TERMS OF USE

IMPORTANT! CAREFULLY READ THESE TERMS OF USE (“TERMS”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND GOVERN YOUR USE OF WWW.GRISWOLDRUBBER.COM. (“Web Site”). This Web Site is owned and operated by Griswold Rubber Company, Inc. (“Company” or “we,” “our,” or “us”). You agree to these Terms by accessing this Web Site. If you do not agree to be bound by all these terms, do not use this web site. Please also read our Privacy Policy, which covers the Web Site’s information collection practices.

Ownership of Materials/License

This Web Site and all of its current and future content, including, without limitation, articles, MSDS documents, other text, photographs, illustrations, images, as well as trademarks, logos, trade dress, domain names, trade names, service marks, trade identities and any and all copyrightable material (including source and object code) and any other form of intellectual property (collectively, "Content") are owned by or licensed to Company or other authorized third parties and are protected as intellectual property or otherwise. Except as expressly set forth in these Terms, no rights (either by implication, estoppel or otherwise) are granted to you. You may not use the Content except as expressly set forth in these Terms. unauthorized use, copying, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. Company may add, change, discontinue, remove or suspend any of the Content at any time, without notice and without liability.

Restrictions on Use

You agree not to:

(i)         upload or transmit viruses, bugs, worms, Trojan horses or other harmful, disruptive or destructive files;

(ii)        upload or transmit material that is false, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, disparaging, vulgar, obscene, pornographic, or that interferes with any third party's uninterrupted use and enjoyment of the Web Site;

(iii)       impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Web Site or to Company, including forging any TCP/IP packet header or any part of the header information in any transmission to the Web Site for any reason;

(iv)       upload or transmit any advertising, junk mail, spam, or chain letters; and

(v)        violate any applicable local, state, federal or international law, rule or regulation.

Information You Submit

Except as otherwise described in the Web Site’s Privacy Policy, anything you submit to Company through this Web Site or otherwise (whether solicited or unsolicited), including, without limitation, any data, questions, comments or suggestions, is and will be treated as non-confidential and non-proprietary. You agree that Company will have the unfettered right to use, reuse, modify, alter, display, archive, store, distribute, reproduce, disclose, transmit, publish, broadcast, or post any submissions or portions of any submissions in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, for developing, manufacturing and marketing products or services using such information. You waive any moral rights you may have in and to any of your submissions, even if such material is altered or changed in a manner not agreeable to you. The Internet may be subject to breaches of security. You should be aware that e-mail submissions over the Internet may not be secure, and you should consider this before e-mailing Company any information.

Disclaimers/Limitations on Liability/Indemnity

THE WEB SITE AND ALL MATERIAL CONTAINED ON IT ARE DISTRIBUTED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF ANY THIRD PARTY RIGHT, FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION. THIS WEB SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER OR NETWORK EQUIPMENT.

COMPANY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE WEB SITE AS SET FORTH BELOW:

COMPANY IS not responsible for any damage to any user's computer OR TO ANY ATTACHED DEVICE, INCLUDING, WITHOUT LIMITATION, DAMAGE from any security breach or from any virus, bugs, WORMS, TROJAN HORSES, TAmpering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line OR NETWORK failure or any other technical or other malfunction.

EXCEPT WHERE PROHIBITED: YOU AGREE THAT COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT, INTERFERENCE OR DESTRUCTION OF THIS WEB SITE) INCLUDING, WITHOUT LIMITATION, RESULTING IN ANY WAY FROM OR IN CONNECTION WITH: (1) THIS WEB SITE; (2) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEB SITE; (3) THE CONTENT; OR (4) ANY ERRORS OR OMISSIONS IN THE WEB SITE’S TECHNICAL OPERATION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE WEB SITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEB SITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK. IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).

Indemnification

By using this Web Site you agree to indemnify, defend and hold Company harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms or any law, rule or regulation; (c) a claim that is based on your use of this Web Site, any domain names associated with the Web Site, and/or the Content; or (d) any content uploaded by you or through your computer to the Web Site or otherwise sent by you to Company. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event defend or settle any matter without the prior written consent of Company.

Third Parties/No Endorsement

This Web Site may provide links to third-party web sites and other resources that could be of interest to our users. Your dealings or communications through the Web Site with any party other than Company are solely between you and that third party. Third-party web sites may have different privacy policies, terms and conditions, and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such web sites. If you decide to access and use third-party web sites, you understand, acknowledge, and agree that you do so at your own risk. You agree that COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH SUCH THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, GOODS, SERVICES, OR BUSINESS PRACTICES OF ANY THIRD PARTIES. Please review carefully a third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company. Company is not responsible for the content or performance of other web sites to which this Web Site may be linked or from which this Web Site may be accessed. Users are requested to inform Company of any errors of inappropriate material found on web sites to which this Web Site is or may be linked.

Linking Policy

If you link to this Web Site, we require that you follow these guidelines. The link to this Web Site must accurately display the Company’s name and must not damage, dilute or tarnish the goodwill associated with any Company names, marks or any other intellectual property, nor may the link create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated or associated with Company. You agree that you will not link to the Web Site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate. If you do link to the Web Site, you may link only to the home page, and not to any other page, directory or subdomain of the Web Site, unless otherwise pre-approved in writing by Company. Under no circumstances may you "frame" this Web Site or alter its intellectual property, look and feel, or Content in any way. Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with the Web Site or these Terms.

Location

Company operates the Web Site in the United States. Information contained on the Web Site may not be appropriate or available for use in other locations, and access to this Web Site from territories where the content of the Web Site may be illegal is prohibited. If you access the Web Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms shall be construed and enforced in accordance with the laws of the State of Connecticut, without regard to its conflicts of law principles and specifically will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms and/or use of this Web Site must be filed in the County of Windham, State of Connecticut. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of Windham, State of Connecticut for any cause of action arising under these Terms or related to the Web Site.

Additional Terms

You agree to comply with all rules, laws, and regulations that are applicable to your use of the Web Site, including, without limitation, all applicable laws, rules, and regulations governing your transmission or use of any software or data. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms, which will remain in full force and effect. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

You understand and agree that Company will determine your compliance with these Terms in its sole discretion. Any violation of these Terms may result in restrictions on your access to all or part of the Web Site and may be referred to law enforcement authorities. Griswold’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Upon demand by Company, you must destroy all materials obtained from this Web Site and all related documentation. 

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms. We will post any changes to these Terms on this Web Site. Your continued use of this Web Site after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes.

Contact Us

For questions or comments regarding these Terms or the Web Site please contact webadmin@griswoldrubber.com.

The Effective Date of these Terms is February 9, 2007.