Some or all of the content of the Site is or may be copyrighted or trademarked and may not be used except as provided in these Terms and Conditions or in the text on the Site without the prior written permission of DEStech Publications, Inc. (“DEStech Publications”). We do not warrant or represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with DEStech Publications. Images of people or places displayed on the Site are either the property of, or used with permission by, DEStech Publications. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. DEStech Publications has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
While DEStech Publications uses reasonable efforts to include accurate and up-to-date information on the Site, DEStech Publications makes no warranties or representations as to its accuracy. DEStech Publications assumes no liability or responsibility for any errors or omissions in the content on the Site.
Your use and browsing of the Site is at your risk. Neither DEStech Publications nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site or your purchase of items from such use. Without limiting the foregoing, all information on the Site is provided and all items are sold to you “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Because our web site is provided to you “As Is,” you agree that DEStech Publications shall not be liable to you or any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our Site. Because our Site is provided to you “AS AVAILABLE,” you agree that DEStech Publications shall not be liable to you or any third party for any modification, suspension, or discontinuance of our Site or your ability to access it. DEStech Publications also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. You assume full responsibility for the use of information on the Site or products ordered over the Site.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Anything you transmit or post may be used by DEStech Publications or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, DEStech Publications is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
DEStech Publications may, in its sole discretion and at anytime with or without notice, discontinue the DEStech Publications Site, or any part thereof. You agree that you do not have any rights in our Site and that DEStech Publications will have no liability to you if this Site is discontinued or your ability to access our Site is terminated.
DEStech Publications may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms and Conditions to which you are bound.
Use of this Site and purchases made through this Site and any agreement formulated as a result thereof, shall be governed by the domestic internal laws (but not the law of conflict of laws) of the Commonwealth of Pennsylvania. The Terms and Conditions listed on the Site constitute the entire agreement of the parties and are no representations, warranties, or other matters other than are as set forth in this Site/Agreement.
Either party may request a dispute under this Agreement be submitted to a mediator who may meet or otherwise confer with the parties and attempt to resolve such dispute by agreement. If the parties are unable to voluntarily and amicably resolve such dispute, and neither party commences litigation, such litigation shall be brought only in the Court of Common Pleas of Lancaster County, Pennsylvania or in the Federal District Court for the Eastern District of Pennsylvania.
In no event shall DEStech Publications or any of its officers, directors, employees, shareholders, or representatives be liable to a purchaser for any indirect, incidental, exemplary, special or consequential damages or loss profits of any nature whatsoever, however, caused, and regardless of the form of action even if DEStech Publications has been advised of the possibility thereof, which damages may arise out of or be related to the sale of products or the performance or breach thereof. DEStech Publications’ liability to purchaser, if any, shall not exceed the purchase price paid to DEStech Publications.
If the purchaser is a merchant purchasing items subject to the Uniform Commercial Code, then, pursuant to Section 2725 of the Uniform Commercial Code, any action for an alleged breach of agreement or to enforce any right during under any agreement, other than an action by DEStech Publications to collect amounts due, shall be commenced within one (1) year after the cause of action has accrued (i.e., when the breach occurs regardless of knowledge), or such breach or right shall be deemed waived and barred.
DEStech Publications shall not be liable for any delay or failure to perform if such delay or failure is due to strikes or other labor disruption, inclement weather or other forces of nature, fire or other casualty events, or other matters beyond DEStech Publications’ control. If such an event is temporary, DEStech Publications shall (upon cessation of such event) use its best effort to perform within a reasonable time thereafter.
If any payment is not made, when due, to DEStech Publications there shall be added a finance charge equal to the current finance charges of DEStech Publications. If any check is given in payment and is returned for insufficient funds, the payor will be charged the greater of $30.00 or the amount charged by DEStech Publications’ financial institution for such return of checks. Any person purchasing goods from DEStech Publications through this Site agrees to pay to DEStech Publications, in addition to any other amounts due, the costs and expenses incurred by DEStech Publications when collecting such amounts, including attorneys’ fees and court costs.