Polytek® Development Corp. Terms of Use
Site Policy
Welcome to Polytek.com. Polytek® Development Corp. (“Polytek®”) created this web site for use by its customers and the public. Polytek® provides its services to you subject to the following conditions. If you visit and use Polytek.com, you accept these Terms of Use. Please read them carefully. If you do not accept the Terms of Use stated here, do not use this web site. If you are a minor (i.e. under 18 years of age) you will not access the Polytek.com web site without the consent of your parent or guardian and without having your parents or guardian review these Terms of Use and our Privacy Policy (discussed below). By using the web site, you are indicating your acceptance to be bound by these Terms of Use, if you are under eighteen (18) years of age, and that your parent or legal guardian have consented to your use of this web site and agree to be bound by these Terms of Use. Polytek® may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use because they are binding upon you. The terms “You”, “Your “, and “User” as used herein refer to all individuals and/or entities accessing or permitting access to this web site for any reason.
Electronic Communications
When you visit, submit electronic forms or send e-mails to Polytek.com, you are communicating with us electronically. You consent to receive communications from us electronically if you contact us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Privacy
Polytek® has a Privacy Policy which governs the information collected by this website. The Polytek® Privacy Policy may be read by clicking the following link [Privacy Policy]. Although Polytek® will use all reasonable measures to protect your personal information, transmissions made by means of the Internet cannot be made absolutely secure. Polytek® will not be liable for disclosures of your personal information due to errors in transmission or unauthorized use by any person. Polytek® can not assure users that information transmitted to or from Polytek.com is secure. Information sent to Polytek.com will NOT be considered confidential or proprietary.
Copyright
All content included on this site, such as (without limitation) text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Polytek® and/or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Polytek® and protected by U.S. and international copyright laws. All software used on this site is the property of Polytek® or its software suppliers and protected by United States and international copyright laws. Polytek® is a registered trademark of Polytek® Development Corp. All other trademarks and servicemarks, such as product and service names, are owned by Polytek® or, if applicable, by third parties.
License and Site Access
Polytek® grants you a limited license to access and make personal and lawful use of this web site and not to download or modify it, or any portion of it, except with express prior written consent of Polytek®. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express prior written consent of Polytek®. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Polytek® and our affiliates without the express prior written consent of Polytek®. You may not use any meta tags or any other “hidden text” utilizing Polytek®’s name or trademarks without the express prior written consent of Polytek®. Any unauthorized use terminates the permission or license granted by Polytek®. You may not use any Polytek®logo or other proprietary graphic or trademark as part of any link (whether inbound or outbound) without the express prior written permission of Polytek®. By using this site, you agree not to violate or attempt to violate the security of the site, including, without limitation, (a) accessing data not intended for users or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network including, without limitation, by means of submitting a virus to the site, overloading, flooding, spamming, mail bombing or crashing; (d) sending unsolicited email, including promotions and advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or news group posting. You understand and agree that any violations of system or network security may result in civil and/or even criminal liability. Polytek® will investigate all potential security violations and involve and cooperate with law enforcement authorities in prosecuting any unlawful action using or in any way referring to the site.
Specifically Prohibited Uses
The web site may be used only for lawful purposes. Polytek® specifically prohibits any use of the web site, and all users agree not to use the web site, for any of the following: (a) posting any incomplete, false, or inaccurate biographical information, or information which is not your own; (b) deleting or revising any material posted by any other person or entity; (c) using any device, software, or routine to interfere, or attempt to interfere with the proper working of this web site, or any activity being conducted on this site; (d) taking any action, which imposes an unreasonable or disproportionately large load on this web site infrastructure; (e) if you have a password allowing access to a non-public area of this web site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose; (f) attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the web site; and (g) aggregating, copying, or duplicating in any manner any of the materials or information available from the web site.
Product Descriptions
Polytek® and its affiliates attempt to provide information which is as accurate as possible. However, Polytek®does not warrant that product descriptions or technical specifications or other content of this site is accurate, complete, reliable, current, or error-free. In the event that there is any conflict between the product descriptions or technical specifications of this web site, and product descriptions or technical specifications provided in any purchase order, contract or statement of work signed by an authorized officer on behalf of Polytek®, the purchase order, contract and/or statement of work shall control. Before using, the user shall determine the suitability of the product for the intended use and user assumes all risk and liability whatsoever in connection therewith.
Pricing
With respect to items sold by Polytek® we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our web site may be mispriced. No price shall be binding upon Polytek® unless contained in a written agreement signed by an authorized officer on behalf of Polytek®. Polytek®’s Terms and Conditions of Sale can be found by clicking the following link [Terms & Conditions of Sale]
Disclaimer of Warranty
THE CONTENT OF THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, POLYTEK® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER VIOLATION OF RIGHTS.
Limitation of Liability
POLYTEK® WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEB SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES even if Polytek® has been advised in advance of the possibility of such damages, and you hereby waive any and all SUCH rights to the fullest extent permitted by applicable law.
Applicable Law
By visiting Polytek.com, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Polytek® or its affiliates.
Disputes
Any dispute relating in any way to your visit to Polytek.com or to products you purchase shall be submitted to the exclusive jurisdiction of the Court of Common Pleas of Northampton County, Pennsylvania, or, if based solely upon federal law, in the United States District Court for the Eastern District of Pennsylvania. The foregoing notwithstanding, Polytek® may seek equitable relief in any court of competent jurisdiction to protect its rights. By using this site, you hereby submit to the exclusive jurisdiction of said Courts. Furthermore, you hereby agree that the venue of said Courts are proper in all respects and covenant not to assert any defense or objection to the venue of said Courts.
Hyperlinks
The site may contain links to other internet sites that are not maintained by or under the control of Polytek®, its sponsors or affiliates. Polytek® provides these links only as a convenience and shall not be responsible for the content of those sites. You access all such other sites at your own risk and the appearance of a link does not imply Polytek®’s endorsement of any such other websites. Linking to any page of the web site other than to https://www.polytek.com through a plain text link is strictly prohibited in the absence of Polytek®’s prior written consent. Any website or other device that links to https://www.polytek.com or any page available therein is prohibited from (a) replicating any part or content of the web site, (b) using a browser or border environment around any aspects of the web site including its content, (c) implying in any fashion that Polytek®or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Polytek® or any of its affiliates, (e) presenting false information about Polytek®, its business or products, and (f) using any logo or mark of Polytek®.
Indemnity
You agree and covenant to protect, defend, indemnify and hold harmless Polytek® and its owners, shareholders, officers, directors, affiliates, parent companies, employees, representatives, contractors, agents, successors and assigns of, from and against any and all claims, demands, judgments, actions, suits, damages, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or in any way related to your use of the site and any violation of these Terms of Use by you.
Discontinuance
Polytek® may modify, suspend, discontinue or restrict the use of any portion of the web site including the availability of any portion of the content at any time without notice or liability. Furthermore, Polytek® may deny access to any person or user at any time for any reason. No waiver of any term or provision in these Terms of Use shall be deemed a further continuing waiver of these Terms of Use and Polytek® may strictly enforce these Terms of Use at any time in its sole and exclusive discretion.
Changes
This information is subject to change. Occasionally, we may change this policy. In such case, we will post any change on this page so that users of this site may be aware of such change.
© COPYRIGHT 2020 Polytek® Development Corp. All Rights Reserved.