BY VISITING THE ACMECOMPONENTS.COM WEBSITE, YOU ACKNOWLEDGE AND ACCEPT THE FOLLOWING TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ACMECOMPONENTS.COM WEBSITE
This document details the terms of a legal agreement (the "Terms of Use") between you and ACME Cosmetic Components, LLC (the "Company"). By accessing this website (the "Website"), you acknowledge that you have read and understood the Terms of Use and, having read and understood the Terms of Use, you voluntarily agree to be bound by the Terms of Use. You also agree to comply with all laws and regulations applicable to the use of the Website, to the use of the Internet, and to the activities involved in using this Website.
If you do not agree with the Terms of Use, then do not use this Website.
Situs:
This Website is controlled by the Company from its offices within New Jersey. The Company complies with all laws of New Jersey applicable to this Website and to the Internet. Visitors who choose to visit this Website from other jurisdictions do so on their own initiative. Those visitors are solely responsible for compliance with their local laws.
Venue and Jurisdiction:
Claims relating to this Website, to the use of this Website, and to the information, content, material, and services available through this Website are governed by the laws of New Jersey. You hereby unconditionally, voluntarily, and irrevocably consent to submit to the exclusive jurisdiction of New Jersey for any litigation concerning this Website, your use of this Website and any information received through this Website. You agree not to plead forum non conveniens in any such action. You consent to service of process.
Privacy:
To know what privacy measures the Company has taken and what information we retain from your visit to the Company's Website, please read our Website Privacy Statement which is incorporated here by reference.
Change of Terms:
The Terms of Use may be changed without notice. Your continued use of this Website after the Terms of Use are changed indicates your acceptance of the new Terms of Use. If you do not agree with the new Terms of Use, then discontinue your use of this Website.
Alteration of Site:
The Company may change, suspend or discontinue any feature, aspect, product or service available through this Website at any time. The Company may alter the availability of any feature of this Website or service related to any feature of this Website at any time. The Company may add, remove or modify any content of this Website, including that of third parties, at any time.
Limitation on Usage:
You are responsible for maintaining the confidentiality of your Website password, and for not sharing it with others. Any attempt to share a Website password or to allow others to make use of the Website under your access credentials is grounds for immediate termination of your account. The Company may limit your access to any part of this Website without notice to you. The Company may terminate your use of its Website at any time.
Visitor On-line Conduct:
- You agree to use this Website only for lawful purposes.
- You agree to use this Website only for its intended purposes.
- You agree not to disrupt this Website.
- You agree not to interfere with or compromise the security of this Website, or any computer, server, account, network, data, software and/or hardware associated with this Website.
- You agree not to disrupt or interfere with any other visitor's use of this Website.
- You agree not to attempt to obtain access to any portion of this Website, any computer, server, account, network, software and/or hardware associated with the Website, from which you are restricted.
- You agree that you are solely responsible for any actions you undertake while visiting this Website and that you will comply with all applicable local, state, national and international laws and regulations applicable to this Website and the Internet, including United States copyright and export regulations.
- You warrant that all information you provide to gain access to the services provided by this Website is accurate and truthful.
The Company reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.
Links To and From Other Web Pages:
You may gain access to other websites via links on this Website. These Terms of Use apply to the Company's Website and do not apply to other parties' websites. Similarly, you may have come to this Website via a link from another website. The terms of use of other websites do not apply to this Website. Only these Terms of Use apply to this Website. The Company assumes no responsibility for any terms of use or material outside this Website accessed via any link.
Links to third party websites or information are not intended, and should not be interpreted by users, as constituting or implying the Company's endorsement, sponsorship or recommendation of the third party information, or products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material made available by the Company through this Website, including, without limitation, any computer code, design, text, drawings, photographs, graphics, sound recordings and video recordings as well as any copyrights, trademarks, patents or other proprietary rights comprising the Website (collectively, the "Content") is owned by or licensed to the Company. The compilation of the Content on this Website is the exclusive property of the Company and is protected by U.S. and international copyright Law.
The Company and its licensors retain all rights in this Content. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner.
The Company grants you permission to display, copy, distribute, print and/or download the Content on this Website for your personal, non-commercial use only. If you display, copy, distribute, print and/or download the Content of this Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in the Content.
The Content may not be used in connection with any service or information that is not the Company's or in any manner that is likely to cause confusion among consumers or that disparages the Company. The permission granted herein terminates automatically if you breach these terms. Upon termination of the permission, you must immediately destroy any Content you displayed, copied, distributed, printed and/or downloaded.
"ACME," "ACME Cosmetic Components," and their respective logos, as well as www.acmecomponents.com are either registered trademarks, trademarks, trade names, service marks, domain names, or otherwise protected property of the Company and may not be used, copied or imitated without the prior written consent of the Company.
Digital Millennium Copyright Act (DCMA), Transmission of Third Party Content:
You may not upload, post or otherwise distribute on this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express authorization for such uploading, posting or distribution on the web.
The unauthorized use, uploading, posting, and/or distribution of Content protected by copyright or other proprietary rights is illegal and subjects the malfeasant to civil penalties and criminal prosecution. The Company shall have full discretion to discontinue your access to the Website and will promptly terminate repeat offenders.
The Company, its affiliates, officers, directors, employees, agents or any such similarly situated persons or entities are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.
The Company, pursuant to the Digital Millennium Copyright Act, designates our Website Administrator to receive complaints and notices of suspected copyright infringements. If you believe that your work has been copied and is accessible on the Company's Website in a way that constitutes infringement, you may notify the Company by providing the Website Administrator the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- Identification of the URL or other specific location on the Company's Website where the material that you claim is infringing is located;
- Your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
The Website Administrator can be reached via e-mail at webadmin@acmecomponents.com and by regular mail at ACME Cosmetic Components, LLC, 80 Seaview Drive, Secaucus, NJ 07094.
You are prohibited from uploading, posting or otherwise distributing on this Website any unlawful, threatening, obscene, pornographic, intimidating, libelous, defamatory or slanderous comments, jokes, images or content that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, sexual preference, or any other classification that could produce any civil or criminal liability for either yourself or for the Company, its affiliates, employees, agents or any such similarly situated persons or entities.
Ownership of Third Party Content:
The Company may display Content supplied by visitors and other third parties on its website. The Company maintains no editorial control over this Content. The Content supplied by visitors and other third parties belongs to the respective owners of that Content.
THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage or harm to property or person caused by your or anyone else's reliance on Content available on this Website that is the property of visitors or third parties. You are solely responsible for evaluating and acting on any Content available on this Website.
Disclaimers:
THIS WEBSITE IS PROVIDING "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OF THIS WEBSITE, THE CONTENT, INFORMATION, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.
YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR USE OF THIS WEBSITE, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE IS SOLELY AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
Limitation of Liability:
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, THE COMPANY'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE OF DAMAGES IS PROHIBITED, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT ALLOWED BY THAT JURISDICTION.
No Joint Venture:
This Agreement provides only for the use of this Website. This Agreement shall not be construed as a teaming, joint venture, or other such arrangement, unless the parties expressly and explicitly execute an agreement to that effect.
Indemnity:
You agree to indemnify the Company for any damages, losses, costs, or expenses that the Company may incur as a result of your use of this Website or your use of the Content. You also agree to indemnify the Company from any damages, losses, costs or expenses that the Company may incur as a result of your providing inaccurate or untruthful information to gain access to or use the services provided through this Website.
Hold Harmless:
You agree to hold the Company harmless for any damages, including, without limitation, damage or injury to property or person, losses, costs, or expenses that you may incur as a result of your use of the Content, this Website or information and/or services available through this Website.
Severability:
If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity of enforceability of the remaining provisions of these Terms of Use.
Integration Clause:
You hereby acknowledge that these Terms of Use, all documents referenced herein, as well as any Customer License Agreement, represent the entire understanding between you and the Company concerning your use of this Website, and the Content, information and services available on this Website.
Survivability:
All representations and warranties made by the Company shall survive termination of the Terms of Use.
Headings of the Terms of Use:
The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of the Terms of Use for interpretation purposes.