1. Limited License
You may not use, frame or utilize framing techniques to enclose the Site, or any individual element or materials within the Site, including without limitation, Ayres's trademarks, logos or other proprietary information, the content of any text, any of the Materials (as defined below), or the layout and design of any page (or form contained on a page) without Ayres's express written consent. Further, you may not use any circumvention tools, meta tags or any other "hidden text" utilizing a Ayres name, trademark, URL, or product name without Ayres's express written consent.
3. Site Contents
Ayres, its subsidiaries or affiliated companies or third-party providers hold the copyright for all copyrighted and copyrightable materials on the Site, including, but not limited to the text, images, forms, logos, graphics, audio clips, video clips, photographs, and illustrations, including the selection and arrangement of such elements (collectively, the "Materials"). Such Materials are protected by United States and international copyright laws, as well as other intellectual property laws. In addition, the entire Site is copyrighted as a collective work under United States and other copyright laws.
4. Product Purchases and Your Account
When you purchase products or services through our Site, or if you create an account on our Site, you will be required to provide us with a valid email address and create a password. It is your sole responsibility to keep your password confidential. You are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ayres of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ayres cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
When you purchase products or services through our Site, or create an account with us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site's information request form, and (b) maintain and promptly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or Ayres has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ayres has the right to suspend or terminate your account, cancel your order, and refuse any and all current or future use of the Site (or any portion thereof).
5. Your Communication with Ayres
Except for information necessary to place an order, we do not want to receive confidential or proprietary information or trade secrets through this Web site. Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
6. Ayres's Communication with You.
By using this site, you grant permission to Ayres to communicate with you to inform you of modifications or additions to our Site, about any of Ayres' products or services, or for such other purposes as Ayres deems appropriate, including communications related to contests, incentives and promotions. You may opt out of these communications by sending us an email requesting that we discontinue these communications.
7. Online Conduct
In consideration of your use of our Site, you promise that you will not:
- Remove proprietary notices from this Site
- Cause, permit or authorize the modification, creation of derivative works, or translation of this Site without the express permission of Ayres
- Use this Site for any commercial purpose, other than for the purchase of products or services from Ayres, or for the benefit of any third party or any manner not permitted by the licenses granted herein
- Use the Site in any manner that would violate any applicable law, regulation or ordinance
- Use the Site for fraudulent purposes
- Attempt to decompile, reverse engineer, disassemble or hack this Site, or to defeat or overcome any encryption and/or digital rights management technology implemented by Ayres with respect to this Site, and/or data transmitted, processed or stored by Ayres
- Take any steps to interfere with or in any manner compromise any of Ayres' security measures or interfere with or disrupt the Site and/or the servers or networks connected to the Site
- Obstruct or otherwise interfere with the normal performance of another person's use of the Site
8. Our Products
Ayres tries to ensure that the representations of Ayres products that are included in our Site, including the appearances of our products, are as accurate as possible. However, please recognize that the depictions of our products as they appear on your monitor may differ from those you actually receive. If you are dissatisfied with any of the products or services you receive from Ayres as a result of placing an order through our Site, you may return it to us in accordance with our Return Policy.
THIS SITE, AND ALL THE CONTENTS OF THIS SITE, ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY AYRES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THIS SITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, AYRES DOES NOT WARRANT THAT THIS SITE AND THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
10. Limitation of Liability
IN NO EVENT SHALL AYRES BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE INABILITY TO USE THE SITE, AND/OR CONTENT OR INFORMATION PROVIDED HEREIN (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) EVEN IF AYRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THIS SITE IS TO TERMINATE YOUR USER ACCOUNT AND DISCONTINUE ANY USE OF THIS SITE.
Some jurisdictions do not allow the limitation of liability, so the foregoing limitation may not apply to you.
By visiting this Web site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and us or any of our affiliates.
Any dispute relating in any way to your visit to our Web site or to products purchased here shall be submitted to confidential arbitration in Miami, Florida. However, if you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Florida. You consent to exclusive jurisdiction and venue in such courts. Any arbitration under this agreement shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to this Web site or to products purchased here shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.
11. Links to Third Party Sites
Links provided to other sites by Ayres, if any, are provided as a courtesy only, and the sites they link to are not under the control of Ayres in any manner whatsoever. Therefore, Ayres is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Ayres is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Ayres of any linked site and/or any of its content therein.
13. Your Representations and Warranties
You represent and warrant that you: