This Website Terms of use and Conditions of Order (“Agreement”) is made by and between Snyder Industries, Inc., (collectively and individually the “Snyder,” “us,” “we” and “our”) and you (“you,” “your,” or “user”). This Agreement contains the terms and conditions that govern your use of any website that displays, links, or refers to this Agreement (such websites referred to herein collectively and individually as “website,” or “this website”) and any sales of goods or services through those websites. Section 16 of this Agreement and terms regarding goods for sale through the website are only applicable to the extent the website offers goods for sale on and through that site.
THIS WEBSITE AND ITS SERVICES ARE NOT MEANT FOR INDIVIDUAL CONSUMERS FOR WHICH NEW JERSEY LAWS APPLY, AND SUCH INDIVIDUALS MAY NOT ACCESS, VISIT, BROWSE, USE, OR ATTEMPT TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR PURCHASING GOODS. BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPT TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR PURCHASING GOODS, YOU REPRESENT AND WARRANT THAT YOU ARE NOT AN INDIVIDUAL FOR WHICH NEW JERSEY LAWS APPLY. Commercial entities in New Jersey are welcome to purchase goods from this website.
BY ACCESSING, VISITING, BROWSING, USING, OR ATTEMPTING TO INTERACT WITH ANY PART OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION THE WEBSITE’S FORMS OR PURCHASING GOODS (COLLECTIVELY “SERVICES”), YOU AGREE, ON BEHALF OF YOURSELF AND ANY ENTITY FOR WHICH YOU ARE AN AGENT OR YOU APPEAR TO REPRESENT (HEREIN THE “YOU,” “YOUR,” OR “USER” REFERRED TO ABOVE) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THIS WEBSITE.
SNYDER RESERVES THE RIGHT, FROM TIME TO TIME, WITH OR WITHOUT NOTICE TO YOU, TO MAKE CHANGES TO THIS AGREEMENT IN SNYDER’S SOLE DISCRETION. CONTINUED USE OF ANY PART OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY CLICKING ON THE “TERMS OF USE” HYPER-LINK LOCATED ON THE WEBSITE.
1. ACCESS TO THIS SITE
To access this website or some of the resources it offers, including contacting Snyder, you may be asked to provide certain registration details or other information such as your name, email address, and other credentials. It is a condition of your use of this website that all the information you provide on this website will be correct, current, and complete. If Snyder believes the information you provide is not correct, current, or complete, Snyder has the right to refuse or limit your access to this website or any of its resources, and to block, terminate, or suspend your access at any time.
2. RESTRICTIONS ON USE
You may use this website for purposes expressly permitted by this website. As a condition of your access and use of the website, you warrant to Snyder that you will not use the website for any purpose that is unlawful or prohibited by any part of this Agreement. For example, you may not (and may not authorize any party to) (i) co-brand this website, or (ii) frame this website, without the express prior written permission of an authorized representative of Snyder. For purposes of this Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this website or content accessible within this website. You agree to cooperate with Snyder in causing any unauthorized co-branding or framing immediately to cease. Competitors and third party aggregators may not connect “deep links” to the website, i.e., create links to this website that bypass the home page or other parts of the website without the prior written permission of Snyder.
In addition, you may not use website in any manner which could disable, overburden, damage, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website. You may not use scrapers, bots, spiders, or other automated tools to collect or index the content of the website without Snyder’s express prior written permission. You may not attempt to probe, scan or test the vulnerability of the website or any system to which it is connected or attempt to breach any security measures.
3. PROPRIETARY INFORMATION
The material and content accessible from this website, and any other website owned, operated, licensed, or otherwise controlled by Snyder, including without limitation any text, photos, videos, audio, scripts, software, markup language, or other content whether perceptible or not to a human (the “Content”) is the proprietary information of Snyder or the party that provided or licensed the Content to Snyder, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, displayed, performed, licensed, modified, or transmitted in any way without the prior written consent of Snyder. Modification or use of the Content except as expressly provided in this Agreement violates Snyder’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this website.
4. ADDITIONAL USE LIMITATION
You may not modify, translate, decompile, disassemble, reverse engineer, alter, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Content, software, or Services obtained from or otherwise connected to website.
5. HYPER-LINKS
This website may be hyper-linked to other websites which are not maintained by, or related to, Snyder and may contain information about goods or services that are not related to or endorsed by Snyder. Hyper-links to such websites and information are provided as a service to you and are not sponsored by or affiliated with this website or Snyder. Snyder may not have reviewed any or all of such websites and information and is not responsible for the content of those websites or the descriptions of their goods and services. Snyder is not responsible for webcasting or any other form of transmission received from any hyper-linked website. Hyper-links are to be accessed at your own risk and information contained therein is relied upon at your own risk, and Snyder makes no representations or warranties about the content, completeness, or accuracy of these hyper-links or the websites hyper-linked to this website or the information regarding or relating to their goods and services.
6. ELECTRONIC COMMUNICATIONS
You agree and affirmatively consent to receive communications from Snyder electronically in connection with your use of the website and its Services, as well as for advertising regarding Snyder products and services. Snyder may communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures, and other communications that Snyder provides to you electronically satisfy all legal requirements that communications or agreements be in writing and you consent to your being bound by electronically communicated agreements by your continued use of the website or the services after such agreements have been communicated to you.
7. SUBMISSIONS
You hereby grant to Snyder a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, use, sell, offer to sell and import all content, remarks, inventions, suggestions, feedback, ideas, graphics, photos, videos, audio, text, or other information communicated to Snyder by you through this website (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Snyder will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for goods, services, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Snyder operations.
You warrant and represent that you own or otherwise control all of the rights to any Submission including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submission and grant the license you provide in accordance with this Agreement, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.
8. DISCLAIMERS
You understand that Snyder cannot and do not guarantee or warrant that the website or its Content, or any other files available for downloading from the Internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this website for any reconstruction of any lost data. Snyder does not assume any responsibility or risk for your use of the website, its Content, or the Internet.
The Content is not necessarily complete and up-to-date and should not be used to replace any written reports, statements, or notices provided by Snyder. Except as set forth in this Agreement itself, nothing on this website constitutes a guarantee, warranty, or promise of any type.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. SNYDER DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT RELATED TO THIS WEBSITE AND THE CONTENT. SNYDER DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SNYDER DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SNYDER MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT SNYDER, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS WEBSITE OR ITS CONTENT. SNYDER MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
WARRANTIES RELATED TO GOODS PURCHASED THROUGH THE WEBSITE ARE SEPARATE AND APART FROM THE DISCLAIMER SET FORTH ABOVE.
All of the information in this website, whether historical in nature or forward-looking, speaks only as of the date the information is posted on this website, and Snyder does not undertake any obligation to update such information after it is posted or to remove such information from this website if it is not, or is no longer accurate or complete.
Like most websites, this website is accessible worldwide. However, not all goods or services offered by Snyder are available to all users or in all geographic locations. Snyder reserves the right to limit the provision of its goods to any user, geographic area, or jurisdiction and to limit the quantities of any goods or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
9. LIMITATION ON LIABILITY
SNYDER AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF SNYDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN RELATION TO OR REGARDING THIS WEBSITE OR ITS CONTENT, OR THE GOODS AND SERVICES OFFERED FOR SALE ON THIS WEBSITE. IF NO LIABILITY IS NOT ALLOWED UNDER THE APPLICABLE LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SNYDER AND THEIR AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE MINIMUM AMOUNT ALLOWED BY LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. ADDITIONAL GOVERNING TERMS AND CONDITIONS
The website may contain additional disclosures, terms and conditions or other legal terms that apply to the goods and services being offered on the website. Wherever the website presents additional terms and conditions, disclosures, or other agreements, you are also bound by those additional terms and, where in specific conflict with the terms and conditions of this Agreement, those additional terms shall control over the terms in this Agreement.
11. TERMINATION OR RESTRICTION OF ACCESS
Snyder reserves the right, in their sole discretion, to terminate your access to any or all of Snyder’s websites or any portion thereof at any time, without notice.
12. INDEMNITY
You will indemnify and hold Snyder, their Affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you, including any use of Content other than as expressly authorized in this Agreement. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties in relation to your breach. You will also indemnify, including any all resulting loss, damages, judgments, awards, costs, settlements, expenses, and attorney’s fees of the Indemnified Parties, and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your breach of this Agreement or use of the website and its Content, except to the extent such claim is due to the negligence or willful misconduct of Snyder.
13. TRADEMARKS AND COPYRIGHTS
Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of Snyder or the party that provided the trademarks, services marks, logos, and copyrighted works to Snyder. Snyder and any party that provided trademarks, service marks, logos, and copyrighted works to Snyder retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this website. The website may contain goods or good descriptions that use the trademarks of other companies. All such trademark usage is strictly intended to be fair use of such trademarks for the purpose of providing information regarding goods and services offered by Snyder and Snyder does not claim or intend to insinuate any affiliation with, sponsorship of, or approval by the owners of any such trademarks.
14. SECURITY
Any passwords used for this website including, without limitation, any customer login portals are for individual use only. You will be responsible for the security of your password (if any) and any actions taken by you or anyone using your password or other login credentials. Snyder will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Snyder considers insecure, Snyder will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Snyder reserves the right to release your details to system administrators at other websites and law enforcement authorities in order to assist them in investigating, resolving, and prosecuting laws relating to security incidents. Snyder reserves the right to investigate suspected violations of this Agreement.
Snyder reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Snyder to disclose the identity of anyone using the website, or publishing or otherwise making available of using any materials that are believed to violate this Agreement. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS SNYDER AND THEIR AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY SNYDER OR THEIR AFFILIATES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SNYDER, THEIR AFFILIATES, OR LAW ENFORCEMENT AUTHORITIES.
15. PRIVACY
In the interest of providing transparency regarding information collected, used, and shared on the website, Snyder has posted a Privacy Policy which governs Snyder’s collection, use, and sharing of information collected through the website. You may view the website Privacy Policy at www.shop.snydernet.com/customer-support/privacy-policy.asp.
16. CONDITIONS OF ORDER
The website may include goods and services for sale to you through the website. The following additional terms apply to all offers for sale and sale of goods and services through the website:
16.1. Checkout Terms. All orders are subject to any additional terms presented to you at checkout. You are bound by these additional terms, which might include information such as, and without limitation, checkout confirmation, sales tax information, email order details, and customer service information. Where in conflict, any term set forth in at checkout shall supersede and control over the terms set forth in this Agreement. All such terms presented at checkout are incorporated into this Agreement by reference.
16.2. Offer and Acceptance of Order. When you place an order, we may verify your method of payment, and/or shipping address before processing your order. Your placement of an order with us is an acceptance of our offer to sell our goods and services, subject to availability and pursuant to the terms contained in this Agreement. We, at our discretion, may complete your order by processing your payment, building the good, and shipping the good, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the good has been shipped. If we decline to complete your order, we will attempt to notify you using the email address or other contact information you have provided with your order.
16.3. E-mail Confirmation. In order to provide you with the most up to date information regarding your order, our primary form of communication is via email. All order updates will be sent to the email address used when the order was placed. For this reason, you must use a valid email address when placing your order. If you have questions that need to be directed to our customer service team, you are welcome to contact us via email, chat or phone. You agree that we will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address or as a result of any failure of your email system, spam filters, or other impediments to your receipt of our communications
16.4. Payment. All orders must be placed online through the website using credit card payment. From the shopping cart, you have the option to check out using our secure server. We accept all credit cards as noted on our website, including and subject to change at any time without notice, Visa, American Express, MasterCard, and Discovery. We do not accept payment in the form of checks, bank drafts, wire transfers, or through PayPal or any other form except by credit card. Charges are billed to your credit card when your order is placed. You will be charged the full amount of your order including shipping at the time the order is placed even if the goods you order are shipped at different times. All payments and prices on the website are in United States dollars.
16.5. Build to Order and Shipment Times. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates. Goods for sale are generally built to order and lead times can vary based on many variables including our production schedule. Consequently, inventory information is not shown on the website and the website will calculate an estimated shipment date based on standard lead time information. We work internally and with our vendors to provide the best possible delivery estimates. There are some situations beyond our control, such as fire, flood, strike, or other labor difficulty, fuel scarcity, acts of God, weather, act of any governmental authority or of the purchaser, accidents or other delays or unavailability regarding in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources or due to any other cause beyond our reasonable control. In the event of delay in performance due to any cause, within our control or otherwise, the date of delivery will be postponed by such length of time as may be reasonably necessary to compensate for the delay. We cannot guarantee or ensure that any shipment can be made by any specific time or date. SNYDER DISCLAIMS ALL LIABILITY FOR ANY DAMAGES, COSTS, OR LOSSES OF ANY TYPE, INCLUDING WITHOUT LIMITATION FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST BUSINESS, LOST REVENUE, OR DAMAGE TO PROPERTY OR REPUTATION DUE TO ANY DELAY IN SHIPPING REGARDLESS OF WHETHER SUCH LOSS WAS KNOWN OR FORESEEABLE TO SNYDER AND REGARDLESS OF WHETHER YOU GAVE NOTICE TO SNYDER OF SUCH POTENTIAL LOSS. After your order is placed you will receive an order acknowledgement email which includes the most up-to-date estimated shipping date. You may also contact Snyder to inquire about items in stock prior to order placement.
16.5.1. Arrangement for Shipping. If you so choose, Snyder will arrange shipping based on the destination information you provide to Snyder upon placement of your order. In certain instances, you may be able to arrange your own shipping at your expense by selecting “Customer-Arranged Pickup”, in these cases email and/or phone communication with us will be required to coordinate shipping.
16.5.2. Acceptance of Goods. It is your responsibility to inspect all shipments before accepting and signing any bill of lading, delivery receipt, or other acceptance of the goods. You are also responsible for unloading and unpacking any shipment. It is extremely important for you to to inspect and note any damages to any goods prior to accepting their delivery. All orders are inspected at the point of origin to make sure there is no damage when shipped. Once our goods are turned over to the carriers, damage can occur, and all risk of loss or damage shifts to you upon acceptance of delivery. If you do note damage of a shipment on the bill of lading or delivery receipt, we will gladly assist you to resolve the problem. If damage has occurred or items are missing, claims for damage, loss, or delay should be made to the designated carrier and then notify Snyder prior to putting the goods into service. No claims of any type regarding damaged or missing goods will be allowed unless reported to Snyder within 30 days of delivery.
16.5.3. Shipping Locations. Snyder has plants and shipping points in the following locations and the location where your ordered goods will be built and/or shipped is in the sole discretion of Snyder: Arkansas ( AR ), California ( CA ), Illinois ( IL ), Iowa ( IA ), Michigan ( MI ), Nebraska ( NE ), West Virginia ( WV ).
16.6. Order Cancellation, Modification, and Returns. You may cancel or modify an order at any time, subject to penalties and restrictions as set forth in this Agreement. If you cancel or modify the order within 24 hours, there will be no cancellation or modification fees and money we charged you for the cancelled good order will be refunded, or the difference in fees between the original order and a modified order will be reconciled by refunding or charging additional monies, as the case may be, against your payment method. Built to order, obsolete or custom manufactured good may not be returned, modified, or cancelled after 24 hours post-ordering. For non-built to order goods, if you cancel or modify an order after 24 hours, you will be charged with a $50 order processing fee. If you cancel or modify a non-built to order good order after the good has shipped, you will be charged our standard 25% restocking fee unless otherwise noted as a part of the return process and any freight charges from time of shipment, plus any additional fees, if applicable, due to reconciling fees between an original and modified order. All cancellation, order modification, and return requests must be submitted using the online form located at www.shop.snydernet.com/customer-support/order-cancellation-request.asp. PHONE, EMAIL, AND OTHER ATTEMPTS TO MODIFY, CANCEL, OR RETURN AN ORDER NOT SUBMITTED USING THE ONLINE FORM ARE NOT ACCEPTED. All goods must be pre-authorized by Snyder for return and issued Return Goods Authorization (“RGA”) number from Snyder. Any good returned to Snyder without a number from Snyder will be refused and returned to sender at your cost. Any good that is received in any condition other than new will have the cost of the renewal deducted from the amounts refunded. Refunds will be based on prices prevailing at the time of return, or invoiced price, whichever is lower.
16.7. Corrections. We make every effort to provide current and accurate information relating to the goods and prices, but do not guarantee the currency or accuracy of any such information. Information relating to goods is subject to change without notice. Prices are subject to change at any time prior to our completion of your order. In the event we discover a material error in the description or availability of a good that affects your outstanding order with us, or an error in pricing, we may notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, we will issue a credit to your credit card in the amount of the charge. All prices are in U.S. dollars
16.8. Representations of Goods on Website. We attempt to display as accurately as possible the goods shown on the website including without limitation their colors, condition, parts, and accessories. However, because the colors you see will depend on many factors, including your monitor or printer, and what is pictured and the clarity and completeness of the picture depends on many photographic variables, we cannot guarantee that the color and accurateness of the good you see matches the actual good for sale. We try to use the closest representative image we can find for the good. These representative, illustrative images may show optional accessories or features, or may be an image of a similar good. Therefore, we recommend that you carefully read the good description and other related good literature such as technical drawings, instructions, or specifications before placing your order. If you have any questions or concerns about a good even after reading the description and good literature, please contact us. Some goods listed on the website may be generic, meaning we do not have a specific vendor name associated with the good. The good is therefore potentially sourced from a variety of vendors according to price and availability so we may both quickly and fairly accommodate your needs. We do our best in updating our site with any changes in the goods and there may be instances where there is a variance in the look and feel of the good due to a change in vendors. However, the intended application of the good will remain substantially the same. Please feel free to contact our customer service team with any questions prior to placing an order.
16.9. Warranties. If a warranty is available for a good, the details of the warranty are available in a downloadable PDF which can be found using a link labeled “Warranty” on the good’s page. All warranties are handled based on the manufacturer’s warranty policy. If problems arise with an item that is covered under warranty, the warranty process will be handled directly through the manufacturer or vendor of the item. Should a customer need help contacting a manufacturer or vendor about a warranty issue, please contact our customer service team. EXCEPT AS SET FORTH ON THE WEBSITE AS SET FORTH ABOVE, ALL GOODS ARE SOLD ON AN "AS-IS" AND "AS-AVAILABLE" BASIS, AND WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY GOOD OR SERVICE, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE GOODS AND SERVICES.
16.10. Indemnification for Use. In addition to and without restricting any other obligations to indemnify, defend, and hold us harmless under this Agreement, you understand and agree that you are responsible for your use or inability to use the goods. You agree to indemnify, defend, and hold harmless the Indemnified Parties from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary, and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the goods.
17. MISCELLANEOUS
17.1. The laws of the State of Nebraska shall apply to this Agreement, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms of Use. Any controversy or claim arising out of or relating to this Agreement or your use of the website, its Services, or the Content (a “Dispute”) shall be brought solely in the state or federal courts located in Nebraska and you hereby irrevocably consent to exclusive jurisdiction of those courts. You further acknowledge that Snyder may seek equitable remedies against you such as a preliminary or permanent injunction and Snyder’ rights in its reputation and intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, damage, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.
17.2. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable, shall be modified by the court of competent jurisdiction to reflect to the maximum extent possible the original intention of the parties as reflected by the original wording, and will not affect the validity and enforceability of any remaining provisions.
17.3. No waiver by Snyder of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
17.4. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Snyder.
17.5. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Snyder as a result of this agreement or use of the website.
17.6. Except as set forth in this Agreement, this Agreement constitutes the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and Snyder with respect to the website or the Content.
17.7. Snyder may revise this Agreement at any time by updating this posting.
Last Modified: February 7, 2018
© 2018 Snyder Industries, Inc., All rights reserved.