MADE IN U.S.A.
Terms and Conditions
Terms and conditions of use of https://www.elyriaspring.com
THESE TERMS AND CONDITIONS OF USE (THE “Terms and Conditions”) GOVERN THE USE OF THE WWW.ELYRIASPRING.COM WEBSITE (THE “Website”). THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION ABOUT A USER’S RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY. THEY ALSO CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
BY USING THE WEBSITE, OR BY PLACING AN ORDER WITH ELYRIA SPRING & SPECIALTY, INC. (“Elyria”), IT IS ACKNOWLEDGED THAT THESE TERMS AND CONDITIONS HAVE BEEN READ, ACCEPTED AND AGREED TO, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO MODIFICATION, SO THESE TERMS AND CONDITIONS SHOULD BE READ EACH TIME THE WEBSITE IS USED.
Links to Third-Party Sites. The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Elyria and Elyria is not responsible for the contents of any Linked Site, including, but not limited to, any link contained in a Linked Site, or any changes or updates to a Linked Site. Elyria is not responsible for webcasting or any other form of transmission received from any Linked Site. Elyria provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Elyria of the site or any association with its operators.
No Unlawful or Prohibited Use. As a condition of the use of the Website, the user warrants to Elyria that the Website will not be used for any purpose that is unlawful or prohibited by these terms, conditions, and notices. The Website may not be used in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. Materials or information may not be obtained or attempted to be obtained, through any means, not intentionally made available or provided for through the Website.
Limitation of Liability. To the maximum extent allowed by law, Elyria, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any direct, indirect, punitive, special, consequential, exemplary, or incidental damages – including, but not limited to, personal injury, pain and suffering, emotional distress, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, or loss of anticipated revenues or profits relating to the same – arising from any claim relating to the use of, or inability to use the Website or any websites linked to it, whether such claim is based on warranty, contract, tort (including negligence or strict liability), or otherwise. These limitations shall apply notwithstanding any failure of essential purpose of any remedy.
Severability. If any provision of these Terms and Conditions is held illegal, unenforceable, or in conflict with any law by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions and the validity of the remainder of these Terms and Conditions shall not be affected thereby.
Warranty Disclaimer. To the fullest extent provided by law, Elyria will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect computer equipment, computer programs, data, or other proprietary material due to the use of the Website or any services or items obtained through the Website or to downloading of any material posted on it, or on any website linked to it.
Use of the Website, its content, and any services or items obtained through the Website, is at the user’s own risk. The Website, its content, and any services or items obtained through the Website, are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Elyria nor any person associated with Elyria, makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither Elyria nor anyone associated with Elyria represents or warrants that the Website, its content, or any services or items obtained through the Website, will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
To the fullest extent provided by law, Elyria hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law, but only to the extent that they cannot be excluded or limited.
Governing Law. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Lorain County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms and Conditions, including without limitation this paragraph. The user agrees that no joint venture, partnership, employment, or agency relationship exists between the user and Elyria as a result of this agreement, or use of the Website. Elyria’s obligations are subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Elyria’s right to comply with governmental, court and law enforcement requests or requirements relating to use of the Website or information provided to or gathered by Elyria with respect to such use.
Binding Arbitration. Any claim or dispute relating in any way to use of the Website, or these Terms and Conditions shall be submitted to confidential arbitration, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. Arbitration would remove the right to litigate a claim in court or to have a jury trial on that claim. Other rights that would be available in in court may not be available in arbitration. It is important that this provision is read carefully before these Terms and Conditions are accepted. The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms and Conditions, these Terms and Conditions shall control. Procedures, rules, and fee information can be obtained from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that is attended shall take place in Lorain County, Ohio. Ohio state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.
Class Action Waiver. To extent allowed by law, any right to pursue disputes on a consolidated or class-wide basis, that is, to either join a claim with the claim of any other person or entity, or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding is hereby waived by the user. The user understands that by agreeing to this class action waiver, the user may only bring claims against Elyria in an individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding.
Indemnification. The user agrees to indemnify, defend, and hold harmless Elyria, its officers, directors, employees, agents, licensors and suppliers, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to the use of the Website (including negligent or wrongful conduct) or accessing the Website.
Waivers and Amendments. Any relaxation or waiver by Elyria of any provision of these Terms and Conditions on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms and Conditions on any other occasion or upon any other circumstances. Elyria reserves the right to change the terms, conditions, and notices under which the Website is offered, including but not limited to the charges associated with the use of the Website. All changes are effective immediately when posted. The continued use of the Website after the changes have been posted will be construed to mean that any and all changes are accepted and agreed to. Users are expected to check this page frequently for any changes.
Termination and Access Restriction. Elyria reserves the right, in its sole discretion, to terminate access to the Website and any related services, or any portion thereof, at any time, and without notice.
Notices and Procedures for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), Elyria has a Designated Agent to whom all notifications of claimed copyright infringement under United States copyright law should be sent. The Designated Agent’s information is as follows:
Name: Western Management, Inc.
Address: 14577 Lorain Ave.
Cleveland, OH 44111
Phone number: 1-866-784-2003
Email: privacy@elyriaspring.com
Copyright and Trademark Notices. The Website and its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Elyria, its licensors or other providers of such material, and are protected by the United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary laws. All rights are reserved.
Users may electronically copy and print hard copy portions of the Website for the sole purpose of placing an order with Elyria or purchasing products. Users may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for non-commercial use, or to place an order or to purchase products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Elyria. The user further agrees not to change or delete any proprietary notices from materials downloaded from the site.
