Terms of Use - INVAR Technologies

Terms of Use

INVAR Technologies, Inc., a company having its principal place of business at 1661 McDonald Avenue, Suite 115, Brooklyn, NY 11230 (“INVAR”, “us”, “we” or “our”) provides this web site, www.invar.nyc (the “Site”) subject to your compliance with these terms and conditions (the “Agreement”). PLEASE READ THIS BEFORE ACCESSING THE SITE. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE SITE. 1. Rules

a) While visiting the Site, you may not:a) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Site in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Site or the Internet;

b) post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other similar, harmful or disruptive component; or

c) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right-holder.

2. Site Operation

INVAR shall be under no obligation to continue to operate the Site for any particular term and may remove or change the Site at its sole and absolute discretion.

3. INVAR Services

INVAR offers certain services on the Site (such services being the “INVAR Services”). The INVAR Services are offered pursuant to the INVAR Services Terms and Conditions available on the Site.

4. Monitoring

INVAR has no obligation to monitor the Site. However, you agree that INVAR has the right to monitor the Site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its users in accordance with INVAR’s Privacy Policy. INVAR will not intentionally monitor or disclose any private electronic-mail message unless required by law. INVAR reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

5. Submissions

All information submitted to INVAR through Site shall become the property of INVAR and INVAR shall be free to use, for any purpose, idea, concepts, know-how or techniques contained in in formation that you may submit to INVAR through this Site. INVAR shall not be under an obligation of confidentiality in respect of such information except and to the extent that INVAR enters into or assists in establishing a customer relationship with or for you, or as otherwise agreed by INVAR or as may be required by applicable law.

6. Privacy

In so far as you enter into a customer agreement, other than this Agreement, with INVAR or one of its sponsoring banks, processors or suppliers, then information submitted by you in the course of such relationship shall be governed pursuant to INVAR privacy policy posted on this Site, such as it may be from time to time.

7. Limitation of Liability

INVAR, INCLUDING ITS AFFILIATES, RELATED COMPANIES, LICENSORS AND OTHER SUPPLIERS, TAKE NO RESPONSIBILITY FOR THE ACCURACY OR VALIDITY OF ANY CLAIMS OR STATEMENTS CONTAINED IN THE SITE INCLUDING, WITHOUT LIMITATION, IN RELATION TO THE DATA. FURTHER, INVAR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ANY OF THE INFORMATION CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, INCLUDING WITHOUT LIMITATION DATA, IMAGES, VIDEOS AND OTHER DOCUMENTATION IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. IN NO EVENT SHALL INVAR BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. UNDER NO CIRCUMSTANCES SHALL THE INVAR BE LIABLE TO YOU FOR ANY AMOUNT GREATER THAN ONE HUNDRED DOLLARS.

8. Recourse

If you are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines or practices of INVAR in operating the Site, your sole and exclusive remedy is to discontinue using the Site.

9. Indemnity

You agree to defend, indemnify and hold INVAR and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of this Agreement by you or users of your account, or in connection with the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Site or on the Internet by you or users of your account.

10. LIMITATIONS OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INVAR, ITS INVAR, ITS AGENTS AND LICENSORS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF INVAR HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURING. EXCEPT AS REQUIRED BY LAW, IN NO EVENT SHALL INVAR’S LIABILITY (WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT OR OTHERWISE) TO YOU, OR ANY THIRD PARTY, IN ANY WAY CONNECTED WITH OR ARISING OUT OF THIS AGREEMENT (AND ALL OTHER AGREEMENDS BETWEEN INVAR AND YOU) EXCEED THE FEES ACTUALLY PAID TO INVAR BY YOU DURING THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

11. Intellectual Property

All elements of the Site (the “Elements”) such as, without limiting the generality of the foregoing, the Data, texts, articles, photos, illustrations, images, videos and audio materials, are the property of INVAR and are subject to licenses or agreements allowing their broadcast through the site. No site Element may be copied, reproduced, distributed, published, translated, downloaded, posted or sent, in any way whatsoever, without the prior written approval of INVAR or the copyright holder. You are allowed to post or download the site Elements, but solely for non-commercial purposes and for personal use, provided you do not change these Elements and maintain all their intellectual property notices.The trademarks and logos used or posted on the Site are trademarks which were registered or not by INVAR or third parties. Nothing in the Site may be interpreted as allowing, directly or indirectly, the use of a trademark reproduced on Site without the prior written approval of the owner of such trademark.

12. Third Party Links

Third parties may provide links to other internet websites or resources on this Site. INVAR neither controls nor endorses such ‘linked sites’ nor have we reviewed or approved the content or information that appears on these linked sites. You acknowledge and agree that INVAR is not responsible for the legality, accuracy or appropriate nature of any content, advertising, products or any other materials on or available from such linked sites. You further acknowledge, and agree that INVAR, its officers, directors, employees, affiliates nor any other representatives shall not be held responsible, or liable, directly or indirectly, for any damage, or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods and services available on or through any such linked sites.

13. Territory

The Site originates and is published in the State of New York, USA, however, certain services offered from this Site are offered elsewhere.

14. Termination

INVAR Technologies screens vendors rigorously before allowing any access to the network, computers or other resources belonging to our clients. This screening involves assessment of the vendor's security practices, applications, protocols and other aspects to ensure that the vendor will provide high-quality service and will not negatively impact the security posture or performance of the client's network, computers and other devices. INVAR Technologies requires that all vendors retained by the Client which need access to the Client's computers, mobile devices or network resources undergo such screening. INVAR Technologies reserves the right to terminate this contract in the event that the Client retains or utilizes the services of vendors who have not been previously screened and approved by INVAR Technologies for compliance with our security protocols and potential negative business impact.

15. Amendments

INVAR reserves the right to amend this Agreement at any time and without notice. Such changes shall be binding on you if you continue to use the Site. Please review this Agreement from time to time to see that you are in agreement with the terms hereof, such as they may be from time to time.

16. Governing Law and Arbitration

Governing Law. The Agreement and the relationship between you and us is governed by the laws of the State of New York without regard to its conflict of law provisions.Mandatory Arbitration and No Jury Trial. Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration will take place in Brooklyn, New York. The arbitrator’s decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. You shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, BROOKLYN, NEW YORK.

17. Miscellaneous

This Agreement, including any and all documents referenced herein, constitutes the entire agreement between INVAR and you pertaining to the subject matter hereof. In the event that you are solicited by INVAR for a product or service and you wish to procure such product or service then the application for and supply of such product or service shall be governed by additional terms and conditions separate and apart from this Agreement. INVAR’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. Nothing in this Agreement shall be construed as constituting a partnership, joint venture or other association of any kind, or agent/principal relationship between the parties hereto. If any of the provisions contained in this Agreement were determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the applicable laws of the State of Delaware and the federal laws applicable therein.

18. Contacting INVAR

If you have any questions concerning this Agreement, please contact INVAR through the contact information set out on the Site.

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