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TERMS AND CONDITIONS OF USE |  |
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Sustain Rights to Materials Provided by Users
Sustain welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Sustain and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Sustain a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Sustain of any material or ideas submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Sustain for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Sustain is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Sustain or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Sustain or Sustain's any affiliate, parent company or subsidiary other than pursuant to these terms and conditions of use. Sustain shall not be responsible for the payment of any monies to any party in connection with Sustain‘s use of Communications submitted by you to the Site.
Indemnification
You shall indemnify, defend and hold harmless Sustain its parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Sustain reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Sustain.
The Site may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, does not constitute an endorsement by Sustain or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Sustain or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Sustain or any of its affiliates.
You should direct any concerns regarding any external link to its site administrator or Webmaster. Sustain does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Sustain reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
By choosing to use the products you purchase and receive from Sustain and its affiliates, you accept full responsibility for any liability arising out of their use. You are liable for any damages whatsoever, including but not limited to, any damages arising under negligence, any consequential damages whether foreseeable or not, any economic loss, and any other liability and damages due to any cause arising from using or obtaining the products received from Sustain and its affiliates.
Applicable Law
This site is created and controlled by Sustain in the State of Illinois, USA. As such, the laws of the State of Illinois will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws. We reserve the right to make changes to our site and these disclaimers, terms, and conditions at any time.
None of the products or underlying information or technology available at this Site may be downloaded or otherwise exported (i) into (or to a national or resident of) Cuba, Iraq, Iran, Libya, North Korea, Sudan, Syria, or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading from, or using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You further agree to indemnify Sustain against any and all costs, liabilities, losses or expenses arising from, or relating to, any asserted violation by you of any of the laws and administrative regulations of the United States relating to the control of exports of commodities and technical data.
Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER SUSTAIN NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. SUSTAIN AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO SUSTAIN'S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL SUSTAIN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF SUSTAIN, ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $50.
BY CHOOSING TO USE THE PRODUCTS YOU PURCHASE AND RECEIVE FROM SUSTAIN AND ITS AFFILIATES, YOU ACCEPT FULL RESPONSIBILITY FOR ANY LIABILITY ARISING OUT OF THEIR USE. SUSTAIN DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS OR OTHER CONTENT OF THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. YOU ARE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DAMAGES ARISING UNDER NEGLIGENCE, ANY CONSEQUENTIAL DAMAGES WHETHER FORESEEABLE OR NOT, ANY ECONOMIC LOSS, AND ANY OTHER LIABILITY AND DAMAGES DUE TO ANY CAUSE ARISING FROM USING OR OBTAINING THE PRODUCTS RECEIVED FROM SUSTAIN AND ITS AFFILIATES.
Price Information
Otherwise stated explicitly, all prices displayed on this Site are quoted in U.S. Dollars and subject to change at Sustain's discretion.
Sales Tax
State and local sales taxes will be charged on purchases of taxable merchandise based on the destination of the shipment. Sustain shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the state of Illinois. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Website Use & Sale Terms and Conditions
Sustain provides services to you subject to the following notices, terms, and conditions.
Please read the following terms and conditions ("Terms and Conditions") carefully before using this web site ("Site"). By accessing, browsing, and using this Site, you acknowledge that you have read, understood, and agree to comply with the Terms and Conditions. If you do not agree to all of the terms and conditions, please leave our Site now. Please review the Terms and Conditions each time you use the site as it is subject to change at any time by Sustain without notice to you and your continued usage of this Site will mean you accept those changes.
Use of Site
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Sustain. Sustain and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Sustain believes that customer conduct violates applicable law or is harmful to the interests of Sustain.
Copyright
All materials contained on this Site are subject to the ownership rights of Sustain and its suppliers. Sustain hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or ordering Sustain's merchandise. You agree that any copy made must include Sustain copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this website.
This Site also contains trademarks of Sustain protected under United States and International Trademarks laws. Use of such marks without Sustain's written permission is strictly prohibited.
