(Last updated March 22, 2016)
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THIS WEBSITE ON THE WORLD WIDE WEB (THE "SITE") OF EPKO INDUSTRIES, INC. D/B/A WINFIELD THYBONY (“WINFIELD THYBONY”) AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YOU AGREE THAT WINFIELD THYBONY MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SERVICES AND PROGRAMS DESCRIBED IN OR OFFERED ON THIS SITE, IF ANY, AT ANY TIME WITHOUT NOTICE, AND YOU FURTHER AGREE THAT WINFIELD THYBONY CAN REVISE THESE TERMS AT ANY TIME WITHOUT NOTICE BY UPDATING THIS POSTING. YOU AGREE THAT YOUR CONTINUED USE OF THE SITE AFTER SUCH MODIFICATIONS HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF SUCH REVISED TERMS.
Use of the Site. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by WINFIELD THYBONY. WINFIELD THYBONY and its affiliates reserve the right to refuse service and/or terminate accounts in its discretion, including, without limitation, if WINFIELD THYBONY believes that user conduct violates applicable law or is harmful to the interests of WINFIELD THYBONY or its affiliates.
Password Protected Areas. Some areas of the Site are password restricted to registered users (“Password Protected Areas”). If you are a registered user of the Password Protected Areas, you agree that you are entirely responsible for maintaining the confidentiality of your password and will not share your password with or disclose your password to any third party. You agree that you are entirely responsible for any and all activities which occur under your account, whether or not you are the individual who undertakes such activities. You agree to immediately notify WINFIELD THYBONY of any unauthorized use of your account or any other breach of security in relation to the Site known to you. In the event that you breach any provision in these Terms, WINFIELD THYBONY shall be entitled to disable your password to discontinue your use of the Password Protected Areas.
Sale Terms and Conditions. If you place an order through the Site, your order will be covered by our Sale Terms and Conditions, available here.
Disclaimer of Warranty. You acknowledge and agree that this Site may include certain errors, omissions, and/or outdated information which may affect the quality of the Materials. You agree that WINFIELD THYBONY does not warrant the accuracy or timeliness of the Materials, and further agree that WINFIELD THYBONY has no liability for any errors or omissions in the Materials, whether provided by WINFIELD THYBONY or its licensors.
WINFIELD THYBONY, FOR ITSELF AND EACH OF ITS LICENSORS, MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE IS PROVIDED TO YOU ON AN "AS IS" AND “WHERE-IS” BASIS, AND IS FOR PERSONAL USE ONLY. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED.
Limit of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WINFIELD THYBONY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USING, DISPLAYING, COPYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL WINFIELD THYBONY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF WINFIELD THYBONY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY MATERIALS ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
Additional Rights. Certain jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Miscellaneous. These Terms shall be governed by the laws of the State of Illinois, U.S.A. without regard to conflict of laws principles. The parties agree that any claim shall be brought in the federal and state courts located in Cook County, Illinois, U.S.A., and both parties hereby submit to the jurisdiction of such courts. If any provision hereof shall be held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid and enforceable, and the remaining provisions of these Terms shall not be affected thereby. The failure of WINFIELD THYBONY to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitutes the parties’ entire understanding regarding the use of the Site and personally identifiable information collected from persons who correspond with WINFIELD THYBONY, and supersedes any and all other prior or contemporaneous agreements, whether written or oral.
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