STANTON TERMS OF USE

 

TERMS AND CONDITIONS OF USE

Last Updated: November 8, 2010

Please read these Terms and Conditions of Use (“Terms of Use”) and our Privacy Policy carefully prior to using www.stantondj.com, (our “Site”) or submitting information to Stanton Magnetics, Inc. (“Stanton Magnetics” or “our”). By visiting or using our Site or submitting information to Stanton Magnetics, you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree with all of these Terms of Use and our Privacy Policy, you are not authorized to use our Site and your sole remedy is to stop using our Site.

USE OF OUR SITE

By using our Site, you represent to Stanton Magnetics that you (i) are a legal entity or of legal age to agree to these Terms of Use and our Privacy Policy; and (ii) agree to comply with all applicable rules, regulations and laws regarding online conduct and transmission of information. To determine your compliance with these Terms of Use and/or our Privacy Policy, we reserve the right, but not the obligation, to monitor your use of our Site.

You are only entitled to use our Site for lawful purposes and pursuant to these Terms of Use and our Privacy Policy. Your use of our Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of our Site, or other actions that we may take in our sole discretion and from time to time. We reserve the right to modify, suspend, or discontinue the availability of our Site or any portion or feature of our Site at any time in our sole discretion and without prior notice.

Although our Site is accessible worldwide, our Site is not designed nor intended for use outside of the United States. Those who choose to access our Site from locations outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all local laws. We reserve the right, at any time and in our sole discretion, to limit the availability and/or use of our Site to any person, geographic area, or jurisdiction.

CODE OF CONDUCT

You agree that you shall not, and you shall not attempt, or otherwise authorize, encourage, or support a third party's attempts, to:

  • Use our Site for any unlawful personal, commercial, research, or information gathering purposes;
  • Circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Site;
  • Create derivative works of or reproduce, modify, distribute, sell, or otherwise transfer any rights in or to any of the content on our Site;
  • Meta tag, provide links to, frame, or mirror our Site;
  • Restrict, inhibit, or prevent any access to, use or enjoyment of our Site;
  • Use any search engine, software, tool, agent or other device or mechanism, including, without limitation, browsers, spiders, robots, scraper, avatars or intelligent agents, deep link, or other similar automated device, program, algorithm or methodology (other than those made available by Stanton Magnetics on our Site or other generally available third party web browsers, e.g., Firefox or Microsoft Internet Explorer), to access, acquire, copy, monitor, navigate, or search our Site; or
  • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of our Site or the contents of our Site;

USE OF FORUMS

Our Site features forums which allow users of our Site to post information and discuss various topics related to our Site, products, and other topics. You represent and warrant to Stanton Magnetics that you own all of the rights in and for, or that you have a valid license to transmit, submit or post, any and all information that you transmit, submit or post to our Site. If you transmit, submit or post information to our Site, upon such transmission, submission or posting, you automatically grant Stanton Magnetics a worldwide, fully-paid, royalty-free, non-exclusive, sub-licensable right and license to use, copy, format, modify, adapt, publish and/or incorporate any or all such information in any media whatsoever, and to allow the sharing of such information by you. Stanton Magnetics reserves the right, in its sole discretion and for any reason, to (1) remove information submitted to Stanton Magnetics or posted on our Site; (2) deny access to the forums on our Site; and/or (3) delete your account, username, and password. Stanton Magnetics is not responsible for the sharing, retention, use, or privacy of information posted to our Site. If you do not want others to view or use your information, then do NOT post such information to our Site. Stanton Magnetics does not verify information posted to our Site.

Stanton Magnetics has a “Code of Conduct” governing your use of our Site. You agree that you shall comply with the Code of Conduct by not transmitting, submitting or posting any of the following to our Site:

  • Information that is false, inaccurate, incomplete, untimely or misleading;
  • Information that violates any law, statute, ordinance or regulation;
  • Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to Stanton Magnetics or third parties or that infringes on Stanton Magnetics’ or any third party's rights of publicity or privacy;
  • Information that contains any viruses, worms, Trojan horses, trap doors, back doors, Easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
  • Information containing or constituting chain letters, mass mailings, political campaigning, unsolicited or unauthorized advertising, or any form of "spam";
  • Commercial advertisements or solicitations without prior written permission from Stanton Magnetics;
  • Information that infringes Stanton Magnetics’ or any third party's copyright, patent, trademark, trade secret or other confidential and/or proprietary rights; or
  • Copyrighted and/or trademarked information without prior written permission from Stanton Magnetics;

USERNAMES AND PASSWORDS

Use of the forums on our Site requires that you register a username and password. Your username and password will allow you to log in, access, and post information to the forums on our Site. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY, MAINTENANCE AND PROPER USE OF YOUR USERNAME AND PASSWORD AND SOLELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree not to disclose any usernames or passwords to any third party and not to permit any third party to make use of any username or password. You also agree to use proper termination procedures at the end of each session during which you access our Site, including full termination of your connection with our Site.

You shall immediately notify Stanton Magnetics by e-mail if you become aware of any actual or suspected unauthorized access to or use of our Site by any party or any other actual or potential security breach involving our Site. Stanton Magnetics may, at our sole discretion and at any time, decide to change your username or password upon notice to you.

If you discover at any time that you have been granted access to any information or documents contained on our Site that you are not authorized to access or view, you shall (a) immediately cease any access to such information; (b) take reasonable steps to prevent the disclosure of any such unauthorized information; and (c) immediately inform Stanton Magnetics of this situation by e-mail.

INTELLECTUAL PROPERTY RIGHTS

The name "Stanton Magnetics", www.stantondj.com, and other trade names, URLs, and website domain names owned or operated by Stanton Magnetics, and Stanton Magnetics’ graphics, logos, page headers, button icons, scripts, service names and trade names are copyrights, service marks, trademarks and/or trade dress of Stanton Magnetics. You may not use any of these proprietary marks without our prior express written permission. We make no proprietary claim to any third party names, copyrights, service marks, trademarks, or trade dress appearing on our Site. Any third party names, copyrights, service marks, trademarks, or trade dress appearing on our Site are property of their respective owners. Without our prior written consent, you may only print, download, or otherwise use our proprietary marks solely for your own internal, non-commercial use consistent with these Terms of Use and applicable law. Except as otherwise permitted under the copyright laws of the United States no other copying, distribution, redistribution, transmission, publication, or use is permitted. You shall not delete any proprietary notices appearing on any of our proprietary marks. You agree to comply with all applicable United States and foreign rules, regulations, and laws relating to the importation and/or exportation of technical data associated with our Site.

LINKS TO THIRD PARTY WEBSITES

Our Site may contain links to thirty party websites. These links do not constitute an endorsement by Stanton Magnetics of those websites, nor the products or services promoted on or offered through those websites. We are not responsible for the terms and conditions of use, privacy policy, practices, or the content of such third parties or their websites. We encourage our customers and users of our Site to be aware of when they leave our Site and to read the terms and conditions of use and privacy policy of each website for which there is a link from our Site. If you have a question about the terms and conditions of use, privacy policy, practices, or content of a third party website, please contact the applicable third party directly. You acknowledge and agree that we shall not be a party to, or in any way responsible for, any transaction involving products or services made available from third parties or for any content relating to any products or services offered by third parties.

DISCLAIMER OF WARRANTIES

YOU AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY PROVISIONS SET FORTH BELOW ARE REASONABLE, REFLECT AN INFORMED, VOLUNTARY ALLOCATION OF THE RISKS BOTH KNOWN AND UNKNOWN THAT MAY EXIST IN CONNECTION WITH THESE TERMS OF USE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE WHICH MATERIALLY INDUCED STANTON MAGNETICS TO ENTER INTO THESE TERMS OF USE.

THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA AND FILES THROUGH THE INTERNET ARE SUBJECT TO A VARIETY OF CONDITIONS BEYOND OUR CONTROL THAT MAKE SUCH TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL POTENTIALLY UNRELIABLE. OUR SITE, INCLUDING BUT NOT LIMITED TO, ALL CONTENT, LICENSES, FUNCTIONS, MATERIALS, AND INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THESE TERMS OF USE, OUR SITE, AND OUR PRODUCTS AND SERVICES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING UNDER ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT OUR SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN SHALL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS SHALL BE CORRECTED; THAT OUR SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THAT OUR SITE WILL BE SECURE FROM UNAUTHORIZED ACCESS; OR THAT SITE WILL DETECT EVERY SECURITY OR OTHER VULNERABILITY OF YOUR COMPUTER SYSTEMS. WE DO NOT WARRANT THAT OUR SITE WILL MEET YOUR REQUIREMENTS, OR THAT OUR SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF OUR SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, QUALITY, RELIABILITY, SECURITY, APPROPRIATENESS FOR A PARTICULAR TASK OR APPLICATION, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY STANTON MAGNETICS OR ANY OF OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. WE MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD PARTY PRODUCTS, SERVICES, CONTENT, DATA MATERIAL, SOFTWARE, EQUIPMENT, OR HARDWARE. WE SHALL NOT BE LIABLE FOR YOUR USE OF OUR SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT USE OF SITE IS AT YOUR SOLE RISK.

Our Site may become unavailable due to any number of factors, including, without limitation, scheduled or unscheduled maintenance, technical failure of the software, telecommunications infrastructure, or the unavailability or interruption of access to the Internet. The disclaimers set forth in this Section shall apply regardless of whether (i) we determine that your computer systems are deemed “secure”; (ii) you perform such modifications to your computer systems as we reasonably suggest in order for your computer systems to be deemed “secure”; or (iii) otherwise.

Some state laws do not allow disclaimers of implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

LIMITATIONS OF LIABILITY

WE SHALL NOT BE RESPONSIBLE FOR ANY BUSINESS INTERRUPTIONS THAT MAY BE CAUSED BY YOUR USE OF OUR SITE OR YOUR INABILITY TO ACCESS OUR SITE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU FOR THE COST OF PROCUREMENT OF REPLACEMENT PRODUCTS, SERVICES, DATA, CONTENT, OR MATERIALS. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, OUR SITE, PRODUCTS, OR SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUMULATIVE LIABILITY OF STANTON MAGNETICS TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS OF USE, OUR PRIVACY POLICY, YOUR USE OF OUR SITE, OR SUBMISSION OF INFORMATION TO STANTON MAGNETICS, IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL FEES PAID BY YOU TO STANTON MAGNETICS DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Some state laws do not allow limitations on certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

INDEMNIFICATION OF STANTON MAGNETICS

You hereby agree to defend, indemnify, and hold harmless Stanton Magnetics and its officers, directors, shareholders, employees, affiliates, independent contractors, agents, and representatives from and against all claims and expenses, including, but not limited to, attorneys' fees and costs, arising out of, or attributable to (i) any breach or violation by you of these Terms of Use or our Privacy Policy; (ii) your failure to provide accurate, complete, and/or current information when visiting or using our Site and/or submitting information to Stanton Magnetics; or (iii) your use or misuse of our Site.

CHANGES TO OUR TERMS OF USE

At our sole discretion and at any time, we may amend these Terms of Use. You should review these Terms of Use for amendments each time you visit or use our Site. For your convenience, we post on our Site the last date these Terms of Use were updated. If our Terms of Use are amended, the amended Terms of Use will take effect immediately for all users of our Site. Your continued use of our Site following an amendment will evidence your acceptance of the amended Terms of Use.

DISPUTE RESOLUTION

Most customer concerns involving our Site and products can be resolved quickly and efficiently through our customer service department. If you are unable to resolve your concern within ten (10) business days of contacting our customer service department, then either party may file an arbitration proceeding pursuant to the terms of these Terms of Use to resolve the dispute.

Any controversy or dispute not resolved through our customer service department and arising out of these Terms of Use, our Privacy Policy, the use of our Site, and/or the submission of any information to Stanton Magnetics through our Site shall be submitted to final binding arbitration in Broward County, Florida before the American Arbitration Association under the commercial arbitration rules then administered by the American Arbitration Association. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. Except as otherwise provided in these Terms of Use, no action at law or in equity based upon any claim arising out of or related to these Terms of Use, our Privacy Policy, the use of our Site, and/or the submission of any information to Stanton Magnetics through our Site shall be instituted in any court by any party, except: (i) an action to compel arbitration pursuant to this section; (ii) an action to enforce an award obtained in an arbitration proceeding in accordance with this section; or (iii) an action for injunctive relief. Any arbitration relating to Terms of Use, our Privacy Policy, the use of our Site, and/or the submission of any information to Stanton Magnetics through our Site will take place on an individual basis and class arbitrations and class actions are not permitted. You agree that you and Stanton Magnetics are each waiving their right to trial by jury or to participate in a class action.

The prevailing party in any arbitration proceeding or any action to compel arbitration, enforce an arbitration award, or seek injunctive relief and arising out of or relating to these Terms of Use, our Privacy Policy, the use of our Site, and/or the submission of any information to Stanton Magnetics through our Site will be entitled to an award of their attorneys’ fees and costs incurred at trial and all levels of appeal. You also agree that service of any court paper may be affected upon you by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules. You acknowledge that we may be irreparably damaged if these Terms of Use or our Privacy Policy are breached by you, and damages at law would be an inadequate remedy. In the event of a breach or threatened breach of any provision of these Terms of Use or our Privacy Policy by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms of Use or our Privacy Policy.

GOVERNING LAW, JURISDICTION, AND VENUE

These Terms of Use and our Privacy Policy shall be governed by, and construed in accordance with, the laws of the State of Florida (without giving effect to principles of conflicts of laws). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. For any action to compel arbitration or enforce an arbitration award or seek injunctive relief pursuant to these Terms of Use, our Privacy Policy, and/or our Terms of Sale, the parties hereby expressly consent to the jurisdiction and venue of the state and/or federal courts in and/or for Broward County, Florida, USA, and each party hereby expressly waives any objection to such venue based upon forum non-conveniens or otherwise.

COPYRIGHT INFRINGEMENT NOTICE

Pursuant to the Digital Millennium Copyright Act, notifications (each, a "Notification") of claimed copyright infringement appearing on our Site shall be sent in writing to Stanton Magnetics’ designated agent as follows:

  • Stanton Magnetics, Inc.
  • Attn: Marketing
  • 309 Plus Park Boulevard
  • Nashville, TN 37217
  • Phone: 615.871.4500
  • E-mail: Marketing Department

Pursuant to Title 17, U.S. Code, Section 512(c)(2), to be effective, the Notification must include the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single Notification, a representative list of such works;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Stanton Magnetics to locate the material;
  4. Information reasonably sufficient to permit Stanton Magnetics to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):

  1. Stanton Magnetics will remove or disable access to the material that is alleged to be infringing;
  2. Stanton Magnetics will forward the written Notification to the alleged infringer; and
  3. Stanton Magnetics will take reasonable steps to promptly notify the alleged infringer that Stanton Magnetics has removed or disabled access to the material.

Counter Notification: Pursuant to Title 17, U.S. Code, Section 512(c)(2), a party may counter a Notification by providing a written communication (each, a "Counter Notification") to Stanton Magnetics’ designated agent that includes substantially the following:

  1. A physical or electronic signature of the party;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the party has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The party’s name, address, and telephone number, and a statement that the party consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the party’s address is outside of the U.S., for any judicial district in which Stanton Magnetics may be found, and that the party will accept service of process from the person who provided the Counter Notification or an agent of such person

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, U.S. Code, Section 512(c)(2):

  1. Stanton Magnetics will promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Stanton Magnetics will inform the Complaining Party that Stanton Magnetics will replace the removed material or cease disabling access to the removed material within ten (10) business days;
  3. Stanton Magnetics will replace the removed material or cease disabling access to the removed material within fourteen (14) business days following receipt of the Counter Notification, provided Stanton Magnetics’ designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the party providing the Counter Notification from engaging in infringing activity relating to the removed material on Stanton Magnetics’ network or system.

GENERAL INFORMATION

All covenants, agreements, disclaimers, limitations, representations, and warranties made in these Terms of Use, our Privacy Policy, and/or our Terms of Sale, as may be amended by Stanton Magnetics from time to time, will survive your acceptance of these Terms of Use, our Privacy Policy, and the termination of your use of our Site. These Terms of Use and our Privacy Policy, both as amended from time to time, represent the entire understanding and agreement between you and Stanton Magnetics regarding the subject matter of these Terms of Use and our Privacy Policy, and supersede all other previous agreements, understandings or representations regarding the same. By using our Site you consent to receive communications from Stanton Magnetics electronically. Although we may choose to communicate with you by other means, we may also choose to solely communicate with you electronically by e-mail or by posting notices on our Site. You agree that all agreements, notices, disclosures, and other communications that we send to you electronically satisfy any legal requirement that such communications be in writing. No waiver of any portion of these Terms of Use or our Privacy Policy will be effective unless it is in writing and signed by an authorized representative of Stanton Magnetics. The failure of Stanton Magnetics to require performance of any obligation of these Terms of Use or our Privacy Policy will not affect our right to enforce any provision of these Terms of Use or our Privacy Policy at a subsequent time, and the waiver of any rights arising out of any breach will not be construed as a waiver of any rights arising out of any prior or subsequent breach. If any court of competent jurisdiction deems unlawful, void, or unenforceable any part of these Terms of Use or our Privacy Policy, the applicable document as a whole will not be deemed unlawful, void, or unenforceable, but only that portion of the applicable document that is unlawful, void, or unenforceable will be stricken. Your obligations under these Terms of Use and our Privacy Policy are not assignable, transferable, or sub-licensable by you.

CUSTOMER SUPPORT

If you have questions, comments or concerns about these Terms of Use, our Privacy Policy, or any product we offer, please contact Stanton Magnetics at:

  • Stanton Magnetics, Inc.
  • Attn: Customer Support
  • 772 S. Military Trail
  • Deerfield Beach, FL 33442
  • Phone: 954.949.9600
  • Fax: 954.949.9590
  • E-mail: Stanton Customer Support