These General Terms and Conditions of Use ("Terms") are a legally binding agreement entered into by and between you and Insta-Mold Products, Inc., a Pennsylvania corporation having an address at 640 Hollow Road, Oaks, Pennsylvania 19456 ("Insta-Mold" or "we" or "us"). In consideration of your use of and access to the www.instamold.com Web site (the "Site"), content, and other services made available by Insta-Mold (collectively, "Services"), and the other promises and obligations in these Terms, you and Insta-Mold, intending to be legally bound, agree as follows:1. Agreement to Terms
In the event that any portion of the Services includes separate or additional terms ("Additional Terms") from Insta-Mold, then such Additional Terms shall also apply to your use and access of that particular Service and will be part of the Terms with respect to that Service. Should there be any direct conflict between these Terms and the Additional Terms, the Additional Terms shall govern.
Except as expressly stated in these Terms, the terms and conditions of any purchase you make from Insta-Mold are not modified or superseded by these Terms or the information or content provided by or through the Services.
By using and accessing the Services you confirm that you are at least 18 years of age and agree to comply with all laws, rules and regulations applicable to the Services and your use of the Services, including any purchases made by or through the Services.2. Changes to Terms:
These Terms shall remain in effect until terminated by Insta-Mold. Insta-Mold shall have the right to terminate these Terms or suspend, terminate or deactivate your account or access to the Services at any time, in its sole discretion, without notice, for any or no reason. In the event of termination of these Terms you are no longer permitted to use or access the Services and your authorization to do so is automatically terminated.Insta-Mold retains the right to change, update, modify or discontinue the operation of some or all of the Services, or any portion or features thereof, including without limitation the offering of any or certain products or services through the Services, at any time, in its sole discretion, without notice for any or no reason. The restrictions imposed on you, the disclaimers, indemnities, and limitations of liability contained in these Terms will survive any termination of the Terms, the Services (or your use of or access thereto) or your use or possession of any product or service provided to you in connection with these Terms your use of the Services. 4. Content
The Services and any text, images, designs, photographs, graphics, logos, audio, data, files, descriptions and other material provided or made available by Insta-Mold on or through the Services, including their selection and arrangement (collectively, the "Content") are the property of Insta-Mold or are licensed from third parties for use by Insta-Mold. Unless otherwise expressly provided, the Content is protected by copyright, trademark, service mark and other proprietary rights.You may view and use the Content and use the Services solely for your personal information and to make purchases of Insta-Mold products. Except as provided in the foregoing sentence, you may not use, alter, modify, revise, copy, distribute, reproduce, republish, display, license, post, transmit, prepare derivative works, publicly perform or distribute or sell the Content or take any other similar action, in any manner, in whole or in part. You may not use any data mining, or similar data gathering or extraction methods. Any use of the Content, except as specifically permitted by these Terms is prohibited. We may update, revise or delete any Content, in our sole discretion, at any time, and without prior notice. The Content is made available for informational purposes only and Insta-Mold is not liable for any inaccuracies, errors or omissions in the Content. 5. Submissions
You agree to provide complete and correct information about yourself, including, but not limited to, as may be prompted by any forms on the Services, in your requests for information, or in connection with the creation of an account through the Services. You are required to keep your username and password to access the Services secure and agree not to disclose your password to any third party. You agree to notify Insta-Mold immediately if you suspect or become aware of any unauthorized use of your account or disclosure of your password. You are responsible for any use of your account and for any transactions that take place using your account, whether authorized or unauthorized. You agree not to use any other person's account, username or password.
You may not post or transmit through the Services, including through email, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable content of any kind, including but not limited to any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law. You may not post or transmit through the Services any content that is subject to copyright or other proprietary restrictions.
Product information, including, but not limited to, prices and specifications are subject to change without prior notice. All prices, if any, posted on the Site are in U.S. dollars. The appearance of any product on the Services is not a guarantee of availability and products may be discontinued or unavailable at any time. Except as otherwise expressly stated in these Terms, the product related Content is made available as a convenience to you and may contain errors or omissions or be out of date and is not binding in any way on Insta-Mold.
7. Third Party Site
The Services may contain links to Web sites operated by third parties ("Third Party Sites"). Links to Third Party Sites do not constitute sponsorship, approval or endorsement by Insta-Mold of the Third Party Sites, the third party or its content, practices, policies, services or otherwise. Third Party Sites are not operated by Insta-Mold and Insta-Mold is not responsible for any content, practices, policies, services or otherwise of such Third Party Sites. Your use of the links and access of any Third Party Site is at your own risk. These Terms are not applicable to any Third Party Sites and it is your responsibility to review the terms applicable to the Third Party Sites.
ALL SERVICES, CONTENT, ANY LINKED SITE AND ANY PRODUCTS, ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND INSTA-MOLD DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. INSTA-MOLD CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES, CONTENT, ANY LINKED SITE OR PRODUCTS.
INSTA-MOLD DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO OR USE OF THE SERVICES, CONTENT, OR ANY LINKED SITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, CONTENT, OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS, OR THE AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS OF ANY OF THE FOREGOING. YOUR USE THE SERVICES, CONTENT, ANY LINKED SITE AND THE PRODUCTS IS AT YOUR OWN RISK AND ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY RESULTING DAMAGES OR LOSSES.
YOU ACKNOWLEDGE AND AGREE THAT INSTA-MOLD IS NOT ENGAGED IN THE PRACTICE OF MEDICINE, AND IS NOT DETERMINING APPROPRIATE MEDICAL USE OF THE SERVICES AND OTHER INSTA-MOLD PRODUCTS AND SERVICES THAT ARE, OR MAY BE, OFFERED PURSUANT TO THE SERVICES OR OTHERWISE. ALL PATIENT CARE AND MEDICAL DECISIONS, INCLUDING WITHOUT LIMITATION THOSE ARISING FROM ANY MATERIAL OR PRODUCTS PROVIDED OR OFFERED THROUGH THE SERVICES ARE YOUR RESPONSIBILITY.
Certain jurisdictions do not allow limitation of implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
9. Limitation of Liability
IN NO EVENT WILL INSTA-MOLD, ITS SUBSIDIARIES OR AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICES, ANY PURCHASE MADE THROUGH THE SERVICES, OR THE USE OR MISUSE OF PRODUCTS, REGARDLESS OF THE BASIS OF THE CLAIM, EVEN IF SUCH INSTA-MOLD PARTY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE AGGREGATE LIABILITY OF THE INSTA-MOLD PARTIES TO YOU FOR ANY CAUSE WHATSOEVER RELATED TO SERVICES OR IN CONNECTION WITH THESE TERMS, OR ANY PURCHASE MADE THROUGH THE SERVICES, OR THE USE OR MISUSE OF PRODUCTS (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, OR NEGLIGENCE), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO INSTA-MOLD FOR THE PRODUCT OR SERVICE THAT IS THE BASIS OF THE CLAIM.
Certain jurisdictions do not allow limitation of implied warranties or the exclusion or limitation of certain damages. If such laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.10. Indemnity
You agree to defend, indemnify and hold Insta-Mold, its affiliates, related entities, partners and each of their respective directors, officers, employees, contractors and agents, harmless from and against all claims, losses, damages, liabilities, demands, costs and expenses (including without limitation reasonable attorneys' fees and court costs), arising out of or in connection with your breach of these Terms or your access to or use or misuse of the Services or products. The foregoing indemnification obligation shall survive any termination of these Terms or the Services or any product or service provided to you arising out of or in connection with your use of the Services.11. Miscellaneous
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all prior agreements whether written or oral between the parties with respect to the subject matter hereof and the use of the Services. No waiver by Insta-Mold of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default and any delay or failure by Insta-Mold in exercising or enforcing any of its rights under these Terms shall not constitute a waiver of any such right. No waiver by Insta-Mold shall be valid unless documented in a physical writing and executed by an authorized officer of Insta-Mold. Headings are provided for convenience only and have no legal or contractual effect. If any provision of these Terms shall be unlawful, void or unenforceable, that provision shall be deemed severable and the remainder of these Terms shall continue in full force and effect. You may not assign your rights or delegate your obligations under these Terms.
Access to or use of the Services shall not be construed as the purposeful availment by Insta-Mold of the privilege or benefit of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. These Terms and any disputes of any kind between you and Insta-Mold shall be governed by, construed and resolved in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms (including without limitation the use of the Services or any product purchased through the Services) shall be the state and federal courts located in Montgomery County, Pennsylvania, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Eastern District of Pennsylvania or Montgomery County, Pennsylvania. Notwithstanding the foregoing, you acknowledge that Insta-Mold shall be permitted to seek injunctive (or equivalent) relief in any jurisdiction.
Insta-Mold shall not be liable for any delay or failure to perform caused by act or omission beyond its reasonable control.
Effective Date of Terms: April 27, 2014