Terms and Conditions
Last Updated: October 7, 2014
This Internet Web site is provided by Connell Mining Products LLC, a New Jersey limited liability company, and its affiliates (collectively, "Connell"). Your use of this site is subject to and conditioned upon your acceptance of these Terms and Conditions and your use of this site constitutes acceptance of these Terms and Conditions. The words “we”, “us” and “our” also refer to Connell.
These Terms and Conditions may change at any time, without prior notice to you, and such changes shall take effect upon their posting to this Web site. We recommend that you re-read these Terms and Conditions from time to time to be apprised of all changes. Your use of the site after the changes will constitute your acceptance of the Terms and Conditions as changed.
Use of Materials on this Web site
Subject to the terms and conditions set forth herein, Connell grants you a revocable, non-exclusive, non-transferable, limited right to access, use and display this Web site and the materials herein. Without Connell's prior written permission, you (and anyone authorized by you) may not reproduce, duplicate, copy, distribute, sell, modify, display, prepare derivative works based on, link, frame, re-post or otherwise use the contents of this Web site, and you may not delete or change any copyright, trademark, or other proprietary notices on any content hereof that you download or copy. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right.
We may terminate, change, suspend or discontinue any aspect of this site at any time. We may also impose limits on certain features and services or restrict your access to parts or all of this site without notice to you or liability to us. We may also terminate the authorization, rights and license given herein and, upon such termination, you shall immediately destroy any contents of this Web site that you have downloaded.
You should assume that anything you see or read on this Web site is copyrighted by or otherwise proprietary to Connell, its licensors and/or third parties, and may not be used without the written permission of the owner(s). Any unauthorized use of the images may violate applicable laws.
If you are an owner of intellectual property who believes their intellectual property has been improperly posted or distributed via this Web site, please notify Connell immediately at 200 Connell Drive, Berkeley Heights, NJ 07922, Attention: Legal Department. Your notice must contain sufficient detail and supporting material as well as a contact information for any response by Connell.
Conduct on the Web Site
You agree not to interrupt or attempt to interrupt the operation of this Web site in any way. You may use the Web site only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the site:
• In any way that violates any applicable federal, state, local or international law or regulation including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Connell, a Connell employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To corrupt or misuse any data that may be submitted to or accessed through the Web site.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Web site, or which, as determined by us, may harm Connell or users of the Web site or expose them or us to liability.
Additionally, you agree not to:
• Use the Web site in any manner that could disable, overburden, damage, or impair the site or interfere with any other person’s use of the Web site.
• Use any robot, spider or other automatic device, process or means to access the Web site for any purpose, including monitoring or copying any of the material on the Web site.
• Use any manual process to monitor or copy any of the material on the Web site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Web site.
• Introduce any virus, trojan horse, worm, logic bomb or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Web site, the server on which the Web site is stored, or any server, computer or database connected to the Web site.
• Attack the Web site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Web site.
Your Communications to Connell
You acknowledge that you are responsible for any material you submit via the site, including the legality, reliability, appropriateness, originality and applicable intellectual property rights of/in such material.
You may provide us with personal information when you (a) download product information, (b) signup for future mailings, such as: The Blast Newsletter, product campaign materials, press releases and targeted promotional material, (c) request information about products we offer, (d) request parts or components or information about them, or (e) utilize the Contact page to email us for any reason. When you provide us with your personal information, we may add you to our contact database for the purpose of marketing to you products that we sell; otherwise provide, administer and communicate with you about our products, services, events, surveys and promotions (including by sending you marketing communications); and process, evaluate and respond to your requests, inquiries and applications. Beyond this, we may utilize tracking and data collection tools that collect statistical data (e.g., inbound traffic, pages visited, items clicked and geo-tracking) on an anonymous basis. We would use such information collected on an anonymous basis to operate, evaluate and improve our business (including developing new products and services; managing our communications; performing market research; determining and managing the effectiveness of our advertising and marketing; analyzing our products, services and Web site; and administering this Web site). We use such information for our marketing and sales purposes and will not sell your information to third parties. This collected information will not identify you to Connell. It may, however, let us know anonymously, which services and features you are using the most within the application, as well as device type and hardware features, country and language of download.
Sharing and Transferring of Your Personal Information
We will protect your personal information using reasonable commercial efforts under the circumstances. We do not sell or otherwise disclose personal information about our Web site visitors outside Connell, except as described here.
• We may share information provided by our visitors to this site with service providers we have retained to perform services on our behalf. These service providers are generally contractually restricted from using or disclosing the information except as necessary to perform services on our behalf, or to comply with legal requirements.
• We may disclose information about you (i) if we are required to do so by law or legal process, (ii) to law enforcement authorities or other government officials as required to comply with a legitimate legal request, or (iii) when we believe disclosure is necessary to prevent physical harm or financial loss, or in connection with an investigation of suspected or actual illegal activity.
• We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets.
Links to Other Sites
We provide links to other Web sites for your convenience and information. These sites may have their own privacy statements or policies in place, which we recommend you review if you visit any linked Web sites. We are not responsible for the content of linked sites or any use of such linked sites.
Disclaimer; Limitations of Damages
THE MATERIAL ON THIS WEB SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. CONNELL DOES NOT REPRESENT OR WARRANT, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY AS TO, THE ACCURACY, ADEQUACY, TIMELINESS, USEFULNESS, RELIABILITY OR COMPLETENESS OF THE CONTENTS HEREOF OR OF ANY STATEMENT OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THIS WEB SITE. YOUR USE AND BROWSING OF THIS WEB SITE IS AT YOUR SOLE RISK, INCLUDING, WITHOUT LIMITATION, THAT INFORMATION YOU SEND OR RECEIVE MAY NOT BE SECURE. UNDER NO CIRCUMSTANCE SHALL CONNELL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES OR LOSSES, TANGIBLE OR INTANGIBLE (INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS WEB SITE OR ANY WEB SITE LINKED TO THIS WEB SITE OR THE MATERIAL OR INFORMATION CONTAINED AT THIS OR ANY SUCH LINKED WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONNELL WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, OR NETWORK OR SYSTEM OUTAGE. CONNELL DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS WEB SITE IS PROVIDED TO YOU "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED FROM ANY COURSE OF PERFORMANCE OR COURSE OF DEALING, AND ANY WARRANTIES AS TO NON-INFRINGEMENT. CONNELL RESERVES THE RIGHT TO MAKE CHANGES TO THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
On occasion, upon your visit to the Web site, you may ask us for information or advice about certain products. We may respond to inquiries to the best of our ability based on information you provide to us, and the knowledge we may have concerning the application. We will not, however, be in a position to verify the information provided or to evaluate the applicable engineering requirements. Accordingly, we do not warrant or guarantee or assume any liability with respect to such information or advice. ANY EXPRESS OR IMPLIED WARRANTY THAT MIGHT ARISE FROM THE INFORMATION OR ADVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY WARRANTY OF FITNESS FOR YOUR PARTICULAR PURPOSE IS SPECIFICALLY DISCLAIMED.
You agree to indemnify, defend and hold harmless Connell and its respective officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and courts costs, arising or resulting from your use of the site and any violation of these Terms and Conditions. If you cause a technical disruption to the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption. Connell reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Connell in the defense of such matter.
Connell controls and operates this Web site from its headquarters in New Jersey, United States of America and makes no representation that these materials are appropriate, legal or available for use outside of New Jersey. If you use this Web site from other locations, you are responsible for compliance with applicable local laws, and you may not use this Web site in violation of U.S. export laws and regulations. Items posted by Connell on this Web site are available in many parts of the world. However, this Web site may describe products that are not generally available worldwide.
Time Limit for Commencing Action
Any cause of action you may have with respect to this Web site must be commenced within one (1) year after the claim or cause of action arises, otherwise such claim or cause of action shall be barred.
Governing Law; Jurisdiction; Venue
These Terms and Conditions will be governed by and construed in accordance with the internal laws of the State of New Jersey, United States of America without regard to its conflicts of law provisions. In addition, by your use hereof, you irrevocably consent and agree that any legal action or proceeding brought by you or us with respect to this Web site or your use thereof shall be brought only in a federal or state court having subject matter jurisdiction and located in the State of New Jersey, and you hereby (i) submit to and accept the exclusive jurisdiction of the aforesaid courts, (ii) irrevocably agree to be bound by any final judgment (after any appeal) of any such court, (iii) irrevocably waive, to the fullest extent permitted by law, (A) any objection which you may now or hereafter have to personal jurisdiction or the laying of venue of any suit, action or proceeding brought in any such court, and (B) any claim that any such suit, action or proceeding in any such court has been brought in an inconvenient forum.
If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect.
These Terms and Conditions constitute the entire agreement between Connell and you with respect to your use of this Web site and the subject matter hereof, and they supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of this Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.