Terms and Conditions
Agreement to Terms and Conditions
These Terms and Conditions apply to the SemperScreen® web site located at www.semperscreen.com, and all associated sites linked to www.semperscreen.com by SemperScreen® (collectively, the "Site"). The Site is the property of SemperScreen®. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
SemperScreen® reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. It is your responsibility to check these Terms and Conditions periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, SemperScreen® grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Unless otherwise noted, product names, designs, logos, titles, text, images, audio and video within this Site are the trademarks, service marks, trade names, copyrights or other property of SemperScreen®. All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication , estoppel, or otherwise, any license or right to use any of the Intellectual Property displayed on the Site without the written permission of SemperScreen®.
Use of this Site
SemperScreen® maintains this Site for your personal entertainment, purchasing, information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio and video without the written permission of SemperScreen®. Changes periodically are made to the information contained in this Site.
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMP LIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES, OR NON INFRINGEMENT. SemperScreen® also assumes no responsibility, and shall not be liable for any such damages to or viruses that may infect, your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites.
In no event shall SemperScreen® or any other party, involved in creating, producing, maintaining or delivering the Site, or any of their officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, exemplary, punitive or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of or in connection with the use or performance of, or your browsing in, or your links to other sites from, this Site.
You agree to indemnify and hold SemperScreen®, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against SemperScreen® by any third party due to or arising out of or in connection with your use of the Site.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or sites not owned by SemperScreen® or its affiliates do not imply endorsement of that product, publication or site. SemperScreen® has not reviewed all material linked to the Site and is not responsible for the content of any such material. Your linking to any other sites is at your own risk.
Communications with this Site
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. SemperScreen® will fully cooperate with any law enforcement authorities or court order requesting or directing SemperScreen® to disclose the identity of or help identify or locate anyone posting any such information or materials.
Any communication or material you transmit to the Site by e-mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. SemperScreen® shall be free to use such information on an unrestricted basis.
Void Where Prohibited
Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. SemperScreen® reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
United States Governing Law
This Site was developed in the United States of America in accordance with and shall be governed by, and your browsing in and use of the Site shall be deemed acceptance of, the laws of the State of California, United States of America. Notwithstanding the foregoing, this Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that SemperScreen® intends to make such products or services available in such countries.
Information about our customers is an important part of our business, and we are not in the business of selling it to others.
Any claim, controversy or dispute, whether sounding in contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to the Site, whenever brought and whether between the parties using the Site and SemperScreen or between one of the parties using the Site and the employees, agents or affiliated businesses of the other party, shall be resolved by binding arbitration as prescribed in this section.
The claim, controversy or dispute, shall be submitted to final and binding arbitration pursuant to the JAMS Comprehensive Arbitration Rules and Procedures in Los Angeles, California. All Parties further agree that the arbitration shall be conducted before a single arbitrator who is a retired California or federal judge or justice, who shall have jurisdiction to decide all matters, including, but not limited to, arbitrability of any claims, the arbitrator’s jurisdiction to hear any such claims, enforceability of the arbitration provision and any request for interim relief. BY AGREEING TO ARBITRATE, THE PARTIES WAIVE ANY RIGHT THEY HAVE TO A COURT OR JURY TRIAL. The Parties further agree that, upon application of the prevailing party, any Judge of the Superior Court of the State of California, may enter a judgment based on the final arbitration award issued by the arbitrator, and expressly agree to submit to the jurisdiction of such court for such a purpose.
Depositions may be taken and other discovery obtained during such arbitration proceedings to the same extent as authorized in civil judicial proceedings in the State of California and approved by the arbitrator. The arbitrator shall have authority only to award compensatory damages and shall to have no authority to award punitive damages, other non-compensatory damages or any other form of relief; the parties hereby waive all rights to and claims for relief other than compensatory damages. The prevailing party in the arbitration proceeding as determined by the arbitrator shall be entitled to recover its expenses, including the costs of the arbitration proceeding, and reasonable attorney's fees. If the arbitrator elects to make no prevailing party award, then, and in such event, each party shall bear its own costs and attorneys' fees, and shall pay fifty percent (50%) of the fees and expenses incurred by the arbitrator. The arbitrator's decision and award shall be final and binding on the parties and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If any party files a judicial or administrative action asserting claims subject to arbitration as prescribed herein, and another party successfully stays such action or compels arbitration of said claims, the party filing said action shall pay the other party's costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys' fees.
Update to Terms and Conditions
These terms and conditions were last updated July 26, 2017