Terms and Conditions
Terms and Conditions
Welcome to the Industrial Fasteners Institute website (the “Website”). Access to, and use of, the Website is subject to the terms and conditions listed below (the “Terms and Conditions”). Please read and review carefully these Terms and Conditions which govern your use of the Website. Your use of the Website signifies your binding consent to these Terms and Conditions, which supersede all previous representations, understandings or agreements regarding the information contained herein.
The Industrial Fasteners Institute may revise these Terms and Conditions at any time. If you have questions regarding these Terms and Conditions, please contact us at firstname.lastname@example.org. By using the Website, you are agreeing to be bound by the then-current version of these Terms and Conditions.
Disclaimer of Warranties
THE WEBSITE AND ALL RELATED CONTENT AND SOFTWARE ARE PROVIDED “AS IS” AND THE INDUSTRIAL FASTENERS INSTITUTE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE INDUSTRIAL FASTENERS INSTITUTE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Limitation on Liability
IN NO EVENT WILL THE INDUSTRIAL FASTENER INSTITUTE OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF THE INDUSTRIAL FASTENERS INSTITUTE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE INDUSTRIAL FASTENER INSTITUTE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE INDUSTRIAL FASTENERS INSTITUTE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE INDUSTRIAL FASTENERS INSTITUTE’S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE INDUSTRIAL FASTENERS INSTITUTE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE INDUSTRIAL FASTENERS INSTITUTE, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Governing Law and Venue
By using the Website, you agree that the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute that may arise between you and the Industrial Fasteners Institute (subject to the arbitration provisions outlined below). Further, you expressly agree that exclusive jurisdiction for any dispute arising hereunder resides in the Courts of Cuyahoga County, Ohio.
All provisions of these Terms and Conditions are severable and neither these Terms and Conditions nor any provision hereof shall be affected by the invalidity, inapplicability or unenforceability of any other provision of these Terms and Conditions.
The failure of the Industrial Fasteners Institute to enforce any terms and conditions of these Terms and Conditions or to respond to any breach by you or other parties shall not in any way be deemed a waiver of the Industrial Fasteners Institute’s right to enforce any terms or conditions of these Terms and Conditions.
YOU AND THE INDUSTRIAL FASTENERS INSTITUTE MUTUALLY AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS AND CONDITIONS AND/OR THE WEBSITE SHALL BE FINAL AND BINDING ARBITRATION, except to the extent that either you or the Industrial Fasteners Institute has in any manner infringed upon or violated or threatened to infringe upon or violate the other party’s patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above, then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration pertaining to these Terms and Conditions shall be conducted in Cleveland, Ohio, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS AND CONDITIONS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Website be instituted more than three (3) years after the cause of action arose.
You agree to indemnify and hold Industrial Fasteners Institute, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any user content, any third party applications, software or content you post or share on or through the Website, your use of the Website, your conduct in connection with the Website or with other users of the Website, or any violation of these Terms and Conditions or of any law, regulation or the rights of any third party.
The Industrial Fasteners Institute reserves the right, in its sole discretion, to terminate your access to all, or any part, of the Website at any time and without notice for any reason. The Industrial Fasteners Institute, in its sole discretion, may also discontinue operating the Website and terminate these Terms and Conditions at any time and without notice for any reason.