Last Changes to Website Terms and Conditions of Use: May 25, 2018
These are the terms and conditions (“Terms”) governing your use of the SensorLink® Corporation (“SensorLink,” “we,” “us,” or “our”) websites, including the website located at http://sensorlink.com (including any versions optimized for viewing on a mobile or tablet device); all e-mail newsletters published or distributed by; and all other interactive features and communications provided by SensorLink, however accessed and/or used, that are operated by us, made available by us, or produced and maintained by us (“website”).
USE OF THIS WEBSITE BY AN INDIVIDUAL OR ENTITY IN ORDER TO RECEIVE INFORMATION ON OR ORDER ANY SENSORLINK PRODUCT CONSTITUTES ACCEPTANCE OF THE FOLLOWING TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS THEN YOU MAY NOT USE THE WEBSITE OR ANY FUNCTIONALITY ASSOCIATED WITH IT.
USE OF INFORMATION
We do not want to collect or maintain information from those under the age of 13. No part of this website is structured to attract anyone under the age of 13. By using our website, you represent and warrant that you are not less than 13 years of age.
Orders may be placed for SensorLink products by finding your appropriate representative. Additional contact and ordering information is listed on this website.
Any order via phone placed to us is only deemed accepted on receipt of order confirmation by the user at their provided address. If for any reason we are unable to fulfill your order, for example due to non-availability of stock, the communication will explain this and, if applicable, detail the appropriate credit or refund process.
PRODUCTS, CONTENT AND SPECIFICATIONS
Details of the products available for purchase are set out on the website. Up to date pricing information is available by contacting your authorized representative or via telephone at 360-595-1000. All features, content, specifications, and products described or depicted on this website are subject to change at any time without notice. If listed, descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the website at a particular time does not imply or warrant that these products will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.
ACCURACY OF INFORMATION
We attempt to ensure that information on the website is complete, accurate, and current. Despite our efforts, the information on the website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the website. For example, products included on the website may be unavailable or may have different attributes than those listed. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service or to refuse service to any customer. We also may require verification of information prior to the acceptance or shipment of any order.
All payment is taken in United States Dollars. Payment is taken at time of order, unless communicated otherwise. For orders placed directly with us, we accept all major credit cards. For all charges or deposits for any products ordered by you directly from SensorLink, we will bill your bank card or alternative payment method offered by SensorLink, and you agree to pay all such charges or deposits. When you provide card information, account numbers or other information necessary to facilitate payment to us or our authorized representatives, you represent and warrant to us that you are the authorized user of the card that is used to pay for the products. In the event legal action is necessary to collect on balances due, you agree to reimburse SensorLink and its authorized representatives for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the website.
We send all products ordered directly from us freight allowed, UPS Ground. You are responsible for the full price of any other shipping method including any applicable handling charges. All such purchases are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Lead times are subject to change; always contact SensorLink or your authorized representative for current lead times.
ORDER AND DELIVERY RESTRICTIONS
SensorLink may refuse any order that it has reasonable cause to believe is for onward sale other than through distribution channels approved by SensorLink. SensorLink makes no promise that products available on the website are appropriate or available for use in locations outside the United States. If you choose to access this website from locations outside the United States or place an order for delivery of a product to an address in a prohibited location, you do so at your own risk. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the purchase, shipment, possession, use and sale of any item purchased from this website.
You represent and warrant that the personal information provided during the ordering process is true and accurate in all respects and undertake in the event that any of the personal information changes to notify SensorLink at the earliest opportunity using one of the means of communication given above. SensorLink has the right to suspend or terminate your order and refuse any and all current or future use of the website (or any portion thereof).
RETURN AND EXCHANGE POLICY
You may return or exchange a product purchased only in accordance with our warranty and returns policy, as may be communicated to you. All returns are subject to a 10% restocking fee.
UNDER NO CIRCUMSTANCEs SHALL YOU ACCESS OR ATTEMPT TO ACCESS SENSORLINK’S COMPUTER SYSTEM, COMPUTER NETWORK, OR ANY PART THEREOF FOR THE PURPOSE OF EXECUTING ANY OPERATION TO DEFRAUD OTHERS, COMMIT THEFT, OR VIOLATE ANY LOCAL, STATE, OR FEDERAL LAW.
We may suspend or terminate your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We may also block your access to our website in the event that: (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that you have the right and authority to enter into these Terms, are fully able and competent to satisfy the terms, conditions, and obligations herein, and your use of the website is and will be in compliance with all applicable laws. You represent that you have read, understood, agree with, and will abide by the terms of these Terms.
SensorLink grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the website or its content. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the website and/or any portion of the website may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without SensorLink’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.
COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by SensorLink, its licensors, vendors, agents and/or its Content providers. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The website may only be used for the intended purpose for which such website is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the website. The website, its Content and all related rights shall remain the exclusive property of SensorLink or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the website.
All trademarks, service marks and trade names of SensorLink used herein (including but not limited to: SensorLink name, SensorLink corporate logo, the website name, the website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of SensorLink or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify SensorLink trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without SensorLink's prior written consent. You shall not use SensorLink’s name or any language, pictures or symbols which could, in SensorLink’s judgment, imply SensorLink’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
THIRD PARTY LINKS
From time to time, the website may contain links to websites that are not owned, operated or controlled by SensorLink or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this website, you do so entirely at your own risk.
Your use of the website is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER SENSORLINK, NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER SENSORLINK, NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SENSORLINK OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATIONS OF LIABILITY
SENSORLINK DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL SENSORLINK, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT SHALL SENSORLINK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE PRODUCTS PURCHASED OR SUBSCRIBED BY YOU FROM SENSORLINK.
You agree to defend, indemnify and hold SensorLink and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your violation of any term of these Terms; (ii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; or (iii) your violation of any law, rule or regulation of the United States or any other country.
In the event that you have a dispute with one or more other users of the website, you release SensorLink (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Neither SensorLink nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
NO CONTRACTUAL RELATIONSHIP
The User acknowledges that, by the use of this website, no relationship of any kind, including but not limited to partnerships, joint ventures, employment, contractual, or agency relationship, exists between the user and SensorLink or any of its affiliates or employees.
If you do not understand any of the foregoing Terms, or if you have any questions or comments, we invite you to contact our Customer Service Department by email at firstname.lastname@example.org or by writing to us at the below address:
1360 Stonegate Way
Ferndale, WA 98248 USA
Phone: (360) 595-1000
Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the State of Washington. You consent to the exclusive jurisdiction of the state and federal courts located in King County, Washington. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms set forth the entire understanding and agreement between us with respect to the subject matter hereof. We do not guarantee continuous, uninterrupted or secure access to our website, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and all incorporated agreements may be automatically assigned by SensorLink in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. All sections which by their context ought to survive these Terms shall survive any termination or expiration of these Terms.
All design, graphics, text selections, arrangements, and all software are Copyright © 2018, SensorLink Corporation and its related companies or its licensors. ALL RIGHTS RESERVED.