Terms of Use

These Terms of Use apply to your access and use of the website www.uspgear.com (the “Site”).

1. Acceptance of Terms

Universal Safety Protective Gear Incorporated (“USPGI”) makes this Site available to you subject to the terms contained in these Terms of Use and in our Privacy Policy, which is incorporated herein by this reference (collectively, this “Agreement”).

USPGI reserves the right to modify or update the terms of the Agreement at any time, with or without notice to you.  Please check these Terms of Use and the terms of our Privacy Policy periodically for changes.  If you do not agree to be bound by the terms of this Agreement, please do not use this Site.  By using this Site, you acknowledge that you have read, understood and agree to the terms of the Agreement.  Your continued use of this Site following the posting of any changes to the Terms of Use or the Privacy Policy constitutes acceptance of those changes.

2. Password Security

You agree that at all times you shall keep confidential, maintain and control all user names and passwords used to limit your access to the Site, and you represent and warrant that you are exclusively responsible for all activities that occur in connection with such user names and passwords.  You agree to immediately notify USPGI of any disclosure to, or use of, any such user names or passwords by any other individual.  USPGI will not be liable for any loss or damage of any kind, under any legal theory, caused by your failure to comply with the foregoing obligations.

3. Privacy Policy

Any information including personal data (e.g., your name, address, telephone number, e-mail address) you transmit to this or through the Site will be used and shared by us in accordance with this Site’s Privacy Policy, which can be found at www.uspgear.com/privacy.

4. Site Content

You acknowledge and agree that all content of this Site, such as articles, text, graphics, photographs, images, links, and other material contained on this Site, as well as any support materials (e.g., newsletters and books) (collectively, “Content”) is protected by copyrights, trademarks, service marks, patents, trade secrets, and/or other proprietary rights and laws.  You agree that as between you and USPGI, USPGI is the owner of all such Content.  You may not reproduce, distribute, republish or retransmit any Content or materials posted at this Site without the prior written permission of USPGI.  Except as expressly authorized by USPGI, 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.  Notwithstanding the above, you may print or download one or more copies of any purchase orders generated through the Site for your commercial purposes, and one copy of any other Content on this Site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.  Systematic retrieval of data or other Content from this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from USPGI is prohibited.

The USPGI name, the terms Universal safety Protective Gear Incorporated, USPGI, the USPGI logo or other logos or tag lines or marks on the Site and all related names, logos, product and service names, designs, and slogans are trademarks of USPGI or its affiliates or licensors. You must not use such marks without the prior written permission of USPGI. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners and you do not acquire any permission to use such names, logos, or marks.

5. Third Party Sites/Information

This Site may provide links to, or information gathered from, other sites on the Internet.  USPGI makes no representations whatsoever about these other sites or this third party information.  Other sites linked to this Site may contain information or material that some people may find inappropriate or offensive.  The provision of links to, or information gathered from, other sites on the Internet should not imply USPGI’s endorsement of any such sites or any association between USPGI and these other sites’ operators.  These sites are not under the control of USPGI, and you acknowledge that USPGI, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of, or gathered from, such sites.  You also acknowledge that USPGI, its subsidiaries, its affiliates, and its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on the content, goods or services available on or through any sites linked to this Site.

6. Submissions

You represent, warrant and covenant that your submissions to the Site are not confidential or proprietary, and you grant USPGI the worldwide, royalty free, perpetual, irrevocable, non-exclusive, transferrable and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such submissions (in whole or in part), in any form, media, or technology now known or later developed.  You also represent, warrant and covenant that you will only submit bona fide orders for products and services through the Site. If you provide a trademark (e.g., company logo) owned by you, your company, your customer or any other third party, to be used by USPGI in connection with the sale of products or services to you or your customers (including, without limitation, the creation of purchase orders), you also grant to USPGI a royalty-free, non-exclusive right and license to use such trademark in connection with its activities associated with sales to you, subject to such reasonable restrictions as you may require.  You represent and warrant that you have all rights necessary to grant such licenses to us without infringement or violation of any third party rights including, without limitation, any patent, copyright, trademark or other intellectual property or proprietary rights. However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

USPGI reserves the right to remove from the Site any of your submissions at any time, with or without cause.  Without limiting the foregoing, USPGI has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. You waive and hold harmless uspgi and its affiliates, licensors and service providers from and against any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by such parties or law enforcement authorities.

7. Prohibited Uses of Site and Product Use

7.1 Site Use: You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

1. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
4. To impersonate or attempt to impersonate USPGI, a USPGI employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
5. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm USPGI or users of the Site or expose them to liability.

Additionally, you agree not to:

1. Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
2. Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
3. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the Site.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
7. Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
8. Otherwise attempt to interfere with the proper working of the Site.

7.2 Product Use: Products purchased from USPGI are considered integral to a wide variety of processes and applications and are intended for use by qualified personnel. Our products are not intended for food, drug, or household use and should be handled only by trained persons who are familiar with the potential chemical and health hazards they could impose.

8. Linking to the Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

This Site may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to certain content on this Site.
2. Send emails or other communications with certain content, or links to certain content, on this Site.
3. Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with.  Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you.
2. Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
3. Link to any part of the Site other than the homepage.
4. Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

9. Disclaimer of Warranties

The content and all information contained on the site is provided for informational purposes only. All content and this site are provided “as is” and “as available” with no warranties of any kind, express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, all of which are hereby disclaimed. Uspgi, its affiliates, and its licensors do not warrant that the content is complete, accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Any material downloaded or otherwise obtained through your use of this site is done at your own discretion and risk and you will be solely responsible for any damage to any computer systems or lost data that results from the download of any such materials. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

10. Limitation of Liability

Under no circumstances will uspgi, its affiliates, or its licensors be liable for any consequential damages (including, without limitation, indirect, punitive, incidental or special damages, damages for loss of profits, loss of goodwill, lost use or data or other intangible losses (even if uspgi has been advised of the possibility of such damages) including, without limitation, any that result from: (I) the use of, or inability to use, this site; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or transactions entered into through or from the site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the site; (v) any products sold through the use of the site; or (vi) any other material relating to the site. Uspgi, its affiliates and its licensors shall only be liable to the extent of actual direct damages incurred by you, not to exceed the purchaspPrice received by uspgi for the product giving rise to the liability. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if uspgi has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages uspgi’s liability in such jurisdictions shall be limited to the extent permitted by law.

11. Representations and Warranties

You represent, warrant and covenant that:  (a) you have the power and authority to enter into this agreement; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this Site only as set forth in these Terms of Use.

12. Indemnity

You agree to indemnify, defend and hold USPGI and its affiliates, officers, directors, agents, representatives, co-branders or other partners, and employees, harmless from and against any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of this Site, or breach of any warranty, covenant, representation or term contained in these Terms of Use or as a result of your submissions to the Site.  USPGI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with USPGI in asserting any available defenses.

13. International Use

USPGI makes no representation that materials or Content on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where the Content or materials are illegal is prohibited.  If you access this Site from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14. Copyright Policy

USPGI respects the intellectual property rights of others and expect visitors to this Site to do the same.  USPGI will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide contact details to USPGI using the information below and provide the following: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

USPGI reserves the right to remove content alleged to be infringing without prior notice and at its sole discretion. USPGI may also terminate a user’s account if the user is determined to be a repeat infringer. USPGI’s designated copyright agent for notice of alleged copyright infringement appearing on the Site is:

USPGI
Attn: Robert Sanders
2464 El Camino Real

Suite 221
Santa Clara, California 95051
408-355-8367
e-mail: rds@uspgear.com

15. Modifications to Service

USPGI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Site or some or all of the services or products offered through this Site, with or without notice.  You agree that USPGI shall not be liable to you or to any third party for any modification, suspension or discontinuance of this Site or some or all of the services or products offered through it.

16. Choice of Law and Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction and venue for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in the State of Delaware, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

17. Severability and Integration

This Agreement, and any product specific USPGI terms of sale applicable to products purchased from USPGI, constitute the entire agreement between you and USPGI with respect to this Site and the purchase of products from USPGI, and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and USPGI with respect to this Site.  If any part of these Terms of Use or an product specific USPGI terms of sale is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

18. Termination

In the event you breach any provision of these Terms of Use, or for any other reason or no reason at all, USPGI may, in its sole discretion, terminate your access to all or part of this Site, including, without limitation, your account, with or without notice.

19. Contact Information

If have any questions or should you need any additional information about issues relating to this Site and/or technical manual, please contact:

Attn: Robert Sanders
2464 El Camino Real

Suite 221
Santa Clara, California 95051
408-355-8367
e-mail: rds@uspgear.com