Tomkins Ltd. Building Products Family of Companies
WEBSITE TERMS AND CONDITIONS
(revised 19 Aug. 2011)
These Website Terms and Conditions apply to your access to and use of this website and associated webpages (the “Site”), which is operated by a Tomkins Ltd., Building Products Division Company (e.g., Air Systems Components, Inc., Koch Filter Corporation, Ruskin Company, Selkirk Corporation, Hart & Cooley, Inc., Aquatic Co. or other Tomkins Building Products company). The company that operates this Site is the “Company” or “we” or “us” or “our,” and the collection of companies is the “Tomkins BP Family”.
This Site is expressly not intended for use by anyone under the age of thirteen, and the Tomkins BP Companies do not market to or knowingly collect any information or accept any submissions from anyone under the age of thirteen.
Your Consent to these Terms and Conditions
Access to and use of this Site and the information, materials, products and services available through this Site are subject to all applicable laws and regulations and to these Terms and Conditions. By accessing, browsing, and shopping on this Site, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit this Site.
Your Consent to Our Terms of Sale
Any purchases you make on this Site will be governed by our Terms of Sale , which are expressly incorporated herein. Our Terms of Sale contain policies related to various aspects of your purchase of merchandise on this Site, such as shipping, returns, and other matters.
Your Consent to Other Agreements
We may also require you to follow additional rules, guidelines or other conditions to sign up to use various special features or password-protected areas of this Site, to participate in certain promotions or activities available through this Site, or for other reasons. In such cases, you may be asked to expressly consent to these additional terms, for example, by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through” agreement. If any of the terms of a click-through agreement are different than the terms of these Terms and Conditions, the terms of the click-through agreement will supplement or amend these Terms and Conditions, but only with respect to the matters governed by the “click-through agreement.”
Ownership of This Site and Its Content
This Site, including all of the software and code comprising or used to operate this Site, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this Site, including without limitation User-Generated Content (as defined below) (collectively “Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of the Company or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this Site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Certain sections of this Site may allow you to submit or upload User-Generated Content.
You are responsible for User-Generated Content. Any User-Generated Content is the sole responsibility of the person who made such User-Generated Content available on this Site. Under no circumstances will we be liable in any way for any User-Generated Content posted to this Site. Such User-Generated Content may be posted on or accessed through this Site in our sole discretion.
Because we do not control the User-Generated Content posted on this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User-Generated Content. You also agree and understand that by accessing this Site, you may encounter User-Generated Content that you consider to be objectionable. We have no responsibility for any User-Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User-Generated Content posted, e-mailed, transmitted or otherwise made available on this Site, whether by us, individual users of this Site, or our third-party contractors or licensors.
You own User-Generated Content you submit, but we may use it. If any User-Generated Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User-Generated Content available on or through this Site, you are granting us and our subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose and commercialize that User-Generated Content in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
Without limiting the generality of the foregoing grant of license, by posting User-Generated Content on or through this Site, you are granting us (and downstream users) permission to (i) display advertisements in connection with User-Generated Content and to use User-Generated Content for advertising and promotional purposes without compensating you in any way and (ii) to make User-Generated Content available to the general public through this Siteand in any other manner, in or using any format or media or technology, now known or hereafter developed, without compensating you in any way.
We may disclose and/or remove User-Generated Content. We reserve the right at all times to disclose any User-Generated Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User-Generated Content, in whole or in part, without notice and for any reason, including, without limitation, User-Generated Content that is objectionable or in breach of these Terms and Conditions, in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of this Site, or to censor, edit or block your transmissions thereto, in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User-Generated Content to Content owned or provided by us, and the user who made such User-Generated Content available on this Site will retain ownership thereof as described above.
Restrictions on User-Generated Content. It is a condition of these Terms and Conditions that you do not:
By posting User-Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content you post and have the right to grant the license set forth in these Terms and Conditions; (ii) the User-Generated Content you post is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User-Generated Content fully complies with—these Terms and Conditions and applicable laws and will not cause injury to any person or entity.
The names and logos of the Company and the other companies in the Tomkins BP Family, all product names, all page headers, all custom graphics, all button icons, and all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of the Company or other member of the Tomkins BP Family (collectively, the “Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on this Site are the property of their respective owners. You are not authorized to display or use the Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on this Site without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Links to Other Sites
This Site may contain links and/or advertisements to other Web sites maintained by unrelated companies. An advertisement of, or link to, an unrelated Web site does not mean that we approve, endorse or accept any responsibility for that Web site, its content or use, or the use of products and services made available through such Web site. We do not investigate, monitor or check such Web sites for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other Web sites that you may access through this Site, the content thereof, or the products or services made available through such Web sites. If you decide to leave this Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web sites.
We very much want to know what our customers like and don’t like about our products, and we welcome your comments, feedback, suggestions and other communications regarding this Site and the information, products, and services we make available through this Site (collectively, “Feedback”). By submitting Feedback, however, please note that you represent and warrant that any ideas or information you include in your Feedback are not confidential or proprietary in any way and that you have the legal right to disclose the ideas and information. Please also note that the Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Disclaimer of Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING ALL USER-GENERATED CONTENT) ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ITS CONTENT, ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE, AND ANY SITE WITH WHICH IT IS LINKED.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THIS SITE.
WE DO NOT ENDORSE ANY OPINION, ADVICE, COMMENT OR STATEMENT MADE ON THIS SITE BY USERS OF THIS SITE, AND USER-GENERATED CONTENT DOES NOT IN ANY WAY REFLECT THE OPINION, ADVICE OR STATEMENT OF US. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. WE DO NOT REPRESENT OR WARRANT CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OR USE OF THIS SITE. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Without limiting the foregoing, certain merchandise offered on this Site may be covered by a product warranty offered by the manufacturer of such merchandise, which may include the Company or other member of the Tomkins BP Family, and the limitations and disclaimers set forth herein will not limit or restrict any warranty provided by the manufacturer of any merchandise available for purchase on this Site.
Nothing in these Terms and Conditions will affect any statutory rights to which you may be entitled as a consumer to the extent your ability to alter or waive such rights by contract is limited by applicable law.
Exclusion of Liability
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER-GENERATED CONTENT. ALTHOUGH WE INCLUDE STRICT PROVISIONS REGARDING USER-GENERATED CONTENT IN THESE TERMS AND CONDITIONS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST ON OR THROUGH THIS SITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL, INFRINGING OR OTHERWISE OBJECTIONABLE OR ILLEGAL USER-GENERATED CONTENT YOU MAY ENCOUNTER ON THIS SITE OR IN CONNECTION WITH YOUR USE OF THIS SITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEB SITE WITH WHICH IT IS LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS.
OUR LIABILITY IN CONNECTION WITH A CUSTOMER'S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE APPLICABLE TO SUCH PURCHASE (NONE OF WHICH ARE INCLUDED IN THESE TERMS AND CONDITIONS), AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.
These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
In consideration of your use of this Site, if you register on this Site to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us, using the contact information provided below, of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password, and until we are so notified you will remain liable for any unauthorized use of your account.
You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of this Site (including any information, materials, products or services available through this Site).
Correction of Errors and Inaccuracies
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
Removal of Content
• A description of the allegedly inappropriate content, including, if possible, a link to any specific post or webpage containing the content;
• A description of why you believe it is inappropriate;
• A means that Gates may use to contact you
Provide the information to the following:
3900 Dr. Greaves Road
Grandview, Missouri 64030
Violation of Copyright. If you are requesting removal of Content because of a violation of your copyrights, please note that 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 that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied or made available on this Site in a manner that constitutes copyright infringement, please send us a notice of the alleged infringement including all of the following information:
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Copyright Agent, c/o
Tomkins Legal Department – IP Group
1551 Wewatta Street
Denver, CO 80202
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Texas in the United States of America, without regard to conflict of law principles.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts designated for Plano, Texas, and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Changes to these Terms and Conditions
These Terms and Conditions may be changed by us from time to time without specific notice to you. The latest Terms and Conditions will be posted on this Site, and you should always review them prior to using this Site to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access this Site. Your continued use of this Site after we have posted the revised Terms and Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
The term “Personal Information” refers to information that identifies you personally, alone or in combination with other information available to us. Examples of Personal Information include your name, address, and e-mail address.
The term “User-Generated Content” refers to all of the text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, and other content you post on or through this Site using the social networking tools we make available to registered members of this Site. One way that User-Generated Content differs from other information you provide to us is that, once submitted, User-Generated Content is made available instantaneously to others who visit this Site. Examples of User-Generated Content include comments posted to discussion boards and product reviews.
The terms “we,” “us,” and “our” refer to the company operating this website, which is a Tomkins Ltd. Building Products company.
The terms “you” and “your,” when used in Terms and Conditions, mean any user of this Site.
If you have any questions or concerns regarding these Terms and Conditions, please contact us by telephone, email, fax or postal mail:
3900 Dr. Greaves Road
Grandview, Missouri 64030