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TERMS OF USE

These Terms of Use were last modified and effective as of March 14, 2014.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES AND, TOGETHER WITH ALL THE OTHER TERMS OF USE REFERRED TO BELOW, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US REGARDING YOUR USE OF OUR WEBSITE.

IF, FOR ANY REASON, YOU ARE UNABLE OR UNWILLING TO AGREE TO ALL OF OUR TERMS, DISCONTINUE USING OR ATTEMPTING TO USE THIS WEBSITE, BECAUSE IF YOU CONTINUE, YOU WILL BE AGREEING TO ALL THE TERMS DESCRIBED OR REFERRED TO BELOW.

1.      Introduction. Thank you for using www.wilcon.com or any other website (each a “Site”) controlled and operated by Wilcon Operations LLC and/or its operating subsidiaries (“Wilcon”).  Each Site contains general legal information based on us and information about our products and services. These Terms of Use (“Terms of Use”) represent a legally binding agreement between you and us and apply to your use of our Sites. By using any of our Sites, you acknowledge that you have read, understood and agree to comply with these Terms of Use and our Privacy Policy which is incorporated into these Terms of Use by reference. If you do not accept any of these terms, please do not use any of our Sites.

2.      General. Your use of any of our Sites indicates acceptance of these Terms of Use, which include our Privacy Policy. We may from time to time change the terms that govern your use of our Sites and we will post a notice of the effective date of any material revisions to these Terms of Use on this page. Material revisions to our Privacy Policy will be posted on our Privacy Policy page. You should therefore check this page and our Privacy Policy page regularly. Your use of any of our Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use and our Privacy Policy as changed.

3.      Privacy. Your privacy is important to us. Our use of your information is governed by our Privacy Policy. Read it carefully since it is describes how we collect and use information we obtain from you.  Attempted use of the Website to violate the security of our computer network or security encryption codes or to engage in any kind of illegal activity is expressly prohibited.

4.      Intellectual Property Rights. Copyright in the content of each Site (including without limitation all images, illustrations, designs, icons, photographs, video clips, trademarks, service marks, the “look” and “feel”, color combinations, button shapes, layout, design, graphical elements, arrangement of items, written and other materials that appear on this Site, HTML and other code and all copyrightable or otherwise legally protectible elements on our Sites) and all database rights in each Site (collectively, the “Content”) are owned by Wilcon  or its licensors and are legally protected under intellectual property laws. Except as expressly authorized by Wilcon  or its licensors, the modification, copying, distribution or incorporation into any other work of part or all of any Site or its Content in any form is prohibited.  You also may not, without Wilcon’s prior express written authorization copy any content or use any Wilcon Marks for any purpose.

“Wilcon Marks” refers to any product names, names of services, marks, logos, slogans, trademarks, service marks and brands Wilcon and its operating subsidiaries uses in connection with its products or services.

5.      Third Party Website Links.  This website may contain links that make it easier for you to connect to third party websites or that will let you access any of our Sites from third party websites. Wilcon is not responsible for the contents of any linked third party website or any link contained in such a linked website. Existence of links to other third party websites is not an endorsement by Wilcon in favor of such website or the products or services contained in any third party website.

6.      Indemnification. You agree to defend Wilcon  against all claims, demands, or actions arising from or incurred as a result of your breach of these Terms of Use (“Claim”) and you shall indemnify and hold us harmless from and against any expenses, losses, damages and costs (including but not limited to reasonable legal costs and disbursements) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us, at our request, in the defense of any such Claim.

 7.      Disclaimer And Limitation Of Liability. OUR SITES AND ALL CONTENT ARE MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY RELATING TO TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR PURPOSE. THERE IS NO GUARANTY OR ASSURANCE OUR SITES OR CONTENT WILL BE AVAILABLE FOR USE OR THAT ALL CONTENT WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT ANY SITE OR CONTENT IS ACCURATE, COMPLETE, ERROR FREE.  TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FORM OUR SITES, CONTENT, ANY ACTION TAKEN (OR NOT TAKEN) AS A RESULT OF OUR SITE OR CONTENT OR OUR TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF CLAIM AND WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

8.      Secure Access.  Access to and use of secure access areas of the Website and our customer portal is restricted to authorized users only.  Unauthorized individuals attempting to use these areas of the Website or unauthorized use of such Website may face criminal liability.