the identity of anyone posting any e-mail messages, or publishing or otherwise
making available any materials that are believed to violate this Agreement. BY
ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS J&M Industrial FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY J&M Industrial DURING OR AS A RESULT
OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF
INVESTIGATIONS BY EITHER J&M Industrial OR LAW ENFORCEMENT AUTHORITIES.
XIII. CHOICE OF LAW AND JURISDICTION
This Agreement will be governed and interpreted
pursuant to the laws of West Virginia, United States of America,
notwithstanding any principles of conflicts of law. You specifically consent to
personal jurisdiction in West Virginia in connection with any dispute between you
and J&M Industrial arising out of this Agreement or pertaining to the subject
matter hereof. You also agree that the exclusive venue for any dispute between
the parties arising out of this Agreement will be in the state and federal
courts in Charleston, West Virginia and that you will not assert jurisdiction in any other court
or tribunal anywhere in the world.
XIV. GENERAL INFORMATION
This Agreement constitutes the entire agreement
relating to this website and supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written between you
and J&M Industrial. J&M Industrial may revise this Agreement at any time by
updating this posting.
If a court decides that any provision of this
Agreement is unlawful, void or unenforceable, that provision will be deemed
severable and will not affect the validity and enforceability of any remaining
provisions.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and J&M Industrial as a
result of this Agreement or use of J&M Industrial’s website.
A printed version of this Agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon, or relating to, this Agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form.
Notwithstanding any of the foregoing, any additional
terms and conditions on this site will govern the items to which they pertain.
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PRIVACY POLICY
This Privacy Policy applies to the website you are
currently viewing and informs you what information is collected and used on this
website. By visiting or using J&M Industrial's website, you consent to the
practices described in this policy.
COLLECTION OF INFORMATION
It is J&M Industrial's policy to respect and protect
the privacy of visitors to our website. We will automatically collect
information such as your IP address, browser type, domain name, access times and
referring website addresses. We use this information to maintain the quality of
our website and to maintain general statistics about its visitors. However,
visitors are not individually identified when we collect this information.
J&M Industrial DOES NOT extract personal information
about its visitors at any time without permission. J&M Industrial will collect
personal information such as names, home addresses, e-mail addresses, etc. only
when a visitor voluntarily gives it to us in the process of requesting a quote
or information regarding a product or conducting a transaction. Any information
collected will be used internally by J&M Industrial to fulfill your requests.
J&M Industrial will NOT sell, rent or provide a visitor's personal information
to any third party unless J&M Industrial asks for and receives the visitor's
permission.
USE AND SHARING OF INFORMATION
J&M Industrial may collect and use your personal
information in order to operate the website and to provide certain services. The
collection of your e-mail address, name and address enables J&M Industrial to
send you information about the products and services offered by our company.
Except as otherwise stated below, the personal information you provide on this
site will be shared only with our affiliates and subsidiaries and not with other
third parties.
J&M Industrial reserves the right to disclose your
personal information, without notice, if required to do so by law or in the good
faith belief that such action is necessary to: (a) comply with any subpoena or
order of a court; (b) protect and defend our rights or property; and/or (c)
protect the personal safety of users of J&M Industrial, our website or the
public.
ADVERTISEMENTS AND LINKS
This website may include advertisements or links to
websites operated by third parties that are not sponsors of, and are not
affiliated with, J&M Industrial. J&M Industrial is not responsible for the
content, practices, or information provided or requested on websites operated by
third parties. Advertisements on, and links to or from, our website do not
constitute sponsorship, endorsement, or approval by J&M Industrial of the
content, policies, practices or products or services offered on third-party
websites. We will notify visitors when they are leaving our website.
Information provided to third-party websites will be
subject to the privacy policy posted on each individual website. Therefore, any
visitor leaving our website should check the privacy policy and terms of use of
any third-party website in order to understand the policies and practices that
govern the collection and use of personally identifiable information.
SECURITY
Your security while viewing our website is of utmost
concern to us. J&M Industrial implements technologies to make our website as
secure as possible against unauthorized accessand to protect the information visitors choose to
provide to us. However, we cannot guarantee the security of such information and
a visitor supplies information at his or her own risk.
J&M Industrial may provide opportunities to access
restricted areas of our website. To access these restricted areas, you will be
required to select a password. This password can be changed at any time after
you first log into the service by using your current password. You must keep
your password confidential and you must not share this information with anyone.
If you access our website via a shared computer, you should always log out of
the website before leaving it to prevent access to your information from
subsequent users.
CHILDREN
If you are under 18, you may use this website only
through your parent or guardian and you are not authorized to purchase products
from this website, unless such purchase is made through an adult.
CONDITIONS OF USE, NOTICES, AND REVISIONS
By visiting this website, you accept that your visit
and any dispute over privacy are subject to this Privacy Policy and our Terms of
Use, including application of the law of the state of West Virginia. If you have any
concerns about privacy issues, please contact us as directed in this Policy.
This Privacy Policy applies only to J&M Industrial’s website and not to any
third parties that may be accessed through this website. J&M Industrial
reserves the right to occasionally update this Privacy Policy. At such time,
J&M Industrial will also revise the "last updated" date at the end of the
Privacy Policy. We recommend that you periodically review this Privacy Policy.
A printed version of this Privacy Policy and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon, or relating to, this Privacy Policy to
the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
CONTACT INFORMATION
J&M Industrial welcomes feedback regarding this
Privacy Policy. If at any time you believe that this website has not adhered to
this Privacy Policy, please contact J&M Industrial and we will use reasonable
efforts to determine and correct the problem. You may contact the webmaster
through email at
jcunningham@jmindustrial.com.
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Last Updated: August 1st 2010