BARTELL MACHINERY SYSTEMS, L.L.C. LEGAL
STATEMENT
Please read this Legal Statement carefully before using the BARTELL
MACHINERY SYSTEMS, L.L.C. Internet Web site(s). If you do not agree to the terms of this
Legal Statement, please do not use the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web
site(s). YOU AGREE AND ACKNOWLEGE THAT BY CLICKING THE "I ACCEPT" BUTTON BELOW,
YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LEGAL STATEMENT AND
YOUR ACCEPTANCE OF THE BARTELL MACHINERY SYSTEMS, L.L.C. PRIVACY STATEMENT, A LINK TO
WHICH IS ALSO PROVIDED BELOW.
BARTELL MACHINERY SYSTEMS, L.L.C. and its affiliates provide their
services to you subject to the following notices, terms, and conditions. In addition, when
you use any service of BARTELL MACHINERY SYSTEMS, L.L.C. or its Internet Web site(s), you
will be subject to the rules, guidelines, policies, terms, and conditions applicable to
that service and you will be subject to all governing state and federal laws., including
applicable patent, copyright, trademark and other intellectual property laws.
Copyright
This site, in its entirety, is the sole property of BARTELL MACHINERY SYSTEMS,
L.L.C. or its content suppliers and protected by U.S. and international copyright laws.
The compilation (meaning the collection, arrangement, and assembly) of all content on this
site is the exclusive property of BARTELL MACHINERY SYSTEMS, L.L.C. and is protected by
U.S. and international copyright laws. All software used on this site is the property of
BARTELL MACHINERY SYSTEMS, L.L.C. or its affiliates and is protected by U.S. and
international copyright laws. The content and software on this site may be used as a
personal shopping, and e-commerce resource. Any other use, including the reproduction,
modification, distribution, creation of derivative works, transmission, republication,
display, or performance of the content on this site is strictly prohibited. The
application of this site, into any other site, is strictly prohibited unless pre-approved
by BARTELL MACHINERY SYSTEMS, L.L.C..
Trademarks
BARTELL MACHINERY SYSTEMS, L.L.C.
Use of Site
By accessing this site you are agreeing to all of the terms, conditions, and
statements included in this legal statement. The entirety of 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 BARTELL MACHINERY SYSTEMS,
L.L.C.. Theis Internet Web site BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) may
not be linked to any other site without prior consent of BARTELL MACHINERY SYSTEMS, L.L.C.
and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel
orders at its discretion, including, without limitation, if BARTELL MACHINERY SYSTEMS,
L.L.C. believes that customer conduct violates applicable law, disrupts our normal
business activities or is harmful to the interests of BARTELL MACHINERY SYSTEMS, L.L.C.
and its affiliates.
E-Mail
By registering or placing an order with us, you are consenting to receive e-mail from
us regarding your registration or your order. Additionally, by registering or placing an
order with us, you are consenting to receive commercial e-mail and mailed promotional
product information from us.
Third Party Property
You agree that you may upload to the software files or otherwise transmit on or
through the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s), only content that is
not subject to any rights of any third parties, or content in which any holder of such
rights has given express authorization for distribution on the Internet. By submitting
content to BARTELL MACHINERY SYSTEMS, L.L.C., you automatically grant, or warrant that the
owner of such content has expressly granted, the royalty-free, perpetual, irrevocable,
non-exclusive and fully sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such content (in
whole or part) worldwide and/or to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of any rights that may exist in
such content.
Reviews and Comments
If, at any time, BARTELL MACHINERY SYSTEMS, L.L.C. enables site visitors to post
reviews of and comments on products featured on the site, then the party posting that
comment or review grants BARTELL MACHINERY SYSTEMS, L.L.C. and its affiliates a
non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to
use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such reviews and comments throughout the world in any media. You
also grant BARTELL MACHINERY SYSTEMS, L.L.C. and its affiliates the right to use the name
that you submit with any review or comment, if any, in connection with such review or
comment.
Risk of Loss
All items purchased from BARTELL MACHINERY SYSTEMS, L.L.C. or its Internet Web site(s)
are made pursuant to a shipment contract. Should there be shipping errors, BARTELL
MACHINERY SYSTEMS, L.L.C. will offer reasonable assistance in the correction of that
error. However, the risk of loss and title for such items pass to you upon our delivery to
the carrier. You must file any such claims with that delivery carrier.
Display of Products
We use commercially reasonable efforts to ensure that the colors, design and
details of the products displayed on the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web
site(s) are accurate. However, we cannot and do not guarantee that the colors, font types,
design, paper stock and/or detail, as displayed by your monitor, will be accurate and we
assume no responsibility whatsoever for such difference in color, design and details.
Defective Products
In the event that you received a defective product, please contact BARTELL
MACHINERY SYSTEMS, L.L.C. within thirty (30) days from the date of your order. Your sole
remedy for any defective product shall be limited to the repair or replacement of the
product. THE FOREGOING COMPRISES BARTELL MACHINERY SYSTEMS, L.L.C.’S ENTIRE LIABILITY
IN CONNECTION WITH YOUR TRANSACTION.
BARTELL MACHINERY SYSTEMS, L.L.C. reserves the right at any time and
without notice to change the products which are available for order. In the event, your
selected product is no longer available, BARTELL MACHINERY SYSTEMS, L.L.C. in its sole
option and discretion will either make a substitution or refund your purchase price.
Sales Tax
In accordance with various statutes, BARTELL MACHINERY SYSTEMS, L.L.C. is required to
collect sales tax on any purchase of products shipped to customers located in the states
of all fifty states, the District of Columbia and other locations as mandated by law. Tax
rates, the terms specified herein and the items subject to tax are subject to change at
anytime.
Prohibited Conduct and Use
You agree to use the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) only
for lawful purposes. You are expressly prohibited from placing any message in any product
or otherwise transmitting through the BARTELL MACHINERY SYSTEMS, L.L.C. any
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically or otherwise objectionable material of
any kind, including without limitation, any material that encourages conduct that would
constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable local, state, national or international law (collectively, "Prohibited
Conduct"). You agree and acknowledge that BARTELL MACHINERY SYSTEMS, L.L.C. is not
responsible or liable to you or any other party for any Prohibited Conduct by any user of
the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) at any time.
Notwithstanding anything in this Legal Statement to the contrary,
BARTELL MACHINERY SYSTEMS, L.L.C. is in no way obligated to monitor any user's use of the
BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) or to monitor, retain,
review and/or edit the contents of any message sent in a product or otherwise transmitted
through the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s). However, BARTELL
MACHINERY SYSTEMS, L.L.C. does reserve the right, at any time, to monitor, review, retain,
edit and/or disclose any information as we determine necessary, in our sole discretion,
to: (i) satisfy any applicable law, regulation, legal process or governmental request;
(ii) protect and defend our rights and property; (iii) enforce this Legal Statement; (iv)
protect against misuse or unauthorized use of the BARTELL MACHINERY SYSTEMS, L.L.C.
Internet Web site(s); and (v) protect the interests of our users or the public.
You are expressly prohibited from using a false e-mail address or other
identifying information. Further, you may not send products (with or without messages) to
people or other entities on mailing lists that you do not have full rights to use.
Linked Sites
The BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) may contain links to
other web sites solely for your convenience. BARTELL MACHINERY SYSTEMS, L.L.C. does not
endorse nor make any warranties or representations about any web site you may access
through a link from the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s). You agree
and acknowledge that you (and not BARTELL MACHINERY SYSTEMS, L.L.C.) assume all risk for
any dealings or transactions of any nature, including without limitation, the purchase of
any products or services from, or the reliance upon any information or materials contained
in, such linked sites.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL BARTELL
MACHINERY SYSTEMS, L.L.C. BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES
PURCHASED OR OTHERWISE TRANSMITTED FROM THE BARTELL MACHINERY SYSTEMS, L.L.C. INTERNET WEB
SITE(S), THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THE BARTELL MACHINERY
SYSTEMS, L.L.C. INTERNET WEB SITE(S), EVEN IF BARTELL MACHINERY SYSTEMS, L.L.C. OR A
BARTELL MACHINERY SYSTEMS, L.L.C. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BARTELL MACHINERY SYSTEMS, L.L.C.'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR THE PURCHASE OF ANY PRODUCT ON THE BARTELL MACHINERY SYSTEMS, L.L.C. INTERNET WEB
SITE(S). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
Disclaimer
THE CONTENT, MATERIALS AND PRODUCTS ON THE BARTELL MACHINERY SYSTEMS, L.L.C.
INTERNET WEB SITE(S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
BARTELL MACHINERY SYSTEMS, L.L.C. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. BARTELL MACHINERY SYSTEMS, L.L.C. DOES NOT WARRANT THAT THE OPERATION OF THE
BARTELL MACHINERY SYSTEMS, L.L.C. INTERNET WEB SITE(S), OR THE FUNCTIONS CONTAINED IN THE
CONTENT, MATERIALS, OR PRODUCTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE BARTELL MACHINERY SYSTEMS, L.L.C. INTERNET WEB SITE(S) OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BARTELL
MACHINERY SYSTEMS, L.L.C. DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR
THE RESULTS OF THE USE OF THE CONTENT, MATERIALS, OR PRODUCTS IN THE BARTELL MACHINERY
SYSTEMS, L.L.C. INTERNET WEB SITE(S) REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE. YOU (AND NOT BARTELL MACHINERY SYSTEMS, L.L.C.) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BARTELL MACHINERY
SYSTEMS, L.L.C. RESERVES THE RIGHT TO LIMIT PURCHASE AND PURCHASE QUANTITY. IN THE EVENT
OF ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE UNIT PURCHASE. PRICING ON THIS
SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
Usage by Children
BARTELL MACHINERY SYSTEMS, L.L.C. does not solicit the use of the BARTELL
MACHINERY SYSTEMS, L.L.C. Internet Web site(s) or purchase of products offered on the
BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) by minors. However, BARTELL
MACHINERY SYSTEMS, L.L.C. cannot prevent such use or purchase and cannot prevent minors
from visiting the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s). Parents,
guardians and those responsible for supervising minors are solely responsible for
determining what materials, products and services are suitable for such children to view
and/or purchase.
BARTELL MACHINERY SYSTEMS, L.L.C. requires that use of the BARTELL
MACHINERY SYSTEMS, L.L.C. Internet Web site(s) be made either by: (a) individuals 18 years
old or older; or (b) individuals under 18 years of age under the direct supervision of a
parent, guardian or other responsible individual with such parent, guardian or other
responsible individual's verifiable permission for such use, including the collection by
BARTELL MACHINERY SYSTEMS, L.L.C. of certain information in accordance with this Legal
Statement. In addition, BARTELL MACHINERY SYSTEMS, L.L.C. requires that any purchase from
the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s) be by: (a) individuals of legal
age; or (b) by minors under the direct supervision of a parent, guardian or other
responsible individual with such parent, guardian or other responsible individual's
verifiable permission for such purchase. EACH TIME YOU USE THE BARTELL MACHINERY SYSTEMS,
L.L.C. INTERNET WEB SITE(S) OR PURCHASE A PRODUCT OR SERVICE FROM THE BARTELL MACHINERY
SYSTEMS, L.L.C. INTERNET WEB SITE(S), YOU ARE REPRESENTING THAT YOU ARE EITHER: (A) 18
YEARS OF AGE OR OLDER; OR (B) A MINOR WHO IS USING THE BARTELL MACHINERY SYSTEMS, L.L.C.
INTERNET WEB SITE(S) AND PURCHASING SUCH PRODUCT OR SERVICE UNDER THE SUPERVISION, AND
WITH THE VERIFIABLE PERMISSION OF, A PARENT, GUARDIAN OR OTHER RESPONSIBLE INDIVIDUAL FOR
SUCH PURCHASE AND FOR THE COLLECTION OF CERTAIN INFORMATION IN ACCORDANCE WITH THIS LEGAL
STATEMENT.
Jurisdictional Issues
Unless otherwise specified, the materials in the BARTELL MACHINERY SYSTEMS, L.L.C.
Internet Web site(s) are presented solely for the purpose of promoting products and
services available in the United States, its territories, possessions and protectorates.
BARTELL MACHINERY SYSTEMS, L.L.C. makes no representation that materials in the BARTELL
MACHINERY SYSTEMS, L.L.C. Internet Web site(s), or the products and services promoted in
the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web site(s), are appropriate or available
for use outside the United States. Those who choose to access the BARTELL MACHINERY
SYSTEMS, L.L.C. Internet Web site(s) from outside the United States do so on their own
initiative and are responsible for compliance with local laws, if and to the extent local
laws are applicable. Software from the BARTELL MACHINERY SYSTEMS, L.L.C. Internet Web
site(s) is further subject to United States export controls. No software from the BARTELL
MACHINERY SYSTEMS, L.L.C. Internet Web site(s) may be downloaded or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria or any other country to which the United States has embargoed goods; or (ii)
to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the
U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.
Disclaimer
THIS SITE IS PROVIDED BY STENOGRAPH L.L.C. ON AN "AS IS" BASIS. STENOGRAPH
L.L.C. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS
SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, STENOGRAPH L.L.C. DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. STENOGRAPH L.L.C. WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS ACQUIRED
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES. STENOGRAPH L.L.C. RESERVES THE RIGHT TO LIMIT PURCHASE AND
PURCHASE QUANTITY. IN THE EVENT OF ANY SITE ERROR, CUSTOMERS WILL BE LIMITED TO A SINGLE
UNIT PURCHASE. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE.
Applicable Law
BARTELL MACHINERY SYSTEMS, L.L.C. is incorporated in the State of Delaware, USA. As
such, the laws of the State of Delaware 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.
Our Address and Telephone Number
BARTELL MACHINERY SYSTEMS, L.L.C.
6321 Elmer Hill Road, NY 13440
(315) 336-7600
Effective Date
August 01, 2000
