Last Updated: April 16, 2020.
Stalwart reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Platform after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. If the amended Terms are not acceptable to you, your only recourse is to stop using the Site.
USE OF THE SITE
The contents of the Site are provided for informational and educational purposes only. All information is provided on an “as is” basis without any warranties of any kind. Stalwart makes no representations and disclaims all expressed and implied warranties and conditions of any kind, including without limitation, representations, warranties or conditions regarding accuracy, timeliness, completeness, non-infringement, merchantability, or fitness for any particular purpose.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the service is provided, without express written permission by Stalwart. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
This Site is intended to reach residents of the United States, and all advertising claims contained in this Site are valid only in the United States. Failure by Stalwart to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. Stalwart reserves the right to terminate or modify, in any manner, the Site, and/or any part of any related website any link or linking program at any time for any reason.
The Stalwart logo and other logos, product and service names are trademarks and service marks owned by or licensed to Stalwart or its affiliates. Without the prior written permission of Stalwart, or its appropriate affiliates, you agree not to display or use the trademarks and service marks in any manner. All other trademarks are the property of their respective owners.
ACCURACY OF INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the Services and Information. You will use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. “Confidential Information” means all information or material that is obtained from password-protected portions of the Site, marked “Confidential,” “Restricted,” or other similar marking, known by the parties to be considered confidential, or which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.
The materials located on the Site are protected by copyright, trademark and other forms or proprietary rights and are owned or controlled by Stalwart or any other party credited as the provider of the information.
The contents, but not any logo or other visual representation, of the Site or related website may be used and reproduced solely for non-commercial, personal or educational purposes provided that it is not modified and that you do not delete any copyrights and other legal or proprietary notices contained therein.
You are permitted to print and download extracts from the Site for your own personal use on the following basis:
- No documents or related graphics on this website are modified in any way;
- No graphics on this Site are used separately from accompanying test; and
- The company’s copyright and trademark notices and this permission notice appear in all copies.
USE OF INFORMATION
LINKS TO OTHER SITES
The Site may link users to sites not maintained by Stalwart. All such links are provided solely as a convenience to you. Stalwart has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. Stalwart does not endorse, guarantee, or make any representations or warranties regarding any other websites. Stalwart cannot and does not warrant the accuracy, completeness, timeliness, non-infringement, merchantability, or fitness for a particular purpose of any information available through these links and disclaims any opinions expressed on such sites.
Stalwart may provide information, marketing material, and e-commerce services (the “Services and Information”) on the Site relating to our products and services and an interface through which you may purchase products (“Products”). We grant you access to this Site during the term of this Agreement solely to receive the Services and Information and purchase Products. You may access, download, and print materials as necessary to receive the Services and Information. You may not license, copy, distribute, create derivative works from, frame in another web page, use on any other website, or sell any information, databases, or lists obtained from this Site. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password protected, secure or non-public areas of the Site without our prior written permission. You will comply with all privacy laws.
USE OF THE ONLINE STORE
You may not use the products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit any other person using the registered sections under your name; or access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
You represent and warrant that if you are purchasing something from Stalwart that any credit information you supply is true and complete, charges incurred by you will be honored by your credit card company, and you will pay the charges incurred by you at the posted prices, including any applicable taxes. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
LIMITATION OF LIABILITY
Stalwart shall not be liable to you and/or any third party for any damages of any kind arising out of or relating to the use of, or reliance upon, the Site including, but not limited to, any lost profits, lost opportunities, special, incidental, indirect, consequential or punitive damages, regardless of your advice to Stalwart to the contrary. Stalwart assumes no responsibility, nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site.
IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.