February 17, 2021
Welcome to Arbill!
Thanks for using the Arbill Industries services (including the arbill.com website, and mobile and web-based applications, and any other online tools, products, or services provided by Arbill Industries that link to or reference these Terms) (collectively, the “Services”). The Services are provided by Arbill Industries, Inc. (“Arbill”, “we,” “our,” or “us”), located at 10450 Drummond Road, Philadelphia, Pennsylvania 19154, U.S.A.
By using our Services, or purchasing any products sold through the Services (“Products”), you are agreeing to these Terms of Service (“Terms”). Please read them carefully. Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services. By accessing or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.
YOU ACKNOWLEDGE AND AGREE THAT SECTION 12 BELOW LIMITS OUR LIABILITY, AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 11 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION AND JURY TRIAL AND CLASS ACTION WAIVER PROVISION IN SECTION 16 THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES AND PRODUCTS.
AS PART OF ITS SERVICES, ARBILL INDUSTRIES OFFERS VARIOUS PRODUCTS FOR SALE, INCLUDING CLOTH FACE COVERINGS. THESE CLOTH FACE COVERINGS ARE NOT MEDICAL MASKS AND ARE NOT INTENDED FOR A MEDICAL PURPOSE OR AS A REPLACEMENT FOR MEDICAL GRADE PERSONAL PROTECTIVE EQUIPMENT. THESE CLOTH FACE COVERINGS ARE INTENDED FOR PERSONAL USE ONLY, ARE NOT INTENDED TO BE PERSONAL PROTECTIVE EQUIPMENT, AND SHOULD NOT BE USED BY HEALTHCARE PROFESSIONALS, USED IN A HEALTHCARE/CLINICAL ENVIRONMENT OR SETTING, USED NEAR TOXIC OR HAZARDOUS MATERIALS, OR USED IN INDUSTRIAL SETTINGS. THESE CLOTH FACE COVERINGS ARE NOT INTENDED TO PREVENT OR PROTECT FROM ANY FORM OF ILLNESS OR DISEASE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR SOCIAL DISTANCING.
THE PRODUCTS AND SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND ARBILL INDUSTRIES DOES NOT AND CANNOT PROVIDE MEDICAL ADVICE, DIAGNOSE YOUR HEALTH CONDITIONS. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE. DO NOT USE THE PRODUCTS OR SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. USE OF THE PRODUCTS OR SERVICES IS NOT INTENDED FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY OR GO TO YOUR NEAREST EMERGENCY MEDICAL SERVICE PROVIDER. ARBILL INDUSTRIES DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR PRODUCT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU OR FOR ANY PARTICULAR PURPOSE. NO DIRECTOR, EMPLOYEE, AGENT, PARTNER, OR REPRESENTATIVE OF ARBILL INDUSTRIES, ITS SUBSIDIARIES OR AFFILIATES IS ENGAGED IN RENDERING MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR OTHER MEDICAL SERVICES. YOU SHOULD CAREFULLY READ ALL PRODUCT PACKAGING AND INSTRUCTIONS BEFORE USING ANY PRODUCTS MADE AVAILABLE VIA OUR SERVICES.
You must follow any policies made available to you within the Services.
Don’t misuse our Services. For example, don’t interfere with our Services, try to access them using a method other than the interface and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use our Services only for your personal non-commercial use, and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access through them (“Content”). You may not use Content, except as permitted in these Terms, by its owner, or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services, including the Arbill Industries names and logos, any third-party names, logos, or other branding, or any photos or other images used in our Services (including Product images and any other intellectual property of Arbill Industries or any third party). Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some Content that is not our own. For example, Content belonging to our advertisers, other third parties, you, or other users (collectively, “Third Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third Party Content. Third Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to display Third Party Content that we believe violates our policies or the law. But we do not generally review content beforehand, and we are not obligated to do so.
All Product colors and packaging represented on the Services are approximations and are not guaranteed to match the actual Product or Product packaging you receive when you make a purchase. Due to the variety of systems, monitors, and unique device configurations available to users, you should not assume that digital Product images viewed on the Services are realistic in their color representation.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of our marketing emails by clicking on the “unsubscribe” link in marketing e-mails. Please be aware that there may be a brief period before we are able to process your opt-out.
Some of our Services are accessible from mobile devices, which may cause you to incur data charges with your wireless provider. Please be aware that we have no control over these charges, and if you do not wish to be charged, you should stop using the Services from your mobile device.
You may need an account in order to use the Services or purchase Products. If you create your own account, you agree that all registration information you give us will be accurate and current. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please contact us at [email protected].
You agree to pay all amounts owed to us for orders placed through the Services (including all applicable Product, service, and shipping charges, and federal, state, and local taxes) under any terms, policies or other written or electronic agreement we may have in place. We may collect fees through a third-party payment processor, such as PayPal.com or Authorize.net. When you accept these Terms, you are also agreeing to the applicable payment processor’s terms of service. We may replace our third party payment processor without notice to you. We may require you to maintain valid credit card or other payment account information with our third-party payment processor in order to receive the Services, and if so, you hereby authorize us to charge your credit card or other payment account for Product orders you have placed through the Services. Your right to purchase Products is conditioned upon our receipt of payment. Refusal of Product delivery does not release you from payment liability. If a payment cannot be charged to your credit card, if a charge is cancelled for any reason, or if you fail to maintain valid, up-to-date payment information with us or to keep your payments current, we reserve the right to immediately either suspend or terminate your access and account immediately without notice, thereby terminating these Terms. We may also suspend and/or cancel the shipment of Product orders you have placed through the Services. Nonetheless, you are required to pay any amounts still owed to Arbill Industries at the time that your account is suspended or terminated. Interest will be charged on all unpaid delinquent amounts at the rate of 1.5% per month or the highest rate permitted by applicable law, whichever is lesser. You agree to reimburse us for all collection agency fees, attorneys’ fees and other costs we may incur to collect delinquent amounts you owe to us.
Arbill will provide a return authorization for a full refund of your purchase of a stock Product if you are not completely satisfied and request a refund within thirty (30) days of the original invoice date. Nonstock Products, and/or stock Products returned within ninety (90) days of the original invoice date are subject to a 20% restocking fee, which will be deducted from the amount of your refund. Special order Products, expiration-date sensitive Products, and custom imprinted Products are not eligible for return except for in cases of defective quality or workmanship, as determined by Arbill in its sole, good faith discretion. All returned Products must be in their original packaging, unused, and in salable condition.
Notwithstanding the method of shipment, risk of loss for the Products will pass to you as soon as the Products are tendered to the USPS or other common carrier, FOB origin.
If you submit feedback or suggestions about our Services or Products, you agree that we may use your feedback or suggestions without obligation to you.
You may submit, upload, and share videos, pictures, text and other content to or through the Services (“Your Content”), and in doing so you must follow these Terms and the rules and policies referenced in these Terms. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours.
When you upload, submit, or otherwise share Your Content to or through our Services, you give us (and those we work with) a royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that Your Content works better with our Services), communicate, publish, publicly perform, publicly display and distribute Your Content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
You agree that you will not use the Services to:
Violate law or a third-party’s rights;
Submit excessive or unsolicited commercial messages or spam any users;
Submit malicious content or viruses;
Solicit other people’s login information, credit card numbers, or other sensitive information;
Harass or bully other users; or
Post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so. If you are a copyright owner or its agent and believe that any content residing on or accessible through the Services infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
Identification of the work or material being infringed.
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence.
Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. After removing material in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing material that we have removed or disabled access to the material. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
The specific URLs of material that we have removed or to which we have disabled access.
Your name, address, telephone number, and email address.
A statement that you consent to the jurisdiction of U.S. District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Upon receipt of a valid counter-notification, we will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may, but are not obligated to, restore the material to the Services.
The contact information for our Designated Agent is:
Arbill Industries, Inc.
Attention: Copyright Agent
10450 Drummond Road
Philadelphia, Pennsylvania 19154
Email: [email protected]
If you believe that any of your intellectual property rights other than copyrights have been infringed, please e-mail us at [email protected]. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of Arbill Industries or others, and/or to remove, delete, edit or disable access to such person’s content. You agree that we have no liability for any action taken under this section.
The Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software.
Arbill Industries gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our written permission.
There may be software programs contained within certain Software that have been licensed to us by third parties. The term "Software" as used herein shall refer to this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.
We are constantly changing and improving our Services and Products. We may add or remove Products, functionalities, or features, and we may suspend or stop a Service or the offering of a Product altogether, at any time, without any notice or liability.
You can stop using our Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to our Services, at any time.
Sections 8 –16 will survive termination or expiration of these Terms indefinitely.
Arbill Industries may provide Product information, including technical information, specifications, recommendations, allergy information, product advisories and instructions, and other materials (collectively “Product Information”) for your convenience in your selection of Products. The accuracy or completeness of Product Information is not guaranteed and is subject to change without notice.
You are solely responsible for evaluating and selecting Products and determining whether each Product is fit for a particular purpose and suitable for the desired use and method of application. Products are not manufactured to any customer requirements or specifications unless expressly agreed to in writing by Arbill Industries. Products that are sold for your use or consumption may not be repackaged, resold, or redistributed in any manner without Arbill Industries’ prior written consent.
(A) Arbill Industries warrants that each Product meets Arbill Industries’ applicable Product specifications, if any, at the time Arbill Industries ships each Product to you. ARBILL INDUSTRIES MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.If a Product does not conform to this warranty, your sole and exclusive remedy is, at our option, replacement of the nonconforming Product or refund of its purchase price.
(B) SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL SUCH WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES.
(C) OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER ARBILL INDUSTRIES NOR ITS LICENSORS, SUPPLIERS, ADVERTISERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES OR THE PRODUCTS. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE PRODUCTS, THE SPECIFIC FUNCTIONS OF THE SERVICES OR THE PRODUCTS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES AND PRODUCTS “AS-IS.”
(D) TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO THE PURCHASE OR USE OF THE SERVICES AND/OR THE PRODUCTS. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY..”
TO THE EXTENT NOT PROHIBITED BY LAW, ARBILL INDUSTRIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT DIRECTLY OR INDIRECTLY ARISE FROM OR RELATE TO THE SERVICES OR PRODUCTS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED, INCLUDING BUT NOT LIMITED TO WARRANTY, CONTRACT, NEGLIGENCE, FRAUD, OR STRICT LIABILITY.
TO THE EXTENT NOT PROHIBITED BY LAW, THE TOTAL LIABILITY OF ARBILL INDUSTRIES(AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND OUR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR ARISING OUT OF THE PURCHASE OR USE OF THE PRODUCTS AND/OR YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO (i) IF THE CLAIMS RELATE TO YOUR USE OF THE SERVICES, THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN), OR (ii) IF THE CLAIMS RELATE TO THE PRODUCTS, THE FEES YOU PAID FOR THE PRODUCTS GIVING RISE TO SUCH CLAIM (OR, IF WE CHOOSE, THE COST OF PROVIDING YOU WITH REPLACEMENT PRODUCTS). THE FOREGOING LIMITATIONS ON LIABILITY SHALL APPLY AND SHALL BE ENFORCEABLE EVEN IF WE HAD REASON TO KNOW OF THE POSSIBILITY OF PARTICULAR DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IN ALL CASES RELATING TO THE PRODUCTS OR PROVIDING YOU THE PRODUCTS AND SERVICES, ARBILL INDUSTRIES (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS ACTS OF WAR, WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, PANDEMICS, EPIDEMICS OR PUBLIC HEALTH EMERGENCIES, DELAYS (INCLUDING, BUT NOT LIMITED TO, DELAYS SHIPPING THE PRODUCTS, OR FAILURES OR DELAYS OF COMMON CARRIERS), OR TELECOMMUNICATION OR INTERNET FAILURES, OR YOUR USE OF THE PRODUCTS OUTSIDE OF THEIR INTENDED PURPOSE OR OTHER MISUSE.
ADDITIONAL LIMITATION RELATING TO LATEX PRODUCTS. WITHOUT IN ANY WAY LIMITING THE GENERAL LIMITATIONS SET FOR FORTH ABOVE, WITH RESPECT TO LATEX PRODUCTS, BEFORE USING ANY LATEX PRODUCT, YOU ARE ENCOURAGED TO CONSULT AN INDUSTRIAL HYGIENIST OR OCCUPATIONAL SAFETY PROFESSIONAL TO DETERMINE ITS SUITABILITY FOR ITS INTENDED USE. YOU SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR ITS INTENDED USE AND ASSUME ALL RISKS AND LIABILITY IN CONNECTION THEREWITH. YOU RECOGNIZE THAT THERE ARE ALTERNATIVES AND ARBILL WILL NOT BE LIABLE FOR ANY HEALTH RELATED ISSUES (INCLUDING ALLERGIC REACTIONS) SURROUNDING LATEX, THE SUPPLY OF LATEX BY YOU TO YOUR EMPLOYEES, OR THE USE OF LATEX BY YOU OR YOUR EMPLOYEES. YOU WAIVE ANY RIGHT OF SUBROGATION, CONTRIBUTION AND INDEMNIFICATION AND AGREE TO INDEMNIFY AND HOLD HARMLESS ARBILL AGAINST ANY CLAIMS ARISING OUT OF LATEX PRODUCTS.
ADDITIONAL LIMITATION RELATING TO RESPIRATOR PRODUCTS.WITHOUT IN ANY WAY LIMITING THE GENERAL LIMITATIONS SET FOR FORTH ABOVE, WITH RESPECT TO RESPIRATOR PRODUCTS, RESPIRATORS HELP PROTECT ONLY AGAINST CERTAIN PARTICLES. MISUSE OF RESPIRATOR PRODUCTS MAY RESULT IN SICKNESS OR DEATH. SUCH PRODUCTS ARE NOT FOR ASBESTOS, SANDBLASTING, OR TO PROTECT AGAINST SAND, SILICA DUST, CHEMICALS, GASES, OR VAPORS. PLEASE NOTE THAT COMPANIES WITH POTENTIAL SILICA EXPOSURE (E.G. FOUNDRIES, BUILDING PRODUCTS MANUFACTURERS, SAND AND DRYWALL CONSTRUCTION) MAY BE AFFECTED.
If you are using our Services on behalf of a business or employer, you are accepting these Terms on their behalf, and that business or employer agrees to be bound by these Terms.
You hereby agree to indemnify, defend, and hold harmless Arbill Industries, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any content you provide through the Services, or your use or misuse of the Services or Products. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.
We may modify these Terms or any additional terms that apply to a Service or a Product for any reason, for example, to reflect changes to the law or changes to our Services or Products. You should look at the Terms regularly and the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service. To the extent we modify any Terms applicable to a particular Product, you will be bound by the Terms as they were in-force at the time you purchased the Product.
If there is a conflict between these Terms and any additional terms for a Service or Product, the additional terms will control for that conflict.
These Terms control the relationship between Arbill Industries and you. They do not create any third-party beneficiary rights. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms, the Services, or the Products.
You may not assign or delegate your rights or obligations relating to these terms or your account for the Services without our prior written consent. We may assign these terms or assign or delegate any of our rights or obligations at any time.
For information about how to contact Arbill Industries, please visit our contact page.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Without limiting your waiver and release in Section 11, you agree to the following:
Purpose. Any and all Disputes (as defined below) involving you and Arbill Industries will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 16 (the "Arbitration Provision") shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 16 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
Definitions. The term "Dispute" means any claim or controversy directly or indirectly arising out of or relating to the Products, the Services, or the Software, including but not limited to any and all: (1) claims for relief and theories of liability, whether at law or in equity, and whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, "Arbill Industries" means Arbill Industries and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.
Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., (“JAMS”) by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). You may deliver any required or desired notice to Arbill Industries by mail to 10450 Drummond Road, Philadelphia, Pennsylvania 19154.
Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or Arbill Industries may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify Arbill Industries about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and Arbill Industries agree otherwise, any arbitration hearing will take place in Philadelphia, PA. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS. RELIEF MAY BE AWARDED ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be Arbill Industries’ responsibility. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, Arbill Industries will pay all fees and costs that it is required by law to pay.
Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND Arbill Industries AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
Continuation.This Arbitration Provision will survive the termination or expiration of these Terms.