Terms and Conditions2018-05-04T14:34:00+00:00

Terms & Conditions

Terms & Conditions

TERMS OF USE

ACCEPTANCE THROUGH USE

This website and associated pages on the domain (the “Site”) is operated by Sisel International LLC (“Operator”). By using the Site, you agree to be bound by all of the terms, conditions and notices contained or referenced in these Terms of Use. You should review the Terms of Use from time to time. Operator may change any of the Terms of Use at any time without notice by posting revisions to the Site. Your use or continued use of the Site constitutes your acceptance of the revised Terms of Use. If you do not accept all of the Terms of Use, exit the Site immediately.

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Operator on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not attempt to gain unauthorized access to any portion or feature of the Site including any distributor login, or any other systems or networks connected to the Site or to any Operator server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. Similarly, you may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

NO USE BY CHILDREN

The Site is not directed to, or intended for use by, children (defined as anyone under thirteen (13) years old). Children should not use the Site or submit any information to Operator.

PRIVACY

You should review the Privacy Policy posted elsewhere at the Site before using the Site. Your use or continued use of this Site constitutes your acceptance of Operator’s privacy policy.

LINKS TO THIRD PARTY SITES

The Site may contain links to websites operated by third parties. These links do not constitute or imply an endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under Operators control and are provided for convenience only. Operator is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from these Terms of Use. You should review the policies of a linked site before making a decision to visit or use that site. You should consider carefully whether to submit any information to such third party sites.

USER SUBMITTED CONTENT

By posting or submitting any content or other materials to the Site, including any audio or video files, classified advertisements or personal information (collectively, “Your Content”), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including the copyright thereto, (2) none of the materials included in Your Content are defamatory, libelous, hateful, obscene or pornographic, and (3) use of Your Content as provided in these Terms of Use will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Operator and its designees a worldwide, royalty-free, non- exclusive, transferable, sublicensable license (the “License”) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, market, publicly perform, publish, adapt, edit and prepare derivative works of Your Content in connection with the Site or the conduct of Operator’s business in any formats and through any media channels. Operator may, but is not obligated to, monitor Your Content as it appears on the Site and may edit or delete Your Content at any time and for any or no reason without your permission.

Accounts, Passwords and Security

Certain features or services offered on or through the Site may require you to open an account with Operator. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Operator immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Operator or any other user of or visitor to the Site due to someone else using your password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s password or account at any time without the express written permission and consent of the holder of that password or account. Operator cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Violation of These Terms of Use

Operator may disclose any information it has about you (including your identity) if Operator determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Operator’s rights or property, or the rights or property of visitors to or users of the Site. Operator reserves the right at all times to disclose any information that Operator deems necessary to comply with any applicable law, regulation, legal process or governmental request, including for fraud protection purposes.

You acknowledge and agree that Apple may preserve any transmittal or communication by you with Operator through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Operator determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Operator, its employees, users of or visitors to the Site, and the public.

You agree that Operator may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Operator, for which monetary damages would be inadequate, and you consent to Operator obtaining any injunctive or equitable relief that Operator deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Apple may have at law or in equity.

INDEMNIFICATION

You will indemnify, defend, reimburse and hold harmless Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator, for, from and against any and all liabilities, claims and expenses of any type or nature, including costs and attorney fees, that arise from the exercise of the License set forth above or from your use of the Site. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

INTELLECTUAL PROPERTY

You acknowledge that all content and materials available at the Site other than Your Content (collectively, the “Content”) are owned or controlled by Operator and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted in these Terms of Use and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including any copyright or trademark notices. You may not use the Site for any commercial purpose, including but not limited to, sending unsolicited commercial email or using the Content in making unsolicited commercial phone calls. Except as authorized by Operator in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create or compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Operator is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without Operators permission. Operator’s may terminate the online privileges of individuals who repeatedly violate the copyrights of others or report violating activity to the copyright holder.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to federal copyright law, if you believe copyrighted work is available on this website in a way that constitutes copyright infringement, you may notify the following designated agent of Operator in writing:

SISEL International, LLC
Attn: Legal Department
1325 W. Industrial Circle
Springville, UT 84663
compliance@sisel.net

Your written notification (the “Notification”) to the above-referenced designated agent must include substantially all of the following:

  1. Identification of the copyrighted work that is the subject of the claimed infringement or, if multiple copyrighted works are involved, a representative list of such works;
  2. Identification of the allegedly infringing material, together with information reasonably sufficient to permit Operator to locate such material;
  3. Information reasonably sufficient to permit Operator to contact you, such as your name, valid address, telephone number and email address;
  4. A statement by you that you have a good faith belief that the copyrighted work identified in the Notification is being used in a manner that is not authorized by the copyright owner, its agent or the law;
  5. A statement by you, signed under penalty of perjury, that the information contained in the Notification is accurate and that you are authorized to act on behalf of the owner of the copyrighted work that is allegedly being infringed; and
  6. A physical or electronic signature of the owner of the copyrighted work or a person authorized to act on its behalf.

Upon receipt of a Notification containing substantially all of the foregoing, Operator will take the following steps:

  1. Remove or disable access to the allegedly infringing material;
  2. Forward the Notification to the alleged infringer (the “Impacted Party”); and
  3. Take reasonable steps to promptly notify the Impacted Party that Operator has removed or disabled access to the allegedly infringing material.

The Impacted Party may submit a counter notification in writing to the above-referenced designated agent of Operator. The written counter notification (the “Counter Notification”) must include substantially all of the following:

  1. Identification of the allegedly infringing material that was removed or disabled by Operator and the location where the material appeared before it was removed or access to it was disabled;
  2. A statement under penalty of perjury that the Impacted Party has a good faith belief that the allegedly infringing material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  3. The Impacted Party’s name, address and telephone number and a statement that the Impacted Party consents to the jurisdiction of the United States federal district court for the judicial district in which the address provided by the Impacted Party is located and will accept service of process from you. If the Impacted Party is located outside the United States, the Impacted Party must include a statement that it consents to the jurisdiction of any United States federal district court in which Operator may be found; and
  4. A physical or electronic signature of the Impacted Party.

Upon receipt of a Counter Notification containing substantially all of the foregoing, Operator will take the following steps:

  1. Send you a copy of the Counter Notification;
  2. Inform you that it will replace the allegedly infringing material or cease disabling access to it within ten (10) business days; and
  3. Replace the removed allegedly infringing material or cease disabling access to it not less than ten (10) nor more than fourteen (14) business days following receipt of the Counter Notification; provided you have not supplied the designated agent with evidence that you have filed an action seeking a court order to restrain the Impacted Party from engaging in the infringing activity that was the subject of the Notification. Operator may  terminate the online privileges of individuals who repeatedly violate the copyrights of others or report violating activity to the copyright holder.

DISCLAIMER OF WARRANTIES

OPERATOR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. YOU AGREE THAT THE SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE, INCLUDING THE CONTENT (COLLECTIVELY, THE “SITE MATERIALS”), ARE PROVIDED ON AN “AS IS/WHERE IS/AS AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. OTHER THAN THOSE WARRANTIES THAT ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW, THE SITE MATERIALS ARE PROVIDED FOR YOUR USE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPERATOR DOES NOT MAKE ANY WARRANTY THAT ANY OF THE SITE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, THAT THE SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS AVAILABLE AT THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST OPERATOR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A SPECIFIC PART OF THE BARGAIN BETWEEN THE PARTIES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL OPERATOR, OR ANY PARENT COMPANY, SUBSIDIARY, AFFILIATE, DIVISION, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR OR AGENT OF OPERATOR, BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR FROM ANY INFORMATION PROVIDED AT THE SITE, INCLUDING THE CONTENT AND YOUR CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INTERNATIONAL USE

The Site is intended for use by legal U.S. residents residing within the geographic borders of the United States. If you choose to access the Site from any location other than the United States, you accept full responsibility for compliance with the laws of the jurisdiction where the access occurs. Operator makes no representation that the Site or the Site Materials are appropriate or available for use in locations outside the United States. Accessing the Site or using any of the Site Materials from any jurisdiction where access or use is illegal is prohibited. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If you access and download any Content (including any software or the Services) or information, you represent that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited.

CHOICE OF LAW

This Agreement will, for all domestic and international purposes, be governed, interpreted, construed and enforced solely and exclusively in accordance with the laws of the State of Utah, without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site will be filed only in the state or federal courts located in Utah County, State of Utah, and you further agree and submit to the exercise of personal jurisdiction of these courts for the purpose of litigating any such claim or action.

INTEGRATION AND SEVERABILITY

These Terms of Use, along with the Privacy Policy, if any, posted elsewhere at the Site, constitute the entire agreement between Operator and you with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site. If any provision of these Terms of Use or the Privacy Policy are determined to be invalid or unenforceable, all other provisions thereof will remain in full force and effect.

UNAUTHORIZED USE AND TERMINATION

You agree to use the Site only for authorized and legal activities. Operator reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

THIS SITE DOES NOT PROVIDE MEDICAL ADVICE

The contents of this site, such as text, graphics, images, information obtained from, or contained on this site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site! Products, product descriptions or other statements on this Site have not been evaluated by the Food and Drug Administration. Products on this Site are not intended to diagnose, treat, cure, or prevent any disease.

The Operator, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Operator of this site do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the site. Reliance on any Content or information provided by the Site, including Your Content or content submitted by others including visitors, is solely to be considered or used at your own risk.

If you think you may have a medical emergency, call your doctor or 911 immediately.

CONTACT INFORMATION

Questions concerning these Terms of Use or the Site should be directed to compliance@sisel.net.