Terms & Conditions
A1truss.com Terms & Conditions Agreement
These terms and conditions are subject to change by A-1 Industries LLC. at any time and at our discretion without notice by updating this posting. These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms and conditions. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
This Acceptance of Terms and Conditions (the ‘Agreement’) and its related website sets forth the terms of the relationship between A-1 Industries LLC., a Florida based company (hereinafter referred to as ‘A-1’) and you as the purchaser or consumer (‘you’). You and A-1 may be referred to in this Agreement collectively as the ‘Parties’ or individually as a ‘Party.’
You expressly agree to the terms of this Agreement by participating in the Program.
1. Term of Agreement. The term of this Agreement shall begin immediately and last indefinitely. Termination will not, however, release either Party from any obligations that arose prior to the date of termination.
2. Intellectual Property. You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of A-1.
3. Limitations on Use. You must be at least eighteen (18) years old to access this web site. If you are not at least eighteen years old, you are not permitted to access this web site for any reason. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
4. Order and Return Policies. INSERT POLICY HERE IF APPROPRIATE. IF NOT, REMOVE THIS POINT.
5. Website updates. We may update the website from time to time, but are under no obligation to make or provide updates, and do not warrant or represent that any update we do provide is accurate or in compliance with local law at the time of delivery of such updates.
6. Information you enter onto the website. You hereby warrant that any information you submit through this web site is owned by you and that you have the necessary authority to submit such information. You further agree that you shall not submit or transmit any content through this web site or to COMPANY that is:
1. Obscene, vulgar, or pornographic;
2. Encourages the commission of a crime or violation of a law;
3. Violates any state or federal law in the U.S. and/or the jurisdiction in which you reside;
4. Infringes the intellectual rights of a third party;
5. Is otherwise offensive or inappropriate based upon the type of content and information provided by A-1 and/or third parties on this web site.
7. Participation at Your Own Risk. A-1 makes no promises, representations or warranties concerning the viability of any goals, aspirations or endeavors you may identify or choose to pursue as a result of visiting this website. Program information, services and products are used at your own risk. You are solely responsible for any decisions and actions that result from your use of such information, products and services. A-1 does not provide psychological, investment or financial advice.
8. Ownership Rights and Proprietary Information. A-1 owns all right, title and interest (including all intellectual property rights throughout the world) relating to any and all works of authorship, designs, know-how, ideas, course materials, and information made by A-1 or conceived or reduced to practice, in whole or in part, by A-1 in connection with the Proprietary Information (as defined below). You agree that all materials provided by A-1, including information that is confidential and proprietary in nature, will constitute A-1 ‘Proprietary Information.’ You will hold in confidence and not disclose or copy any Proprietary Information, except with the prior written consent of A-1.
9. Limitation of liability. UNDER NO CIRCUMSTANCES SHALL A-1, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF A-1 AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, A-1’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
10. Modifications. A-1 may modify or amend any of the terms and conditions contained in this Agreement, at any time and in A-1’s sole discretion, by posting a change notice or a new version of the Agreement on the website or by otherwise advising you of the amendment or modification.
11. Indemnification. You will indemnify, hold harmless and defend A-1 (as well as its members, employees, instructors, vendors, independent contractors, service professionals and affiliated entities) from and against any and all claims, expenses, costs, causes of action and damages (including those for personal injury, property damage and reasonable attorney’s fees) resulting from or arising out of your actions, your participation in the Program or your violation of this Agreement or applicable law.
12. Assignment. You may not assign this Agreement (or any obligations under this Agreement), by operation of law or otherwise, without A-1’s prior written consent.
13. Governing Law; Class Action Waiver. This Agreement will be governed by, and construed in accordance with, the laws of the State of Florida, without reference to rules governing choice of laws. You irrevocably and unconditionally waive, to the fullest extent permitted by law, any right you may have to participate as a representative or member of any class of claimants in any class action against A-1 now or hereafter pending relating to transactions evidenced by this Agreement or similar transactions.
14. Arbitration. Any dispute or claim arising out of or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), will be exclusively (except as provided below) resolved by binding arbitration. One arbitrator will be selected using standard arbitration procedures. The arbitrator will use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The arbitrator will also render a written decision setting forth detailed findings of fact and conclusions of law. The arbitrator will not award attorney’s fees, or punitive, indirect, incidental, special, consequential, treble or other multiple or exemplary damages, and the Parties hereby agree to waive and not seek such damages. Either Party may seek judicial relief to compel the other Party to comply with the provisions of this Section, or seek injunctive or other equitable relief to protect its intellectual property rights, as long as (unless prohibited by applicable law) the remainder of the dispute or claim is submitted to arbitration. The arbitration will be held in Palm Beach County, Florida, or such other location as may be mutually agreed to by the Parties. Both Parties hereby give their irrevocable consent to the processes of the state of Florida, as well as the jurisdiction of the courts of the state of Florida for enforcement purposes. Awards will be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration Act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign, having jurisdiction over the Party against whom such award is rendered or its property, as a basis of judgment and of the issuance of execution for its collection.
15. Relationship of Parties. You agree that you are acting as an independent contractor, and are responsible for determining your own business activities. Nothing in this Agreement will create a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties.
16. Miscellaneous. If any provision of this Agreement is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. A-1’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of A-1’s right to subsequently enforce such provision or any other provision of this Agreement. This agreement constitutes the entire understanding of the Parties with respect to the subject matter of this Agreement, and revokes and supersedes all prior or contemporaneous agreements, communications, proposals or understandings, whether electronic, oral or written, between the Parties and is intended as a final expression of their agreement.
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