Reese Tips (Reese) provides access to this website (the Site) under the following terms and provisions, which are unconditionally accepted by any party that accesses or uses the Site for any reason (the User):
1. Usage of the Site is governed exclusively by these Terms of Usage. Reese reserves the right to modify and change these Terms of Usage at any time and in its sole discretion, and the User shall be bound by all such modifications. Reese reserves the right to discontinue the Site for any reason at any time.
2. These Terms of Usage apply to all Users of the Site, including Users who are also contributors or providers of Content to the Site. “Content” includes depictions, photographs, specifications, Material Safety Data Sheets, specifications, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and all other materials or information that the User may view on, or contribute to, the Site.
3. The User is prohibited from using a false or misleading e-mail address or internet site to access the Site, or impersonate any person or entity, or otherwise mislead Reese as to the origin of the access or inquiry. Reese reserves the right to acquire and store information learned about the User, including without limitation, the name of the domain utilized by the User, the date and time that the Site was accessed, and the internet address of the website that the User used to link to the Site. The User consents to the compilation and storage of this information by Reese. Reese reserves the right to utilize applications, programs, and equipment designed to protect the Site against unauthorized attempts to upload or change information, or otherwise cause damage to the Site.
4. Reese provides the Content on the Site for informational purposes only. Reese does not warrant that the Content is accurate, complete, reliable, current, or error-free, and it expressly disclaims all such liability. The remedy of the User, if any, for loss or damage resulting from reliance on the Content that is provided by a manufacturer or other party shall lie solely against the manufacturer or other party, and the User waives any such claims for liability with respect to Reese. Reese shall not be liable to User for consequential, incidental or other damages of any kind, including lost profits, which may result from reliance on the Content or the Site.
5. Material prices and quantities shown on the Site are subject to change at any time. Reese does not warrant that materials will be available at a guaranteed price or in guaranteed quantities as of a certain date, unless expressly authorized in writing by an authorized representative. The prices shown do not include sales tax, delivery fees, fuel surcharges, or other expenses or fees that may be assessed.
6. The Site may contain OSHA and other laws, rules and regulations regarding the installation and use of materials sold by Reese. Reese does not warrant that the laws, rules and regulations contained on the Site are current, accurate, or applicable to the purpose of User, nor does Reese warrant that all laws and regulations relating to its products are shown on the Site.
Reese does not assume any duty to the User by furnishing this information, which is provided for informational purposes only. The User assumes all risk of relying on the laws, rules, and regulations found on the Site. Reese shall not be liable to User for consequential, incidental or other damages of any kind, including lost profits, which may result from reliance on such laws, rules, and regulations.
7. The Site may contain programs, applications, and other information designed to assist the User in determining the quantity and quality of materials to purchase, such as the insulation installation guide, siding and soffit estimator, roof slope calculator, shingle coverage chart, attic ventilation calculator, and cedar shingle & cedar shake guide. Reese does not assume any duty to the User by furnishing these programs, which are provided for informational purposes only. Reese does not warrant that the information so provided is current, accurate, or applicable to the purpose of the User. Reese shall not be liable to the User for consequential, incidental or other damages of any kind, including lost profits that may result from reliance on such programs.
8. The Site may contain “Building Material Installation & Training Videos” that are designed to assist the User in the installation and utilization of various materials. Reese does not assume any duty to the User by furnishing these videos, which are provided for informational purposes only. These videos should not be relied upon to ensure the safety of the User or its employees, nor should they be relied upon to meet OSHA regulations pertaining to a particular job site. Each job site is unique, and the User may not rely on videos stored on the Site to meet any particular need or satisfy any legal obligation. The User should consult a safety professional for the purpose of satisfying OSHA and other safety standards, and prior to implementing any of the ideas or information contained in the videos. The videos stored on the Site are the exclusive property of Reese, and are available for viewing only on the video playback pages of the Site. These videos may not be downloaded or distributed for any purpose without the prior written approval of Reese.
9. Reese may allow the User to create and access an account through the Site. The User shall provide accurate and complete information when creating the account, and the User is prohibited from using another’s customer’s account without its express written authorization. The User is solely responsible for the activity that occurs on its account, and it shall take prudent steps to protect access thereto. The User shall notify Reese immediately of any breach of security or unauthorized use of its account. Reese shall not be liable for losses caused by the unauthorized use of the User’s account.
10. The Site may allow the User to submit comments and reviews with respect to the materials being sold, and Reese does not guarantee confidentiality with respect to any comments so submitted. The User may not submit any comments or reviews that are vulgar, obscene, profane or otherwise objectionable or defamatory. The User shall only submit comments that are truthful, objective, and based upon the User’s firsthand knowledge of the product.
11. Reese grants the User a limited license to access and make use of the Site for its own purpose. The User is authorized to view and print copies of the Content for its sole use, and no other permission is granted to the User with respect to the Content. This license does not include any resale or commercial use of the Site or the Content, or the collection and use of product listings, descriptions, or any derivative use of the Site or the Content, or any use of data mining, robots, or similar data gathering and extraction tools. The Site and the Content may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Any unauthorized use shall immediately terminate the license granted.
12. Reese publishes the Content on an “as is” basis, and it provides no warranty of any kind with respect to either the Site, or the Content, or any of the materials or products described therein. REESE EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE, THE CONTENT, AND ANY OF THE MATERIALS LISTED IN THE SITE. Reese also disclaims the implied warranties of noninfringement and title with respect to the Content and Site, and all other implied or express warranties of any kind.
13. Reese makes no warranty that the Site shall remain uninterrupted or error-free, nor does it make any warranty as to the results that may be obtained from the use of the Site, or of the accuracy or reliability of the Content published on the Site. Reese assumes no liability for damages incurred by the User resulting from the use of the Site, or reliance on the Content, and it specifically disclaims all such liability. Reese assumes no liability for damages incurred by the User that result from a failure of performance, error, omission, interruption, or delay, and it specifically disclaims all such liability. The User assumes all risk of accessing the Site and using the Content. Reese shall not be liable to User for consequential, incidental or other damages of any kind, including lost profits, which may result from the use of the Site or the Content.
14. Reese does not assume any responsibility or risk for the User’s access to the Site, and does not guarantee or warrant that access to the Site will be free from infections, viruses, worms, or other code that manifests contaminating or destructive properties. The User assumes sole liability for implementing procedures to satisfy its particular requirements for security of the Site and Content, and any damage to its hardware or software, and for maintaining a means external to the Site for the reconstruction of lost data.
15. The Content may contain trademarks, logos, and service marks of Reese, various manufacturers, and other parties, and the User’s utilization of such materials is strictly prohibited, except as may be expressly authorized by these Terms of Usage. The User shall not remove or alter any copyright, trademark, trade name, service mark or any other proprietary notice or legend appearing on the Site or the Content. Nothing contained on the Site shall be construed as granting by implication, estoppel or otherwise, a license or right to use such materials without the express written consent of the owner. Reese reserves the right to pursue all appropriate remedies for the violation of these Terms of Usage.
16. The User may use the Site only for lawful purposes. The User may not post on, or transmit through, the Site any material that is unlawful, threatening, abusive, vulgar, obscene, profane, or otherwise objectionable or defamatory, or which constitutes an invasion of privacy or publicity rights, or which encourages conduct constituting a criminal offense.
17. The Site may contain links to, and frames of, sites that are not created or maintained by Reese. Reese assumes no liability for the content of other sites linked to the Site, and it does not warrant the accuracy, merchantability, or suitability of content displayed on these other sites.
18. Reese does not endorse or recommend specific commercial products, processes or manufacturers. References to specific commercial products, processes, or manufacturers in the Content shall not constitute or imply an endorsement or recommendation by Reese. The User is prohibited from using the Content for the purpose of advertising, or to imply an endorsement or recommendation by Reese.
19. Reese may be requested by manufacturers to issue addenda or modifications with respect to the Content. Reese shall communicate all such addenda and modifications to the User by posting notices on the Site, and the User agrees that all agreements, notices, disclosures and other communications so provided shall satisfy the legal requirements with respect to communications. Reese assumes no responsibility for responding to emails sent to it by the User or other parties, nor does Reese assume any responsibility for the security of email communications sent to it.
20. The User shall indemnify and hold Reese, its employees, agents, licensors, content providers, service providers, and contractors (the Indemnified Parties), harmless from any breach of these Terms of Usage, including the unauthorized use of the Content or the Site. The User shall indemnify and hold the Indemnified Parties harmless from all loss, damages, judgments, awards, costs, expenses, and attorney’s fees that may be incurred or result from such a breach. The User shall also indemnify and hold the Indemnified Parties harmless from any claims brought by third parties with respect to the Content or the Site.
21. These Terms of Usage shall be governed by the laws of the State of Indiana. Any legal action, suit, or proceeding action arising out of these Terms of Usage shall be brought in the federal or state courts of the State of Indiana located in Indianapolis, Indiana.
22. All provisions of these Terms of Usage are distinct and severable. Any provision deemed illegal, void or unenforceable shall not affect the validity, legality or enforceability of any other provision of this Agreement.
23. No action or failure to act by Reese shall constitute a waiver of a right or duty, nor shall such an action or failure to act constitute acquiescence to a breach. Reese’s right to require strict performance of these Terms of Usage shall not be limited by a previous waiver or course of dealing.
24. These Terms of Usage shall be binding upon the User and its respective employees, legal representatives, successors, and assigns. The User is authorized to agree to these Terms of Usage, and that these Terms of Usage constitute a legal, valid and binding obligation of the User enforceable in accordance with its terms.
25. These Terms of Usage include all terms and conditions governing the use of the Content and the Site, and constitute the entire agreement between the parties. Reese has not agreed to any provisions with respect to the Content and the Site that are not expressly set forth herein. These Terms of Usage supersede all prior agreements and understandings relating to the Content and the Site.
26. The User shall not circumvent, disable or otherwise interfere with security-related features of the Site, or features that prevent or restrict use or copying of the Content, or features that otherwise limit the use of the Site or the Content.
27. A party providing Content to the Site represents and warrants that it holds the necessary licenses, rights, consents, and permissions to publish the Content submitted, and it licenses to Reese all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for the purpose of publishing the same on the Site. A party providing Content to the Site also warrants that the Content submitted will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless it has permission from the rightful owner or is otherwise entitled to furnish the Content. A party providing Content to the Site shall indemnify and hold Reese, its employees, licensors, content providers, service providers, and contractors harmless from any breach of these Terms of Usage, or the unauthorizeduse of the Content it provided.
28. Reese reserves the right to decide in its sole discretion whether the Content violates these Terms of Usage, and it may at any time, without prior notice and in its sole discretion, remove such Content and terminate a User’s account for violating these Terms of Usage.
29. A copyright owner who believes that the Content contained on the Site violates its copyright or proprietary rights may submit a notification pursuant to the Digital Millennium Copyright Act, consistent with 17 U.S.C. 512(c)(3), by providing Reese’s Copyright Agent with the following information in writing: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the infringed right; (2) identification of the work that has allegedly been infringed; (3) identification of the material that is allegedly infringing or the subject of infringing activity; (4) information sufficient to permit communication, including an address, telephone number, and electronic mail; (5) a statement that use of the protected material is not authorized by the copyright owner, its agent, or the law; and (6) a statement under penalty of perjury that the information in the notice is accurate, and that the sender is authorized to act on behalf of the owner of the infringed right. Reese’s designated Copyright Agent to receive notifications of claimed infringement is David L. Simmons, 736 Hanover Place, Suite 200, Carmel, IN 46032, (317) 580-4848.