Effective Date: 09/07/2023
In return for being allowed access to the Core Materials Distribution (“Core Materials”) website, www.coremats.com (the “Site”), and by using it, you agree to be bound by the following terms (the “Agreement”) without any limitation or qualification.
PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT AND OUR PRIVACY NOTICE. THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING BY LIMITING OUR LIABILITY AND REQUIRING RESOLVING DISPUTES ON AN INDIVIDUAL, NON-CLASS BASIS.
If you do not agree with and intend to be legally bound by these terms and conditions, do not access or use the Site. Core Materials reserves the right to change the Agreement, and to make changes to any of the products, services, or other matters described in the Site, at any time without notice or liability. Any such revisions are prospectively binding on you. You should periodically visit this page to review the then current Agreement that binds you. Core Materials reserves the right, in its sole discretion and without notice, to deny you access to the Site at any time.
Your Indemnity Obligation
You agree to indemnify, defend, and hold harmless Core Materials and its affiliates and each of their officers, employees, directors, managers, stockholders, members, partners, and agents (all such parties are, collectively, the “Indemnified Parties”) from and against any and all claims, demands, proceedings, suits, and actions, including, without limitation, any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including, without limitation, any attorneys’ and advisors’ fees and disbursements) and costs (collectively, “Claims”), based on, arising out of, or in any way resulting from or connected with your use or alleged use of the Site, including, without limitation, any Claims alleging facts that, if true, would constitute your breach of this Agreement.
If you access, register an account, or otherwise use the Site, you represent you are at least the age of majority in your jurisdiction. The Site is not intended for children under the age of 13 and we do not knowingly collect personal information online from individuals under the age of 13. If we become aware that we have obtained personal information from a child under the age of 13, we will delete such information in accordance with applicable law.
You agree to comply with all national, federal, state, and local laws, statutes, ordinances, regulations, directives, and agreements that apply to your use of the Site and Content. You further agree that you will not (i) use the Site or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Site or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Core Materials; (iii) harvest any information from the Site or Content; (iv) infringe any intellectual property or other right of any third party; (v) reverse engineer or modify the Site or Content; (vi) interfere with the proper operation of the Site or its security features; (vii) use the Site or Content in a manner that suggests an unauthorized association with Core Materials or any other party, or is beyond the scope of the limited license granted to you; or (viii) otherwise violate this Agreement.
No Warranty by Core Materials
The Site may contain inaccuracies or other errors. Core Materials may alter, change, or improve the content at any time without notice. Core Materials makes no representations or warranties as to the Site’s completeness or accuracy or about the Site’s suitability for any purpose. Core Materials makes no commitment to update the Site’s content. You are responsible for all software, hardware, interconnections, fees, expenses, costs, and taxes for you to access or use the Site or to receive any communications from Core Materials.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR TITLE. IN NO EVENT SHALL ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER THE INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Core Materials neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. Core Materials shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text, or video from the Site. The Site may refer to certain goods, products, and/or services that may not be available in your area. A reference to goods, products, and/or services without limiting their geographic scope does not imply that Core Materials offers or intends to offer those goods, products, and/or services in all locations.
Use of Information You Provide to Core Materials
Core Materials collects various pieces of information about you from this Site. While Core Materials takes reasonable steps to safeguard and to prevent unauthorized access to your information, Core Materials cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your information. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES THAT ARE CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) BASED ON, ARISING OUT OF, OR IN ANY WAY RESULTING FROM OR CONNECTED WITH A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER AN INDEMNIFIED PARTY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Core Materials will not treat as confidential any communications you send to Core Materials by electronic mail or otherwise. Core Materials has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.
Core Materials does not accept or consider unsolicited proposals related to its business, including but not limited to proposals for advertising campaigns, logos, names, processes, products, promotions, services, slogans, and technologies. Core Materials requests that you do not send such proposals. Please refrain from sending original creative artwork, blueprints, designs, layouts, photographs, or samples. Core Materials adopted this policy to prevent claims that it copied unsolicited ideas without authorization, when, in fact, it developed the idea independent of, or long before, receiving the unsolicited proposal. If you send Core Materials unsolicited proposals, do so with the understanding that it may use any concept, idea, invention, know-how, or technique you disclose in those communications for any purpose, including for developing, manufacturing, and/or marketing goods, products, or services. Core Materials may do so free of any obligation to compensate you for that use.
Links to and from Other Sites
The Site may provide hyperlinks or references to other websites. While Core Materials tries to provide hyperlinks and references only to websites that are reputable and safe, Core Materials takes no responsibility for the information, products, or services obtained on such sites and will not be liable for any damages arising from or related to your access to such sites. Core Materials provides links to other sites solely for your convenience. The inclusion of such hyperlinks and other references in the Site does not imply an endorsement of the other sites, their contents, or the persons or entities operating those websites. You assume sole responsibility for using links or pointers to third party websites.
You may not hyperlink or provide references to the Site without prior written consent from Core Materials. Core Materials bears no responsibility for websites that provide hyperlinks or references to the Site.
The Site may contain (i) materials and other items relating to Core Materials and its services including: data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, layout, databases, articles, posts, text, URLs, software, technology, interactive features, and the “look and feel” of the Site; (ii) logos, service marks, trademarks, trade names, trade dress, and trade identities of various parties, including those of Core Materials; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All rights, title, and interest in and to the Site and the Content is the property of Core Materials, our licensors, or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws, to the fullest extent possible.
Subject to your strict compliance with this Agreement, Core Materials grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, and use the Site, and to retain one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, the Site or any Content; and (ii) may be immediately suspended or terminated for any reason, in Core Materials’ sole discretion, and without advance notice or liability. Your unauthorized use of the Site or Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
All rights not expressly granted to you are reserved by Core Materials and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Site or Content for any purpose is prohibited.
Forum for Actions, Governing Law, and Procedural Restrictions
You agree this Agreement is made and entered into in Phoenix, Arizona. You agree that Arizona law, without regard to conflicts of law principles, governs this Agreement’s interpretation and/or any dispute related to or arising from your access to, dealings with, or use of the Site. Any lawsuit brought by you related to your access to, dealings with, or use of the Site must be brought in the state or federal courts of Maricopa County, Arizona.
CLASS AND COLLECTIVE ACTION WAIVER: YOU AND CORE MATERIALS EXPLICITLY AGREE TO THE FULLEST EXTENT ALLOWABLE AND ENFORCEABLE UNDER APPLICABLE LAW, THAT ANY DISPUTE ARISING UNDER OR SUBJECT TO THIS AGREEMENT MUST BE TRIED ON AN INDIVIDUAL BASIS. NO DISPUTE SHALL BE TRIED ON A CLASS OR REPRESENTATIVE BASIS.
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure or delay of Core Materials to assert its rights under this Agreement does not constitute a waiver of its right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. Any court, mediator, or arbitrator is requested and instructed to replace such stricken term with the term of similar effect that is most like it that is enforceable. Core Materials may assign its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under it, without the prior written consent of an officer of Core Materials.
If you have any questions about the Site or this Agreement, please contact us at:
Core Materials Distribution
420 S. 53rd Ave, Ste. 102
Phoenix, AZ 85043